HOUSE BILL No. 5999

 

 

October 19, 2016, Introduced by Reps. Hoadley and Wittenberg and referred to the Committee on Criminal Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 223 (MCL 750.223), as amended by 2012 PA 242.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 223. (1) A person who knowingly sells a pistol 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's 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.

 

     (5) As used in this section, "licensed dealer" means a person

 

licensed under 18 USC 923 who regularly buys and sells firearms as

 

a commercial activity with the principal objective of livelihood

 

and profit.

 

     (1) A person shall not do any of the following:

 

     (a) Purchase or attempt to purchase a pistol with the intent

 

to sell or otherwise furnish that pistol to a person he or she

 

knows is not licensed or exempt from licensure under section 2 of

 

1927 PA 372, MCL 28.422, to purchase a pistol.

 

     (b) Sell or otherwise furnish a pistol to a person he or she


knows is not licensed or exempt from licensure under section 2 of

 

1927 PA 372, MCL 28.422, to purchase a pistol.

 

     (c) Purchase or attempt to purchase a firearm other than a

 

pistol with the intent to sell or otherwise furnish that firearm to

 

a person he or she knows is less than 18 years of age or who he or

 

she knows is otherwise not legally qualified to purchase that

 

firearm.

 

     (d) Sell or otherwise furnish a firearm other than a pistol to

 

a person he or she knows is less than 18 years of age or who he or

 

she knows is otherwise not legally qualified to purchase that

 

firearm.

 

     (e) Purchase or attempt to purchase a firearm or ammunition

 

with the intent to sell or otherwise furnish that firearm or

 

ammunition to a person if he or she knows either of the following

 

circumstances exists:

 

     (i) The person is charged with committing a felony.

 

     (ii) The person is prohibited under section 224f from

 

possessing, using, transporting, selling, purchasing, carrying,

 

shipping, receiving, or distributing a firearm.

 

     (f) Sell or otherwise furnish a firearm or ammunition to a

 

person if he or she knows either of the following circumstances

 

exists:

 

     (i) The person is charged with committing a felony.

 

     (ii) The person is prohibited under section 224f from

 

possessing, using, transporting, selling, purchasing, carrying,

 

shipping, receiving, or distributing a firearm.

 

     (2) It is an affirmative defense to a prosecution under


subsection (1)(c) or (d) for selling or otherwise furnishing a

 

pistol to an individual less than 18 years of age that the person

 

who sold or otherwise furnished the firearm asked to see and was

 

shown a driver license or identification card issued by another

 

state that identified the minor as being 18 years of age or older.

 

     (3) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) For a violation of subsection (1)(a) or (b), the person 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.

 

     (b) Except as provided in subdivision (c), for a violation of

 

subsection (1)(c) or (d), the person 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.

 

     (c) For a second or subsequent violation of subsection (1)(c)

 

or (d), the person is guilty of a felony punishable by imprisonment

 

for not more than 4 years or a fine of not more than $2,000.00, or

 

both.

 

     (d) For a violation of subsection (1)(e) or (f), the person is

 

guilty of a felony punishable by imprisonment for not more than 10

 

years or a fine of not more than $5,000.00, or both.

 

     (4) As used in subsection (1), "felony" means a violation of a

 

law of this state, another state, or the United States that is

 

punishable by imprisonment for 4 years or more.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.