THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 ***** 750.223.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****

750.223.amended Selling firearms and ammunition; violations; penalties. Sec. 223.

(1) A person who knowingly sells a firearm without complying with section 2 of 1927 PA 372, MCL 28.422, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. (2) A person who knowingly sells a firearm more than 26 inches in length to a person under 18 years of age is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. A second or subsequent violation of this subsection is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. It is an affirmative defense to a prosecution under this subsection that the person who sold the firearm asked to see and was shown a driver license or identification card issued by a state that identified the purchaser as being 18 years of age or older. (3) A seller shall not sell a firearm or ammunition to a person if the seller knows that either of the following circumstances exists: (a) The person is under indictment for a felony. As used in this subdivision, "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. (b) The person is prohibited under section 224f from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm. (4) A person who violates subsection (3) is guilty of a felony punishable by imprisonment for not more than 10 years or by a fine of not more than $5,000.00, or both.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.223 ;-- Am. 1969, Act 210, Eff. Mar. 20, 1970 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;-- Am. 1992, Act 221, Eff. Mar. 31, 1993 ;-- Am. 2012, Act 242, Eff. Jan. 1, 2013 ;-- Am. 2023, Act 18, Eff. (sine die)

Understanding Michigan's Gun Laws: The Dos and Don'ts of Selling Firearms

When Selling Firearms Isn't Legal

The law in Michigan is clear: if you're planning to sell a firearm, there are rules you need to follow. Ignoring these laws can lead to serious consequences, including jail time and hefty fines.

One critical point to remember is the law outlined in section 2 of 1927 PA 372, MCL 28.422. If you sell a firearm without sticking to these rules, you're committing a misdemeanor. This could land you in jail for up to 90 days, hit you with a fine up to $100, or both.

Age and Gun Size Matters

Be particularly cautious if the buyer is a minor or the firearm in question is over 26 inches in length. Selling such a firearm to someone under 18 years old is considered illegal. If caught, you could face up to 90 days in jail, a $500 fine, or both. Repeat offenders, beware: the consequences get harsher. A second violation upgrades the crime to a felony, punishable by up to 4 years in prison, a $2000 fine, or both.

If you checked the buyer's ID and they showed proof of being 18 or older, you might have a valid defense. But it's crucial to ensure you're not unwittingly breaking the law.

Prohibited Buyers and Felony Charges

The law isn't only about who can sell - it also covers who can buy. You're forbidden from selling a firearm or ammunition to anyone who:

• Is currently under indictment for a felony. Here, a "felony" is a crime punishable by 4 years or more in prison, whether it's under Michigan law, another state's law, or US federal law.
• Is barred from handling firearms under section 224f. This includes possessing, using, transporting, selling, buying, carrying, shipping, receiving, or distributing a firearm.

If you violate this rule, you're committing a felony. The penalties? A prison term of up to 10 years, a $5000 fine, or both.

Staying informed about the current laws around firearms is essential for anyone involved in their sale or purchase. By understanding these rules, you can avoid legal trouble and contribute to safer communities.

The Evolution of Michigan's Gun Laws

These regulations have a long history, beginning with Act 328 of 1931. Over the years, amendments have been made to keep up with societal changes and the evolving legal landscape. The latest amendment was made in 2023, which went into effect 91 days after the regular legislative session ended.

Disclaimer: This article does not constitute legal advice. Always consult with a legal professional if you have any doubts or questions.