Michigan Criminal Code: Firearms

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Possession of firearm or distribution of ammunition by person convicted of felony

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.224f Possession of firearm or distribution of ammunition by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; definitions. Sec. 224f.

(1) Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist: (a) The person has paid all fines imposed for the violation. (b) The person has served all terms of imprisonment imposed for the violation. (c) The person has successfully completed all conditions of probation or parole imposed for the violation. (2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist: (a) The expiration of 5 years after all of the following circumstances exist: (i) The person has paid all fines imposed for the violation. (ii) The person has served all terms of imprisonment imposed for the violation. (iii) The person has successfully completed all conditions of probation or parole imposed for the violation. (b) The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored under section 4 of 1927 PA 372, MCL 28.424. (3) Except as provided in subsection (4), a person convicted of a felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until the expiration of 3 years after all of the following circumstances exist: (a) The person has paid all fines imposed for the violation. (b) The person has served all terms of imprisonment imposed for the violation. (c) The person has successfully completed all conditions of probation or parole imposed for the violation. (4) A person convicted of a specified felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until all of the following circumstances exist: (a) The expiration of 5 years after all of the following circumstances exist: (i) The person has paid all fines imposed for the violation. (ii) The person has served all terms of imprisonment imposed for the violation. (iii) The person has successfully completed all conditions of probation or parole imposed for the violation. (b) The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute ammunition has been restored under section 4 of 1927 PA 372, MCL 28.424. (5) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. (6) A person who possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. (7) Any single criminal transaction where a person possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section, regardless of the amount of ammunition involved, constitutes 1 offense. (8) This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm or ammunition. (9) As used in this section: (a) "Ammunition" means any projectile that, in its current state, may be expelled from a firearm by an explosive. (b) "Felony" means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more, or an attempt to violate such a law. (10) As used in subsections (2) and (4), "specified felony" means a felony in which 1 or more of the following circumstances exist: (a) An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (b) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance. (c) An element of that felony is the unlawful possession or distribution of a firearm. (d) An element of that felony is the unlawful use of an explosive. (e) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.

History: Add. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;-- Am. 2014, Act 4, Eff. May 12, 2014

Michigan's Law on Converting Firearms: A Layman's Guide

In Michigan, under Act 328 of 1931, Section 224e, it's vital to understand the laws related to converting firearms from semiautomatic to fully automatic. This is crucial information for firearm owners, collectors, and law enforcement agencies alike.

What's Not Allowed?

Michigan law strictly prohibits a range of activities concerning the conversion of semiautomatic firearms to fully automatic ones. It's illegal to:

  1. Create, sell, distribute, or possess any device that can convert semiautomatic firearms to fully automatic, or even attempt to do these actions.
  2. Demonstrate or attempt to show someone else how to create or install such a conversion device.

Violating these laws results in serious consequences. Offenders could be charged with a felony, leading to a prison sentence of up to 4 years, a fine up to $2,000, or potentially both.

Who Does This Law Not Apply To?

Certain individuals and groups are exempt from this law:

  1. Police agencies at the local, state, or federal level.
  2. Employees of the above-mentioned agencies performing these actions in the line of their official duties.
  3. The armed forces and their members or employees conducting these activities as part of their official duties.
  4. Licensed collectors who owned a conversion device before the law took effect. However, these collectors are still not allowed to sell or distribute such a device after the law's effective date.

Understanding the Definitions

It's essential to understand what the law means when referring to certain types of firearms:

  • Fully Automatic Firearm: A firearm that uses gas pressure or recoil force to eject an empty cartridge and load the next one from the magazine, firing continuously without needing to press the trigger for each shot.
  • Licensed Collector: A person with a license under chapter 44 of title 18 of the United States code to obtain, hold, or dispose of firearms seen as curios or relics.
  • Semiautomatic Firearm: A firearm that also uses gas pressure or recoil force to eject an empty cartridge and load the next one, but requires the trigger to be pressed for each shot.

Remember, knowing the law keeps you on the right side of it. Be informed and use firearms responsibly.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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