HOUSE BILL No. 4512

 

 

April 25, 2019, Introduced by Reps. Warren, Manoogian, Pagan, Stone, Chirkun, Hertel, Peterson, Ellison, Sabo, Wittenberg, Hood, Lasinski, Tyrone Carter, Brixie, Hoadley, Clemente, Rabhi, Koleszar, Cynthia Johnson, Pohutsky, Tate, Kuppa, Hope, Bolden and Whitsett 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 2012 PA 242,

 

and by adding section 223a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 223. (1) A person who knowingly sells a pistol without

 

complying with section 2 of 1927 PA 372, MCL 28.422, 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 26 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 18 USC 923 who regularly buys and sells firearms as

 

a commercial activity with the principal objective of livelihood

 

and profit.

 

     (5) Upon the retail sale or transfer of a firearm, the seller

 

of that firearm shall deliver a written warning to the purchaser

 

informing the purchaser of the penalties for failing to store or

 

leave a firearm in the manner required under section 223a, and

 

conspicuously post a warning at each purchase counter informing the

reader that failing to store or leave a firearm in the manner

 

required under section 223a is unlawful. A person who violates this

 

subsection is guilty of a misdemeanor punishable by imprisonment

 

for not more than 93 days or a fine of not more than $500.00, or

 

both.

 

     Sec. 223a. (1) A person who stores or leaves a firearm on

 

premises under his or her control, and who knows or reasonably

 

should know that the firearm is accessible to a minor, shall do 1

 

or more of the following:

 

     (a) Keep the firearm in a securely locked box or container.

 

     (b) Keep the firearm in a location that a reasonable person

 

would believe is secure.

 

     (c) Securely lock the firearm with a locking device.

 

     (2) If a person violates subsection (1) by failing to store or

 

leave a firearm in the required manner and as a result of the

 

violation a minor obtains the firearm and uses it to inflict injury

 

or death upon himself or herself or any other person, the person

 

who stores or leaves the firearm 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.

 

     (3) A person is guilty of a misdemeanor punishable by

 

imprisonment for not more than 93 days or a fine of not more than

 

$500.00, or both, if the person violates subsection (1) by failing

 

to store or leave a firearm in the required manner and as a result

 

of the violation both of the following occur:

 

     (a) A minor obtains the firearm.

 

     (b) The minor does either of the following:

     (i) Possesses or exhibits the firearm in a public place.

 

     (ii) Possesses or exhibits the firearm in the presence of

 

another person in a careless, reckless, or threatening manner.

 

     (4) This section does not apply under any of the following

 

circumstances:

 

     (a) The minor obtains the firearm with the permission of the

 

minor's parent or guardian and the minor uses or possesses the

 

firearm during any of the following:

 

     (i) His or her employment.

 

     (ii) Ranching or farming.

 

     (iii) Target practice, hunting, or instruction in the safe use

 

of a firearm.

 

     (b) The minor obtains the firearm through the minor's unlawful

 

entry of any premises where the firearm has been stored or through

 

the minor's illegal taking of the firearm from the owner's

 

premises.

 

     (c) The minor obtains the firearm while lawfully acting in

 

self-defense or defense of another.

 

     (5) As used in this section:

 

     (a) "Locked box or container" means a secure container that is

 

fully enclosed and locked by a padlock, key lock, combination lock,

 

or similar locking device.

 

     (b) "Locking device" means a trigger lock, cable lock, or

 

similar lock that prevents a firearm from discharging.

 

     (c) "Minor" means an individual less than 18 years of age.