HOUSE BILL No. 4952 October 5, 1999, Introduced by Reps. Lemmons, Baird, Jacobs, Hansen, Woodward, Hardman, Reeves, Dennis, Brater, Hale, Clark, Minore, Clarke, Martinez, Daniels and Thomas and referred to the Committee on Constitutional Law and Ethics. 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: 1 Sec. 223.(1) A person who knowingly sells a pistol with-2out complying with section 2 of Act No. 372 of the Public Acts of31927, as amended, being section 28.422 of the Michigan Compiled4Laws, is guilty of a misdemeanor, punishable by imprisonment for5not more than 90 days, or a fine of not more than $100.00, or6both.7(2) A person who knowingly sells a firearm more than 308inches in length to a person under 18 years of age is guilty of a9misdemeanor, punishable by imprisonment for not more than 9010days, or a fine of not more than $500.00, or both. A second or03795'99 TVD 2 1subsequent violation of this subsection is a felony punishable by2imprisonment for not more than 4 years, or a fine of not more3than $2,000.00, or both. It is an affirmative defense to a pros-4ecution under this subsection that the person who sold the fire-5arm asked to see and was shown a driver's license or identifica-6tion card issued by a state that identified the purchaser as7being 18 years of age or older.8(3) A seller shall not sell a firearm or ammunition to a9person if the seller knows that either of the following circum-10stances exists:11(a) The person is under indictment for a felony. As used in12this subdivision, "felony" means a violation of a law of this13state, or of another state, or of the United States that is pun-14ishable by imprisonment for 4 years or more.15(b) The person is prohibited under section 224f from pos-16sessing, using, transporting, selling, purchasing, carrying,17shipping, receiving, or distributing a firearm.18(4) A person who violates subsection (3) is guilty of a19felony, punishable by imprisonment for not more than 10 years, or20by a fine of not more than $5,000.00, or both.21(5) As used in this section, "licensed dealer" means a22person licensed under section 923 of chapter 44 of title 18 of23the United States Code who regularly buys and sells firearms as a24commercial activity with the principal objective of livelihood25and profit.26 (1) A PERSON SHALL NOT DO ANY OF THE FOLLOWING: 03795'99 3 1 (A) PURCHASE OR ATTEMPT TO PURCHASE A PISTOL WITH THE INTENT 2 TO SELL OR OTHERWISE FURNISH THAT PISTOL TO A PERSON HE OR SHE 3 KNOWS IS NOT LICENSED UNDER SECTION 2 OF 1927 PA 372, MCL 28.422, 4 TO PURCHASE A PISTOL. 5 (B) SELL OR OTHERWISE FURNISH A PISTOL TO A PERSON HE OR SHE 6 KNOWS IS NOT LICENSED UNDER SECTION 2 OF 1927 PA 372, MCL 28.422, 7 TO PURCHASE A PISTOL. 8 (C) PURCHASE OR ATTEMPT TO PURCHASE A FIREARM OTHER THAN A 9 PISTOL WITH THE INTENT TO SELL OR OTHERWISE FURNISH THAT FIREARM 10 TO A PERSON HE OR SHE KNOWS IS LESS THAN 18 YEARS OF AGE OR WHO 11 HE OR SHE KNOWS IS OTHERWISE NOT LEGALLY QUALIFIED TO PURCHASE 12 THAT FIREARM. 13 (D) SELL OR OTHERWISE FURNISH A FIREARM OTHER THAN A PISTOL 14 TO A PERSON HE OR SHE KNOWS IS LESS THAN 18 YEARS OF AGE OR WHO 15 HE OR SHE KNOWS IS OTHERWISE NOT LEGALLY QUALIFIED TO PURCHASE 16 THAT FIREARM. 17 (E) PURCHASE OR ATTEMPT TO PURCHASE A FIREARM OR AMMUNITION 18 WITH THE INTENT TO SELL OR OTHERWISE FURNISH THAT FIREARM OR 19 AMMUNITION TO A PERSON IF HE OR SHE KNOWS EITHER OF THE FOLLOWING 20 CIRCUMSTANCES EXIST: 21 (i) THE PERSON IS CHARGED WITH COMMITTING A FELONY. 22 (ii) THE PERSON IS PROHIBITED UNDER SECTION 224F FROM POS- 23 SESSING, USING, TRANSPORTING, SELLING, PURCHASING, CARRYING, 24 SHIPPING, RECEIVING, OR DISTRIBUTING A FIREARM. 25 (F) SELL OR OTHERWISE FURNISH A FIREARM OR AMMUNITION TO A 26 PERSON IF HE OR SHE KNOWS EITHER OF THE FOLLOWING CIRCUMSTANCES 27 EXIST: 03795'99 4 1 (i) THE PERSON IS CHARGED WITH COMMITTING A FELONY. 2 (ii) THE PERSON IS PROHIBITED UNDER SECTION 224F FROM POS- 3 SESSING, USING, TRANSPORTING, SELLING, PURCHASING, CARRYING, 4 SHIPPING, RECEIVING, OR DISTRIBUTING A FIREARM. 5 (2) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUB- 6 SECTION (1)(C) OR (D) FOR SELLING OR OTHERWISE FURNISHING A 7 PISTOL TO AN INDIVIDUAL LESS THAN 18 YEARS OF AGE THAT THE PERSON 8 WHO SOLD OR OTHERWISE FURNISHED THE FIREARM ASKED TO SEE AND WAS 9 SHOWN A DRIVER LICENSE OR IDENTIFICATION CARD ISSUED BY ANOTHER 10 STATE THAT IDENTIFIED THE MINOR AS BEING 18 YEARS OF AGE OR 11 OLDER. 12 (3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CRIME 13 AS FOLLOWS: 14 (A) FOR A VIOLATION OF SUBSECTION (1)(A) OR (B), THE PERSON 15 IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT 16 MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $100.00, OR BOTH. 17 (B) EXCEPT AS PROVIDED IN SUBDIVISION (C), FOR A VIOLATION 18 OF SUBSECTION (1)(C) OR (D), THE PERSON IS GUILTY OF A MISDE- 19 MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A 20 FINE OF NOT MORE THAN $500.00, OR BOTH. 21 (C) FOR A SECOND OR SUBSEQUENT VIOLATION OF SUBSECTION 22 (1)(C) OR (D), THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY 23 IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN 24 $2,000.00, OR BOTH. 25 (D) FOR A VIOLATION OF SUBSECTION (1)(E) OR (F), THE PERSON 26 IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE 27 THAN 10 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH. 03795'99 5 1 (4) AS USED IN THIS SECTION, "FELONY" MEANS A VIOLATION OF A 2 LAW OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES THAT IS 3 PUNISHABLE BY IMPRISONMENT FOR 4 YEARS OR MORE. 03795'99 Final page. 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