HOUSE BILL No. 4497

 

 

April 24, 2019, Introduced by Reps. Rendon, Chirkun, Sowerby, Peterson, Cherry, Kuppa, Crawford, Hertel, Elder, Pagan, Warren, Brann and Hood and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 224g.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 224g. (1) A person convicted of a misdemeanor crime of

 

domestic violence shall not possess, use, transport, sell,

 

purchase, carry, ship, receive, or distribute a firearmor

 

ammunition in this state.

 

     (2) A person who is subject to a court order issued under

 

section 2950 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.2950, that contains the prohibition described under section

 

2950(30) of the revised judicature act of 1961, 1961 PA 236, MCL

600.2950, that was issued after a hearing of which the defendant

 

had actual notice and at which the defendant had an opportunity to

 

participate, shall not possess, use, transport, sell, purchase,

 

carry, ship, receive, or distribute a firearm or ammunition in this

 

state.

 

     (3) A person who violates this section is guilty of a felony

 

punishable by not more than 5 years or a fine of not more than

 

$5,000.00, or both.

 

     (4) Subsection (1) 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.

 

     (5) As used in this section:

 

     (a) "Ammunition" means any projectile that, in its current

 

state, may be expelled from a firearm by an explosive.

 

     (b) "Family or household member" means that term as defined in

 

section 1 of 1978 PA 389, MCL 400.1501.

 

     (c) "Misdemeanor crime of domestic violence" means a

 

conviction for any of the following:

 

     (i) A violation of section 81 if the violation was committed

 

against a family or household member.

 

     (ii) Any other misdemeanor violation of the laws of this

 

state, a political subdivision of this state, or of the United

 

States if both of the following apply:

 

     (A) The violation was committed against a family or household

 

member.

 

     (B) The violation involved the use or attempted use of

physical force, or the threatened use of a deadly weapon.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4498 (request no.

 

02090'19) of the 100th Legislature is enacted into law.