HB-4715, As Passed Senate, January 23, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4715

     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 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 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) 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) (3) 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.

     (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.

     (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.

(8) (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.

(9) (5) As used in this section: , "felony"

(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.

(10) (6) As used in subsection subsections (2) and (4),

"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.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.