Michigan Criminal Code: Firearms

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Weapons; manufacture, sale, or possession as felony

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.224 Weapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; "muffler" or "silencer" defined. Sec. 224.

(1) A person shall not manufacture, sell, offer for sale, or possess any of the following: (a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without manual reloading, by a single function of the trigger. (b) A muffler or silencer. (c) A bomb or bombshell. (d) A blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, or bludgeon. (e) A device, weapon, cartridge, container, or contrivance designed to render a person temporarily or permanently disabled by the ejection, release, or emission of a gas or other substance. (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 any of the following: (a) A self-defense spray or foam device as defined in section 224d. (b) A person manufacturing firearms, explosives, or munitions of war by virtue of a contract with a department of the government of the United States. (c) A person licensed by the secretary of the treasury of the United States or the secretary's delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1). (4) As used in this chapter, "muffler" or "silencer" means 1 or more of the following: (a) A device for muffling, silencing, or deadening the report of a firearm. (b) A combination of parts, designed or redesigned, and intended for use in assembling or fabricating a muffler or silencer. (c) A part, designed or redesigned, and intended only for use in assembling or fabricating a muffler or silencer.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.224 ;-- Am. 1959, Act 175, Eff. Mar. 19, 1960 ;-- Am. 1978, Act 564, Imd. Eff. Dec. 29, 1978 ;-- Am. 1980, Act 346, Eff. Mar. 31, 1981 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1991, Act 33, Imd. Eff. June 10, 1991 ;-- Am. 2006, Act 401, Eff. Dec. 28, 2006 Constitutionality: The Michigan supreme court held that the statute was not unconstitutionally vague as applied to the defendant in People v Lynch, 410 Mich 343; 301 NW2d 796 (1981). Former Law: See section 3 of Act 372 of 1927, being CL 1929, § 16751; and Act 206 of 1929.

Understanding Michigan's Laws on Weapons: A Simple Guide

In Michigan, it's critical to be aware of the laws regarding the possession, manufacture, and sale of certain weapons, as outlined in Act 328 of 1931, Section 224. This guide helps clarify these laws for those unfamiliar with legal jargon.

Prohibited Actions and Items

Michigan law makes it clear that there are restrictions on a variety of weapon-related activities. Specifically, it is illegal to:

  1. Make, sell, offer for sale, or own certain items, including:
    • A machine gun or any firearm designed to shoot more than one shot without manual reloading by a single function of the trigger.
    • A muffler or silencer for firearms.
    • Bombs or bombshells.
    • Blackjacks, slungshots, billy clubs, metallic knuckles, sand clubs, sandbags, or bludgeons.
    • Any device, weapon, cartridge, container, or contraption intended to temporarily or permanently disable a person by releasing a gas or other substance.

Breaking these laws is considered a felony and can result in imprisonment for up to 5 years, a fine of up to $2,500, or both.

Who is Exempt?

However, these rules do not apply to everyone:

  1. Self-defense spray or foam devices are permitted as defined in section 224d.
  2. Those manufacturing firearms, explosives, or war munitions under a contract with a U.S. government department are exempt.
  3. Individuals licensed by the U.S. treasury secretary or their delegate to manufacture, sell, or possess a machine gun or any of the devices described above.

Definitions to Know

When it comes to understanding these laws, knowing what certain terms mean is key:

  • Muffler or Silencer: This refers to anything that can muffle, silence, or deaden the sound of a firearm. It also includes a combination of parts or individual parts designed or redesigned for use in assembling or creating a muffler or silencer.

Keep in mind, it's always better to know and understand the law to avoid unknowingly violating it. Be responsible and informed about the rules that govern weapons in your area.

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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