April 21, 2005, Introduced by Reps. Lemmons, III, Vagnozzi, Lemmons, Jr., Alma Smith, Hunter, Tobocman, Waters, Donigan, McConico and Cheeks and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 223 (MCL 750.223), as amended by 1992 PA 221.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
223. (1) A person who knowingly sells a pistol without
complying
with section 2 of Act No. 372 of the Public Acts of 1927,
as
amended, being section 28.422 of the Michigan Compiled Laws, 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 30 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 section 923 of chapter 44 of title 18 of the United
States
Code 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.