Bill Text: MI SB0678 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Crimes: weapons; possession of firearms and ammunition by persons convicted of misdemeanor involving domestic violence; prohibit. Amends sec. 224f of 1931 PA 328 (MCL 750.224f).
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2021-10-06 - Referred To Committee On Judiciary And Public Safety [SB0678 Detail]
Download: Michigan-2021-SB0678-Introduced.html
SENATE BILL NO. 678
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 224f (MCL 750.224f), as amended by 2014 PA 4.
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 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 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 has been restored under section 4 of 1927 PA 372, MCL 28.424.
(3) Except as provided in subsection (4), a person convicted of a felony shall not possess, use, transport, sell, carry, ship, or distribute 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.
(4) A person convicted of a specified felony shall not possess, use, transport, sell, carry, ship, or distribute 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 ammunition has been restored under section 4 of 1927 PA 372, MCL 28.424.
(5) A person convicted of a misdemeanor involving domestic violence shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in this state until the expiration of 8 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 imposed for the violation.
(6) (5) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm 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.
(7) (6) A person who possesses, uses, transports, sells, carries, ships, or distributes 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.
(8) (7) Any single criminal transaction where a person possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section, regardless of the amount of ammunition involved, constitutes 1 offense.
(9) (8) 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.
(10) (9) As used in this section:
(a) "Ammunition" means any projectile that, in its current state, may be expelled from a firearm by an explosive.
(b) "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.
(c) "Misdemeanor involving domestic violence" means a violation of the laws of this state or another state, a political subdivision of this state or another state, or the United States that is punishable by imprisonment for not more than 1 year, and in which any of the following occur:
(i) The victim is the convicted person's spouse or former spouse.
(ii) The victim has or has had a dating relationship, as that term is defined in section 81, with the convicted person.
(iii) The victim has or has had a child in common with the convicted person.
(iv) The victim is a resident or former resident of the convicted person's household.
(d) (10) As used in subsections (2) and (4), "specified "Specified felony" means a felony in which 1 or more of the following circumstances exist:
(i) (a) 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.
(ii) (b) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
(iii) (c) An element of that felony is the unlawful possession or distribution of a firearm.
(iv) (d) An element of that felony is the unlawful use of an explosive.
(v) (e) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.
