THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.224b Short-barreled shotgun or rifle; making, manufacturing, transferring, or possessing as felony; penalty; exceptions; short-barreled shotgun or rifle 26 inches or less; short-barreled shotgun or rifle greater than 26 inches; violation of subsection (5) as civil infraction; seizure and forfeiture; applicability of MCL 776.20 to subsection (3). Sec. 224b.
(1) A person shall not make, manufacture, transfer, or possess a short-barreled shotgun or a short-barreled rifle. (2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both. (3) Subsection (1) does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law. (4) A person, excluding a manufacturer, lawfully making, transferring, or possessing a short-barreled shotgun or short-barreled rifle that is 26 inches or less in length under this section shall comply with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a. (5) A person who possesses a short-barreled shotgun or short-barreled rifle that is greater than 26 inches in length under this section shall possess a copy of the federal registration of that short-barreled shotgun or short-barreled rifle while transporting or using that short-barreled shotgun or short-barreled rifle and shall present that federal registration to a peace officer upon request by that peace officer. (6) A person who violates subsection (5) is responsible for a state civil infraction and may be fined not more than $100.00. A short-barreled shotgun or short-barreled rifle carried in violation of subsection (5) is subject to immediate seizure by a peace officer. If a peace officer seizes a short-barreled shotgun or short-barreled rifle under this subsection, the person has 45 days in which to display the federal registration to an authorized employee of the law enforcement entity that employs the peace officer. If the person displays the federal registration to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the short-barreled shotgun or short-barreled rifle to the person unless the person is prohibited by law from possessing a firearm. If the person does not display the federal registration within the 45-day period, the short-barreled shotgun or short-barreled rifle is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. (7) Section 20 of chapter XVI of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to subsection (3).
History: Add. 1978, Act 564, Imd. Eff. Dec. 29, 1978 ;-- Am. 2008, Act 196, Eff. Jan. 7, 2009 ;-- Am. 2014, Act 63, Imd. Eff. Mar. 27, 2014
Understanding Michigan's Laws on Short-Barreled Shotguns and Rifles
Prohibition of Short-Barreled Firearms
Michigan law prohibits the making, manufacturing, transferring, or possessing of short-barreled shotguns or rifles. A violation of this prohibition is considered a felony, punishable by up to 5 years in prison, a fine of up to $2,500, or both.
Exceptions to the Rule
There are exceptions to this rule, which include:
- The prohibition does not apply if the short-barreled shotgun or rifle is made, manufactured, transferred, or possessed in accordance with federal law.
- A person lawfully making, transferring, or possessing a short-barreled shotgun or rifle that is 26 inches or less in length must comply with sections 2 or 2a of 1927 PA 372 (MCL 28.422 and 28.422a).
- If a person possesses a short-barreled shotgun or rifle greater than 26 inches in length, they must carry a copy of the federal registration for the firearm when transporting or using it. This registration must be presented to a peace officer upon request.
Penalties for Non-compliance
Non-compliance with carrying a copy of the federal registration while transporting or using a short-barreled shotgun or rifle longer than 26 inches is considered a civil infraction, with a potential fine of up to $100. The firearm in question can be immediately seized by a peace officer.
Once the firearm is seized, the person has 45 days to display the federal registration to an authorized employee of the law enforcement agency that employs the peace officer. If the registration is presented within the 45-day window, and the person is not prohibited by law from possessing a firearm, the firearm will be returned. If not, the firearm may be seized and forfeited in the same manner as property under sections 4701 to 4709 of the revised judicature act of 1961 (1961 PA 236, MCL 600.4701 to 600.4709).
Section 20 of chapter XVI of the code of criminal procedure (1927 PA 175, MCL 776.20) applies to the exception related to complying with federal law.
History of the Law
This law was added in 1978 and has been amended several times, most recently in 2014.
Disclaimer: This article does not constitute legal advice. Always consult with a legal professional if you have any doubts or questions.