HOUSE BILL No. 4715

 

May 14, 2013, Introduced by Reps. Heise, Zorn and Kesto and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 224f (MCL 750.224f), as added by 1992 PA 217.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 or

 

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.

 


     (2) A person convicted of a specified felony shall not

 

possess, use, transport, sell, purchase, carry, ship, receive, or

 

distribute a firearm or 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 a firearm or

 

ammunition has been restored pursuant to under section 4 of Act No.

 

372 of the Public Acts of 1927, being section 28.424 of the

 

Michigan Compiled Laws.1927 PA 372, MCL 28.424.

 

     (3) A person who possesses, uses, transports, sells,

 

purchases, carries, ships, receives, or distributes a firearm or

 

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.

 

     (4) 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.

 

     (5) As used in this section, "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.

 

     (6) As used in subsection (2), "specified felony" means a

 

felony in which 1 or more of the following circumstances exist:

 

     (a) (i) 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) (ii) An element of that felony is the unlawful manufacture,

 

possession, importation, exportation, distribution, or dispensing

 

of a controlled substance.

 

     (c) (iii) An element of that felony is the unlawful possession

 

or distribution of a firearm.

 

     (d) (iv) An element of that felony is the unlawful use of an

 

explosive.

 

     (e) (v) The felony is burglary of an occupied dwelling, or

 

breaking and entering an occupied dwelling, or arson.