HB-4715, As Passed House, January 28, 2014HB-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.