State of Michigan Firearms Laws (con't)

THE MICHIGAN PENAL CODE..(;&(537.
Act 328 of 1931
AN ACT to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and
prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the
competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for
certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts
and parts of acts inconsistent with or contravening any of the provisions of this act.
History: 1931, Act 328, Eff. Sept. 18, 1931;Am. 1991, Act 56, Eff. Jan. 1, 1992;Am. 2005, Act 105, Eff. Dec. 1, 2005;Am.
2010, Act 107, Eff. Aug. 1, 2010.
Constitutionality: Michigan's anti-stalking law is not an unconstitutionally vague threat to freedom of speech. Staley v Jones, 239
F3d 769 (CA 6, 2001).
The People of the State of Michigan enact:

CHAPTER XI
ASSAULTS
750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.
Sec. 82. (1) Except as provided in subsection (2), a person who assaults another person with a gun,
revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit
murder or to inflict great bodily harm less than murder 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.
(2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1
or more of the following:
(a) Imprisonment for not more than 4 years.
(b) Community service for not more than 150 hours.
(c) A fine of not more than $6,000.00.
(3) As used in this section:
(a) “School” means a public, private, denominational, or parochial school offering developmental
kindergarten, kindergarten, or any grade from 1 through 12.
(b) “School property” means a building, playing field, or property used for school purposes to impart
instruction to children or used for functions and events sponsored by a school, except a building used
primarily for adult education or college extension courses.
(c) “Weapon free school zone” means school property and a vehicle used by a school to transport students
to or from school property.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.82;Am. 1994, Act 158, Eff. Aug. 15, 1994.
Former law: See section 1 of Act 232 of 1913, being CL 1915, § 15228; CL 1929, § 16747; and Act 241 of 1915.
750.89 Assault with intent to rob and steal; armed.
Sec. 89. Assault with intent to rob and steal being armed—Any person, being armed with a dangerous
weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to
be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony,
punishable by imprisonment in the state prison for life, or for any term of years.
History: 1931, Act 328, Eff. Sept. 18, 1931;Am. 1939, Act 94, Eff. Sept. 29, 1939;CL 1948, 750.89.
Former law: See section 16 of Ch. 153 of R.S. 1846, being CL 1857, § 5726; CL 1871, § 7525; How., § 9090; CL 1897, § 11485;
CL 1915, § 15207; CL 1929, § 16723; Act 143 of 1869; and Act 374 of 1927.

CHAPTER XVI
BREAKING AND ENTERING
750.110a Definitions; home invasion; first degree; second degree; third degree; penalties.
Sec. 110a. (1) As used in this section:
(a) “Dwelling” means a structure or shelter that is used permanently or temporarily as a place of abode,
including an appurtenant structure attached to that structure or shelter.
(b) “Dangerous weapon” means 1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or
customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a
weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or
device is an object or device described in subparagraphs (i) to (iii).
(c) “Without permission” means without having obtained permission to enter from the owner or lessee of
the dwelling or from any other person lawfully in possession or control of the dwelling.
(2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the
dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or
assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission
and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or
assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or
exiting the dwelling either of the following circumstances exists:
(a) The person is armed with a dangerous weapon.
(b) Another person is lawfully present in the dwelling.
(3) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the
dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or
assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission
and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or
assault is guilty of home invasion in the second degree.
(4) A person is guilty of home invasion in the third degree if the person does either of the following:
(a) Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling
without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or
enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the
dwelling, commits a misdemeanor.
(b) Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person
is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person
or persons:
(i) A probation term or condition.
(ii) A parole term or condition.
(iii) A personal protection order term or condition.
(iv) A bond or bail condition or any condition of pretrial release.
(5) Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or
a fine of not more than $5,000.00, or both.
(6) Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years
or a fine of not more than $3,000.00, or both.
(7) Home invasion in the third degree is a felony punishable by imprisonment for not more than 5 years or
a fine of not more than $2,000.00, or both.
(8) The court may order a term of imprisonment imposed for home invasion in the first degree to be served
consecutively to any term of imprisonment imposed for any other criminal offense arising from the same
transaction.
(9) Imposition of a penalty under this section does not bar imposition of a penalty under any other
applicable law.
History: Add. 1994, Act 270, Eff. Oct. 1, 1994;Am. 1999, Act 44, Eff. Oct. 1, 1999.

CHAPTER XXVA
CRIMINAL ENTERPRISES
750.159g "Racketeering" defined.
Sec. 159g. As used in this chapter, "racketeering" means committing, attempting to commit, conspiring to
commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial
gain, involving any of the following:
(a) A felony violation of section 8 of the tobacco products tax act, 1993 PA 327, MCL 205.428, concerning
tobacco product taxes, or section 9 of former 1947 PA 265, concerning cigarette taxes.
(b) A violation of section 11151(3) of the natural resources and environmental protection act, 1994 PA
451, MCL 324.11151, or section 48(3) of former 1979 PA 64, concerning felonious disposal of hazardous
waste.
(c) A felony violation of part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461,
concerning controlled substances.
(d) A felony violation of section 60 of the social welfare act, 1939 PA 280, MCL 400.60, concerning
welfare fraud.
(e) A violation of section 4, 5, or 7 of the medicaid false claim act, 1977 PA 72, MCL 400.604, 400.605,
and 400.607, concerning medicaid fraud.
(f) A felony violation of section 18 of the Michigan gaming control and revenue act, 1996 IL 1, MCL
432.218, concerning the business of gaming.
(g) A violation of section 508 of the uniform securities act (2002), 2008 PA 551, MCL 451.2508,
concerning securities fraud.
(h) A violation of section 5 or 7 of 1978 PA 33, MCL 722.675 and 722.677, concerning the display or
dissemination of obscene matter to minors.
(i) A felony violation of section 72, 73, 74, 75, or 77, concerning arson.
(j) A violation of section 93, 94, 95, or 96, concerning bank bonds, bills, notes, and property.
(k) A violation of section 110 or 110a, concerning breaking and entering or home invasion.
(l) A violation of section 117, 118, 119, 120, 121, or 124, concerning bribery.
(m) A violation of section 120a, concerning jury tampering.
(n) A violation of section 145c, concerning child sexually abusive activity or material.
(o) A violation of section 145d, concerning internet or computer crimes.
(p) A felony violation of section 157n, 157p, 157q, 157r, 157s, 157t, or 157u, concerning credit cards or
financial transaction devices.
(q) A felony violation of section 174, 175, 176, 180, 181, or 182, concerning embezzlement.
(r) A felony violation of chapter XXXIII, concerning explosives and bombs.
(s) A violation of section 213, concerning extortion.
(t) A felony violation of section 218, concerning false pretenses.
(u) A felony violation of section 223(2), 224(1)(a), (b), or (c), 224b, 224c, 224e(1), 226, 227, 234a, 234b,
or 237a, concerning firearms or dangerous weapons.
(v) A felony violation of chapter XLI, concerning forgery and counterfeiting.
(w) A violation of section 271, 272, 273, or 274, concerning securities fraud.
(x) A violation of section 300a, concerning food stamps or coupons or access devices.
(y) A violation of section 301, 302, 303, 304, 305, 305a, or 313, concerning gambling.
(z) A violation of section 316 or 317, concerning murder.
(aa) A violation of section 330, 331, or 332, concerning horse racing.
(bb) A violation of section 349, 349a, or 350, concerning kidnapping.
(cc) A felony violation of chapter LII, concerning larceny.
(dd) A violation of section 411k, concerning money laundering.
(ee) A violation of section 422, 423, 424, or 425, concerning perjury or subornation of perjury.
(ff) A violation of section 452, 455, 457, 458, or 459, concerning prostitution.
(gg) A violation of chapter LXVIIA, concerning human trafficking.
(hh) A violation of section 529, 529a, 530, or 531, concerning robbery.
(ii) A felony violation of section 535 or 535a, concerning stolen, embezzled, or converted property.
(jj) A violation of chapter LXXXIII-A, concerning terrorism.
(kk) A violation of section 5 of 1984 PA 343, MCL 752.365, concerning obscenity.
(ll) A felony violation of the identity theft protection act, 2004 PA 452, MCL 445.61 to 445.77.
(mm) An offense committed within this state or another state that constitutes racketeering activity as
defined in 18 USC 1961(1).
(nn) An offense committed within this state or another state in violation of a law of the United States that is
substantially similar to a violation listed in subdivisions (a) through (mm).
(oo) An offense committed in another state in violation of a statute of that state that is substantially similar
to a violation listed in subdivisions (a) through (mm).
(pp) A felony violation of section 909(4) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1909, concerning the illegal sale, delivery, or importation of spirits.
History: Add. 1995, Act 187, Eff. Apr. 1, 1996;Am. 1997, Act 75, Imd. Eff. July 17, 1997;Am. 2002, Act 124, Eff. Apr. 22,
2002;Am. 2009, Act 82, Imd. Eff. Aug. 31, 2009;Am. 2010, Act 176, Imd. Eff. Sept. 30, 2010;Am. 2010, Act 362, Eff. Apr. 1,
2011.

CHAPTER XXVIII
DISORDERLY PERSONS
750.167a Person hunting with firearms while drunk or intoxicated; confiscation and
disposition of weapons; application for or possession of hunting license for period of 3
years prohibited.
Sec. 167a. Any person who shall be drunk or intoxicated while hunting with a firearm or other weapon
under a valid hunting license shall be deemed to be a disorderly person. Upon conviction of such person, the
weapon shall be confiscated and shall be delivered to the department of natural resources for disposition in the
same manner as weapons confiscated for other violations of the game laws. Upon conviction under this
section, the person so convicted, in addition to any punishment imposed pursuant to section 168, and as a part
of any sentence imposed, shall be forbidden to apply for or possess a hunting license for a period of 3 years
following the date of conviction. A violation of the conditions of such sentence shall be deemed to be a
misdemeanor.
History: Add. 1952, Act 30, Eff. Sept. 18, 1952;Am. 1987, Act 148, Imd. Eff. Oct. 26, 1987.
Compiler's note: For transfer of powers and duties of department of natural resources to department of natural resources and
environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.

CHAPTER XXX
DUELLING
750.171 Repealed. 2010, Act 96, Imd. Eff. June 22, 2010.
Compiler's note: The repealed section pertained to engaging in or challenging to fight duel.
750.172 Accepting challenge and abetting duel.
Sec. 172. Any person who shall accept any challenge, or who shall knowingly carry or deliver any
challenge or message, whether a duel ensue or not, and every person who shall be present at the fighting of a
duel with deadly weapons as an aid or second, or surgeon, or who shall advise, encourage, or promote such
duel, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more
than $1,000.00 and is also disqualified as mentioned in the preceding section.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.172;Am. 2002, Act 672, Eff. Mar. 31, 2003.
Former law: See section 8 of Ch. 153 of R.S. 1846, being CL 1857, § 5718; CL 1871, § 7517; How., § 9082; CL 1897, § 11477; CL
1915, § 15199; and CL 1929, § 16715.

CHAPTER XXXII
ESCAPES, RESCUES, JAIL AND PRISON BREAKING
750.183 Facilitating escape of or assisting prisoners; penalty.
Sec. 183. Any person who conveys into any jail, prison, or other like place of confinement, any disguise or
any instrument, tool, weapon, or other thing, adapted or useful to aid any prisoner in making his or her escape,
with intent to facilitate the escape of any prisoner there lawfully committed or detained, or shall by any means
whatever, aid or assist any prisoner in his or her endeavor to escape therefrom, whether such escape be
effected or attempted, or not, and every person who shall forcibly rescue any prisoner, held in custody upon
any conviction or charge of an offense, is guilty of a felony punishable by imprisonment in the state prison
not more than 7 years; or, if the person whose escape or rescue was effected or intended, was charged with an
offense not capital, nor punishable by imprisonment in the state prison, then the offense mentioned in this
section shall be a misdemeanor and shall be punishable by imprisonment for not more than 1 year or a fine of
not more than $1,000.00.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.183;Am. 2002, Act 672, Eff. Mar. 31, 2003.
Former law: See section 11 of Ch. 156 of R.S. 1846, being CL 1857, § 5830; CL 1871, § 7663; How., § 9245; CL 1897, § 11315;
CL 1915, § 14982; and CL 1929, § 16573.

750.197c Breaking or escaping jail, health care facility, or other place of confinement;
violation as felony; penalty; definitions.
Sec. 197c. (1) A person lawfully imprisoned in a jail, other place of confinement established by law for
any term, or lawfully imprisoned for any purpose at any other place, including, but not limited to, hospitals
and other health care facilities or awaiting examination, trial, arraignment, sentence, or after sentence
awaiting or during transfer to or from a prison, for a crime or offense, or charged with a crime or offense who,
without being discharged from the place of confinement, or other lawful imprisonment by due process of law,
through the use of violence, threats of violence or dangerous weapons, assaults an employee of the place of
confinement or other custodian knowing the person to be an employee or custodian or breaks the place of
confinement and escapes, or breaks the place of confinement although an escape is not actually made, is
guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00,
or both.
(2) As used in this section:
(a) "Place of confinement" includes a correctional facility operated by the department of corrections, a
local unit of government, or a private vendor under section 20i of 1953 PA 232, MCL 791.220i.
(b) "Employee" includes persons who are employed by the place of confinement as independent
contractors.
History: Add. 1967, Act 59, Eff. Nov. 2, 1967;Am. 1976, Act 188, Eff. Jan. 1, 1977;Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999;
Am. 2006, Act 535, Imd. Eff. Dec. 29, 2006.

CHAPTER XXXIII
EXPLOSIVES AND BOMBS, AND HARMFUL DEVICES
750.200 Explosives; common carriers for passengers; transportation.
Sec. 200. (1) A person shall not transport, carry, or convey dynamite, gunpowder, or any other explosive
between any places within this state on any vessel, car, or vehicle of any description that is operated by a
common carrier and that is carrying passengers for hire. A person who violates this section is guilty of a
felony punishable by imprisonment for not more than 5 years or a fine of not more than $3,000.00, or both.
(2) This section does not prohibit the transportation of any of the following:
(a) Small arms ammunition in any quantity.
(b) Fuses, torpedoes, rockets, or other signal devices essential to promote safety in operation.
(c) Properly packed and marked samples for laboratory examination that do not exceed a net weight of 1/2
pound each and that do not exceed 20 samples at 1 time in a single vessel, car, or vehicle if the samples are
not carried in that part of a vessel, car, or vehicle that is intended for transporting passengers for hire.
(3) This section does not prohibit the transportation of military or naval forces with their accompanying
munitions of war on passenger equipment vessels, cars, or vehicles.
(4) This section does not apply to the transportation of benzine, naphtha, gasoline, or kerosene.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.200;Am. 1998, Act 206, Eff. Oct. 1, 1998.
Former law: See section 1 of Act 182 of 1909, being CL 1915, § 15251; and CL 1929, § 16795.

CHAPTER XXXVII
FIREARMS
750.222 Definitions.
Sec. 222. As used in this chapter:
(a) “Alcoholic liquor” means that term as defined in section 105 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1105.
(b) “Barrel length” means the internal length of a firearm as measured from the face of the closed breech of
the firearm when it is unloaded, to the forward face of the end of the barrel.
(c) “Controlled substance” means a controlled substance or controlled substance analogue as those terms
are defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(d) “Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by
gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively
for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber.
(e) “Pistol” means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded
firearm that by its construction and appearance conceals itself as a firearm.
(f) “Purchaser” means a person who receives a pistol from another person by purchase, gift, or loan.
(g) “Seller” means a person who sells, furnishes, loans, or gives a pistol to another person.
(h) “Shotgun” means a firearm designed or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a single projectile for each single function
of the trigger.
(i) “Short-barreled shotgun” means a shotgun having 1 or more barrels less than 18 inches in length or a
weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified
has an overall length of less than 26 inches.
(j) “Rifle” means a firearm designed or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(k) “Short-barreled rifle” means a rifle having 1 or more barrels less than 16 inches in length or a weapon
made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall
length of less than 26 inches.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.222;Am. 1964, Act 215, Eff. Aug. 28, 1964;Am. 1978, Act 564,
Imd. Eff. Dec. 29, 1978;Am. 1992, Act 217, Imd. Eff. Oct. 13, 1992;Am. 2001, Act 135, Eff. Feb. 1, 2002.

750.222a “Double-edged, nonfolding stabbing instrument” defined.
Sec. 222a. (1) As used in this chapter, “doubled-edged, nonfolding stabbing instrument” does not include a
knife, tool, implement, arrowhead, or artifact manufactured from stone by means of conchoidal fracturing.
(2) Subsection (1) does not apply to an item being transported in a vehicle, unless the item is in a container
and inaccessible to the driver.
History: Add. 2000, Act 343, Imd. Eff. Dec. 27, 2000.
750.223 Selling firearms and ammunition; violations; penalties; “licensed dealer” defined.
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.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.223;Am. 1969, Act 210, Eff. Mar. 20, 1970;Am. 1990, Act 321,
Eff. Mar. 28, 1991;Am. 1992, Act 217, Imd. Eff. Oct. 13, 1992;Am. 1992, Act 221, Eff. Mar. 31, 1993.

750.224 Weapons; manufacture, sale, or possession as felony; violation as felony; penalty;
exceptions; "muffler" or "silencer" defined.
Sec. 224. (1) A person shall not manufacture, sell, offer for sale, or possess any of the following:
(a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without
manual reloading, by a single function of the trigger.
(b) A muffler or silencer.
(c) A bomb or bombshell.
(d) A blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, or bludgeon.
(e) A device, weapon, cartridge, container, or contrivance designed to render a person temporarily or
permanently disabled by the ejection, release, or emission of a gas or other substance.
(2) A person who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more
than 5 years, or a fine of not more than $2,500.00, or both.
(3) Subsection (1) does not apply to any of the following:
(a) A self-defense spray or foam device as defined in section 224d.
(b) A person manufacturing firearms, explosives, or munitions of war by virtue of a contract with a
department of the government of the United States.
(c) A person licensed by the secretary of the treasury of the United States or the secretary's delegate to
manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance
(b) "Local corrections officer" means that term as defined in section 2 of the local corrections officers
training act, 2003 PA 125, MCL 791.532.
(c) "Peace officer" means any of the following:
(i) A police officer or public safety officer of this state or a political subdivision of this state, including
motor carrier officers appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel
employed by the state under section 6c of 1935 PA 59, MCL 28.6c.
(ii) A sheriff or a sheriff's deputy.
(iii) A police officer or public safety officer of a junior college, college, or university who is authorized by
the governing board of that junior college, college, or university to enforce state law and the rules and
ordinances of that junior college, college, or university.
(iv) A township constable.
(v) A marshal of a city, village, or township.
(vi) A conservation officer of the department of natural resources or the department of environmental
quality.
(vii) A law enforcement officer of another state or of a political subdivision of another state or a junior
college, college, or university in another state, substantially corresponding to a law enforcement officer
described in subparagraphs (i) to (vi).
(viii) A federal law enforcement officer.
History: Add. 1976, Act 106, Eff. July 1, 1976;Am. 2002, Act 709, Imd. Eff. Dec. 30, 2002;Am. 2004, Act 338, Imd. Eff. Sept.
23, 2004;Am. 2006, Act 457, Imd. Eff. Dec. 20, 2006.
750.224b Short-barreled shotgun or rifle; manufacture, sale, or possession as felony;
penalty; exceptions; applicability to collector's item.
Sec. 224b. (1) A person shall not manufacture, sell, offer for sale, or possess a short-barreled shotgun or a
short-barreled rifle.
(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5
years or a fine of not more than $2,500.00, or both.
(3) This section does not apply to the sale, offering for sale, or possession of a short-barreled rifle or a
short-barreled shotgun which the secretary of the treasury of the United States of America, or his or her
delegate, under 26 USC, sections 5801 through 5872, or 18 USC, sections 921 through 928, has found to be a
curio, relic, antique, museum piece, or collector's item not likely to be used as a weapon, but only if the
person selling, offering for sale or possessing the firearm has also fully complied with section 2 or 2a of 1927
PA 372, MCL 28.422 and 28.422a.
Section 20 of chapter 16 of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to this
subsection.
History: Add. 1978, Act 564, Imd. Eff. Dec. 29, 1978;Am. 2008, Act 196, Eff. Jan. 7, 2009.
750.224c Armor piercing ammunition; manufacture, distribution, sale, or use prohibited;
exceptions; violation as felony; penalty; definitions; exemption of projectile or projectile
core; rule.
Sec. 224c. (1) Except as provided in subsection (2), a person shall not manufacture, distribute, sell, or use
armor piercing ammunition in this state. A person who willfully violates this section is guilty of a felony,
punishable by imprisonment for not more than 4 years, or by a fine of not more than $2,000.00, or both.
(2) This section does not apply to either of the following:
(a) A person who manufactures, distributes, sells, or uses armor piercing ammunition in this state, if that
manufacture, distribution, sale, or use is not in violation of chapter 44 of title 18 of the United States Code.
(b) A licensed dealer who sells or distributes armor piercing ammunition in violation of this section if the
licensed dealer is subject to license revocation under chapter 44 of title 18 of the United States Code for that
sale or distribution.
(3) As used in this section:
(a) “Armor piercing ammunition” means a projectile or projectile core which may be used in a pistol and
which is constructed entirely, excluding the presence of traces of other substances, of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or a combination of tungsten alloys, steel, iron, brass, bronze, or
beryllium copper. Armor piercing ammunition does not include any of the following:
(i) Shotgun shot that is required by federal law or by a law of this state to be used for hunting purposes.
(ii) A frangible projectile designed for target shooting.
(iii) A projectile that the director of the department of state police finds is primarily intended to be used for
sporting purposes.
(iv) A projectile or projectile core that the director of the department of state police finds is intended to be
used for industrial purposes.
(b) “Licensed dealer” means a person licensed under chapter 44 of title 18 of the United States Code to
deal in firearms or ammunition.
(4) The director of the department of state police shall exempt a projectile or projectile core under
subsection (3)(a)(iii) or (iv) if that projectile or projectile core is exempted under chapter 44 of title 18 of the
United States Code. The director of state police shall exempt a projectile or projectile core under subsection
(3)(a)(iii) or (iv) only by a rule promulgated in compliance with the administrative procedures act of 1969,
Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History: Add. 1990, Act 318, Eff. Mar. 28, 1991.

750.224d Self-defense spray or foam device.
Sec. 224d. (1) As used in this section and section 224, "self-defense spray or foam device" means a device
to which all of the following apply:
(a) The device is capable of carrying, and ejects, releases, or emits 1 of the following:
(i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients.
(ii) A solution containing not more than 10% oleoresin capsicum.
(b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently
disable, incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than
the substance described in subdivision (a)(i) or (ii).
(2) Except as otherwise provided in this section, a person who uses a self-defense spray or foam device to
eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a
misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or
both.
(3) If a person uses a self-defense spray or foam device during the commission of a crime to eject, release,
or emit orthochlorobenzalmalononitrile or oleoresin capsicum or threatens to use a self-defense spray or foam
device during the commission of a crime to temporarily or permanently disable another person, the judge who
imposes sentence upon a conviction for that crime shall consider the defendant's use or threatened use of the
self-defense spray or foam device as a reason for enhancing the sentence.
(4) A person shall not sell a self-defense spray or foam device to a minor. A person who violates this
subsection 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.
(5) Subsection (2) does not prohibit either of the following:
(a) The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin
capsicum by a person who is employed by a county sheriff or a chief of police and who is authorized in
writing by the county sheriff or chief of police to carry and use a self-defense spray or foam device and has
been trained in the use, effects, and risks of the device, while in performance of his or her official duties.
(b) The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin
capsicum by a person in the protection of a person or property under circumstances that would justify the
person's use of physical force.
History: Add. 1980, Act 346, Eff. Mar. 31, 1981;Am. 1991, Act 33, Imd. Eff. June 10, 1991;Am. 1992, Act 4, Imd. Eff. Feb. 21,
1992;Am. 2006, Act 401, Eff. Dec. 28, 2006;Am. 2010, Act 365, Imd. Eff. Dec. 22, 2010.

750.224e Conversion of semiautomatic firearm to fully automatic firearm; prohibited acts;
penalty; applicability; “fully automatic firearm”, “licensed collector”, and “semiautomatic
firearm” defined.
Sec. 224e. (1) A person shall not knowingly do any of the following:
(a) Manufacture, sell, distribute, or possess or attempt to manufacture, sell, distribute, or possess a device
that is designed or intended to be used to convert a semiautomatic firearm into a fully automatic firearm.
(b) Demonstrate to another person or attempt to demonstrate to another person how to manufacture or
install a device to convert a semiautomatic firearm into a fully automatic firearm.
(2) A person who violates subsection (1) 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.
(3) This section does not apply to any of the following:
(a) A police agency of this state, or of a local unit of government of this state, or of the United States.
(b) An employee of an agency described in subdivision (a), if the manufacture, sale, distribution, or
possession or attempted manufacture, sale, distribution, or possession or demonstration or attempted
demonstration is in the course of his or her official duties as an employee of that agency.
(c) The armed forces.
(d) A member or employee of the armed forces, if the manufacture, sale, distribution, or possession or
attempted manufacture, sale, distribution, or possession or demonstration or attempted demonstration is in the
course of his or her official duties as a member or employee of the armed forces.
(e) A licensed collector who possesses a device that is designed or intended to be used to convert a
semiautomatic firearm into a fully automatic firearm that was lawfully owned by that licensed collector before
the effective date of the amendatory act that added this section. This subdivision does not permit a licensed
collector who lawfully owned a device that is designed or intended to be used to convert a semiautomatic
firearm into a fully automatic firearm before the effective date of the amendatory act that added this section to
sell or distribute or attempt to sell or distribute that device to another person after the effective date of the
amendatory act that added this section.
(4) As used in this section:
(a) “Fully automatic firearm” means a firearm employing gas pressure or force of recoil to mechanically
eject an empty cartridge from the firearm after a shot, and to load the next cartridge from the magazine,
without renewed pressure on the trigger for each successive shot.
(b) “Licensed collector” means a person who is licensed under chapter 44 of title 18 of the United States
code to acquire, hold, or dispose of firearms as curios or relics.
(c) “Semiautomatic firearm” means a firearm employing gas pressure or force of recoil to mechanically
eject an empty cartridge from the firearm after a shot, and to load the next cartridge from the magazine, but
requiring renewed pressure on the trigger for each successive shot.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991.

750.224f Possession of firearm by person convicted of felony; circumstances; penalty;
applicability of section to expunged or set aside conviction; “felony” and “specified
felony” defined.
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 section 4 of Act No. 372 of the Public Acts of 1927, being section 28.424 of the
Michigan Compiled Laws.
(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.
(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.
(5) As used in this section, “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.
(6) As used in subsection (2), “specified felony” means a felony in which 1 or more of the following
circumstances exist:
(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.
(ii) An element of that felony is the unlawful manufacture, possession, importation, exportation,
distribution, or dispensing of a controlled substance.
(iii) An element of that felony is the unlawful possession or distribution of a firearm.
(iv) An element of that felony is the unlawful use of an explosive.
(v) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or
arson.
History: Add. 1992, Act 217, Imd. Eff. Oct. 13, 1992.

750.226 Firearm or dangerous weapon; carrying with unlawful intent.
Sec. 226. Carrying firearm or dangerous weapon with unlawful intent—Any person who, with intent to use
the same unlawfully against the person of another, goes armed with a pistol or other firearm or dagger, dirk,
razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or
instrument, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5
years or by a fine of not more than 2,500 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.226.
Former law: See section 4 of Act 372 of 1927, being CL 1929, § 16752.
750.226a Pocket knife opened by mechanical device; unlawful sale or possession; persons
exempted.
Sec. 226a. Any person who shall sell or offer to sell, or any person who shall have in his possession any
knife having the appearance of a pocket knife, the blade or blades of which can be opened by the flick of a
button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by
imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.
The provisions of this section shall not apply to any one-armed person carrying a knife on his person in
connection with his living requirements.
History: Add. 1952, Act 233, Eff. Sept. 18, 1952.

750.227 Concealed weapons; carrying; penalty.
Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing
instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such,
concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or
occupied by the person, except in his or her dwelling house, place of business or on other land possessed by
the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or
otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of
business, or on other land possessed by the person, without a license to carry the pistol as provided by law and
if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than
5 years, or by a fine of not more than $2,500.00.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.227;Am. 1973, Act 206, Eff. Mar. 29, 1974;Am. 1986, Act 8, Eff.
July 1, 1986.
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's
ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix
punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).
Former law: See section 5 of Act 372 of 1927, being CL 1929, § 16753.

750.227a Pistols; unlawful possession by licensee.
Sec. 227a. Any person licensed in accordance with law to carry a pistol because he is engaged in the
business of protecting the person or property of another, except peace officers of the United States, the state
or any subdivision of the state railroad policemen appointed and commissioned under the provisions of Act
No. 114 of the Public Acts of 1941, being sections 470.51 to 470.61 of the Compiled Laws of 1948 or those in
the military service of the United States, who shall have a pistol in his possession while not actually engaged
in the business of protecting the person or property of another, except in his dwelling house or on other land
possessed by him, is guilty of a felony. This section shall not be construed to prohibit such person from
carrying an unloaded pistol to or from his place of employment by the most direct route.
History: Add. 1966, Act 100, Eff. Mar. 10, 1967;Am. 1967, Act 49, Eff. Nov. 2, 1967.

750.227b Carrying or possessing firearm when committing or attempting to commit felony;
“law enforcement officer” defined.
Sec. 227b. (1) A person who carries or has in his or her possession a firearm when he or she commits or
attempts to commit a felony, except a violation of section 223, section 227, 227a or 230, is guilty of a felony,
and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be
imprisoned for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be
imprisoned for 10 years.
(2) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the
conviction of the felony or the attempt to commit the felony, and shall be served consecutively with and
preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.
(3) A term of imprisonment imposed under this section shall not be suspended. The person subject to the
sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed
pursuant to subsection (1).
(4) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in
the official performance of his or her duties, and who is in the performance of those duties. As used in this
subsection, “law enforcement officer” means a person who is regularly employed as a member of a duly
authorized police agency or other organization of the United States, this state, or a city, county, township, or
village of this state, and who is responsible for the prevention and detection of crime and the enforcement of
the general criminal laws of this state.
History: Add. 1976, Act 6, Eff. Jan. 1, 1977;Am. 1990, Act 321, Eff. Mar. 28, 1991.
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's
ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix
punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).

750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as
misdemeanor; penalty; applicability to person violating MCL 312.10(1)(g).
Sec. 227c. (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a
sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a
firearm, other than a pistol, which is loaded.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not
more than 2 years, or a fine of not more than $2,500.00, or both.
(3) This section does not apply to a person who violates section 10(1)(g) of chapter II of Act No. 286 of the
Public Acts of 1929, as amended, being section 312.10 of the Michigan Compiled Laws.
History: Add. 1981, Act 103, Eff. Mar. 31, 1982.

750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled
vehicle designed for land travel; conditions; violation as misdemeanor; penalty.
Sec. 227d. (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a
motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the
firearm is unloaded and is 1 or more of the following:
(a) Taken down.
(b) Enclosed in a case.
(c) Carried in the trunk of the vehicle.
(d) Inaccessible from the interior of the vehicle.
(2) A person who violates this section 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.
History: Add. 1981, Act 103, Eff. Mar. 31, 1982.

750.227f Committing or attempting to commit crime involving violent act or threat of violent
act against another person while wearing body armor as felony; penalty; consecutive term
of imprisonment; exception; definitions.
Sec. 227f. (1) Except as provided in subsection (2), an individual who commits or attempts to commit a
crime that involves a violent act or a threat of a violent act against another person while wearing body armor
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. A term of imprisonment imposed for violating this section may be served consecutively to
any term of imprisonment imposed for the crime committed or attempted.
(2) Subsection (1) does not apply to either of the following:
(a) A peace officer of this state or another state, or of a local unit of government of this state or another
state, or of the United States, performing his or her duties as a peace officer while on or off a scheduled work
shift as a peace officer.
(b) A security officer performing his or her duties as a security officer while on a scheduled work shift as a
security officer.
(3) As used in this section:
(a) “Body armor” means clothing or a device designed or intended to protect an individual's body or a
portion of an individual's body from injury caused by a firearm.
(b) “Security officer” means an individual lawfully employed to physically protect another individual or to
physically protect the property of another person.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 1996, Act 163, Imd. Eff. Apr.
11, 1996;Am. 2000, Act 226, Eff. Oct. 1, 2000.

750.227g Body armor; purchase, ownership, possession, or use by convicted felon;
prohibition; issuance of written permission; violation as felony; definitions.
Sec. 227g. (1) Except as otherwise provided in this section, a person who has been convicted of a violent
felony shall not purchase, own, possess, or use body armor.
(2) A person who has been convicted of a violent felony whose employment, livelihood, or safety is
dependent on his or her ability to purchase, own, possess, or use body armor may petition the chief of police
of the local unit of government in which he or she resides or, if he or she does not reside in a local unit of
government that has a police department, the county sheriff, for written permission to purchase, own, possess,
or use body armor under this section.
(3) The chief of police of a local unit of government or the county sheriff may grant a person who properly
petitions that chief of police or county sheriff under subsection (2) written permission to purchase, own,
possess, or use body armor as provided in this section if the chief of police or county sheriff determines that
both of the following circumstances exist:
(a) The petitioner is likely to use body armor in a safe and lawful manner.
(b) The petitioner has reasonable need for the protection provided by body armor.
(4) In making the determination required under subsection (3), the chief of police or county sheriff shall
consider all of the following:
(a) The petitioner's continued employment.
(b) The interests of justice.
(c) Other circumstances justifying issuance of written permission to purchase, own, possess, or use body
armor.
(5) The chief of police or county sheriff may restrict written permission issued to a petitioner under this
section in any manner determined appropriate by that chief of police or county sheriff. If permission is
restricted, the chief of police or county sheriff shall state the restrictions in the permission document.
(6) It is the intent of the legislature that chiefs of police and county sheriffs exercise broad discretion in
determining whether to issue written permission to purchase, own, possess, or use body armor under this
section. However, nothing in this section requires a chief of police or county sheriff to issue written
permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use
body armor under this section does not relieve any person or entity from criminal liability that might
otherwise be imposed.
(7) A person who receives written permission from a chief of police or county sheriff to purchase, own,
possess, or use body armor shall have that written permission in his or her possession when he or she is
purchasing, owning, possessing, or using body armor.
(8) A law enforcement agency may issue body armor to a person who is in custody or who is a witness to a
crime for his or her own protection without a petition being previously filed under subsection (2). If the law
enforcement agency issues body armor to the person under this subsection, the law enforcement agency shall
document the reasons for issuing body armor and retain a copy of that document as an official record. The law
enforcement agency shall also issue written permission to the person to possess and use body armor under this
section.
(9) A person who violates this section is guilty of a crime as follows:
(a) For a violation of subsection (1), 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.
(b) For a violation of subsection (7), the person is guilty of a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than $100.00, or both.
(10) As used in this section:
(a) “Body armor” means that term as defined in section 227f.
(b) “Violent felony” means that term as defined in section 36 of 1953 PA 232, MCL 791.236.
History: Add. 2000, Act 224, Eff. Oct. 1, 2000.

750.229 Pistols accepted in pawn, by second-hand dealer or junk dealer.
Sec. 229. Any pawnbroker who shall accept a pistol in pawn, or any second-hand or junk dealer, as defined
in Act No. 350 of the Public Acts of 1917, who shall accept a pistol and offer or display the same for resale,
shall be guilty of a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931;Am. 1945, Act 236, Eff. Sept. 6, 1945;CL 1948, 750.229.
Compiler's note: For provisions of Act 350 of 1917, referred to in this section, see MCL 445.401 et seq.
Former law: See section 10 of Act 372 of 1927, being CL 1929, § 16759.

750.230 Firearms; altering, removing, or obliterating marks of identity; presumption.
Sec. 230. A person who shall wilfully alter, remove, or obliterate the name of the maker, model,
manufacturer's number, or other mark of identity of a pistol or other firearm, shall be guilty of a felony,
punishable by imprisonment for not more than 2 years or fine of not more than $1,000.00. Possession of a
firearm upon which the number shall have been altered, removed, or obliterated, other than an antique firearm
as defined by section 231a(2)(a) or (b), shall be presumptive evidence that the possessor has altered, removed,
or obliterated the same.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.230;Am. 1976, Act 32, Imd. Eff. Mar. 5, 1976.
Constitutionality: The statutory presumption contained in this section is unconstitutional. People v Moore, 402 Mich 538; 266
NW2d 145 (1978).
Former law: See section 11 of Act 372 of 1927, being CL 1929, § 16760.
750.231 MCL 750.224, 750.224a, 750.224b, 750.224d, 750.226a, 750.227, 750.227c, and
750.227d inapplicable to certain persons and organizations.
Sec. 231. (1) Except as provided in subsection (2), sections 224, 224a, 224b, 224d, 226a, 227, 227c, and
227d do not apply to any of the following:
(a) A peace officer of an authorized police agency of the United States, of this state, or of a political
subdivision of this state, who is regularly employed and paid by the United States, this state, or a political
subdivision of this state.
(b) A person who is regularly employed by the state department of corrections and who is authorized in
writing by the director of the department of corrections to carry a concealed weapon while in the official
performance of his or her duties or while going to or returning from those duties.
(c) A person employed by a private vendor that operates a youth correctional facility authorized under
section 20g of 1953 PA 232, MCL 791.220g, who meets the same criteria established by the director of the
state department of corrections for departmental employees described in subdivision (b) and who is
authorized in writing by the director of the department of corrections to carry a concealed weapon while in the
official performance of his or her duties or while going to or returning from those duties.
(d) A member of the United States army, air force, navy, or marine corps or the United States coast guard
while carrying weapons in the line of or incidental to duty.
(e) An organization authorized by law to purchase or receive weapons from the United States or from this
state.
(f) A member of the national guard, armed forces reserve, the United States coast guard reserve, or any
other authorized military organization while on duty or drill, or in going to or returning from a place of
assembly or practice, while carrying weapons used for a purpose of the national guard, armed forces reserve,
United States coast guard reserve, or other duly authorized military organization.
(g) A security employee employed by the state and granted limited arrest powers under section 6c of 1935
PA 59, MCL 28.6c.
(h) A motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d.
(2) As applied to section 224a(1) only, subsection (1) is not applicable to an individual included under
subsection (1)(a), (b), or (c) unless he or she has been trained on the use, effects, and risks of using a portable
device or weapon described in section 224a(1).
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.231;Am. 1958, Act 107, Eff. Sept. 13, 1958;Am. 1964, Act 215,
Eff. Aug. 28, 1964;Am. 1981, Act 103, Eff. Mar. 31, 1982;Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999;Am. 2002, Act 536, Imd.
Eff. July 26, 2002;Am. 2006, Act 401, Eff. Dec. 28, 2006.

750.231a Exceptions to MCL 750.227(2); definitions.
Sec. 231a. (1) Subsection (2) of section 227 does not apply to any of the following:
(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or
her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the
license.
(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person
licensed to manufacture firearms.
(c) To a person carrying an antique firearm as defined in subsection (2), completely unloaded in a closed
case or container designed for the storage of firearms in the trunk of a vehicle.
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of
the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a
closed case designed for the storage of firearms in the trunk of the vehicle.
(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of
the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a
closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily
accessible to the occupants of the vehicle.
(2) As used in this section:
(a) "Antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed
ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar
type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b) "Lawful purpose" includes the following:
(i) While en route to or from a hunting or target shooting area.
(ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.
(iii) While moving goods from 1 place of abode or business to another place of abode or business.
(iv) While transporting a licensed pistol en route to or from a law enforcement agency or for the purpose of
having a law enforcement official take possession of the weapon.
(v) While en route to or from his or her abode or place of business and a gun show or places of purchase or
sale.
(vi) While en route to or from his or her abode to a public shooting facility or public land where discharge
of firearms is permitted by law, rule, regulation, or local ordinance.
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used
as is permitted by law, rule, regulation, or local ordinance.
History: Add. 1964, Act 215, Eff. Aug. 28, 1964;Am. 1973, Act 191, Eff. Mar. 29, 1974;Am. 1974, Act 55, Imd. Eff. Apr. 1,
1974;Am. 1978, Act 280, Imd. Eff. July 6, 1978;Am. 2002, Act 82, Imd. Eff. Mar. 26, 2002;Am. 2008, Act 196, Eff. Jan. 7, 2009.

750.231b Sale and safety inspection; persons exempt.
Sec. 231b. Sections 223 and 228 do not apply to a duly authorized police or correctional agency of the
United States or of the state or any subdivision thereof, nor to the army, air force, navy or marine corps of the
United States, nor to organizations authorized by law to purchase or receive weapons from the United States
or from this state, nor to the national guard, armed forces reserves or other duly authorized military
organizations, nor to a member of such agencies or organizations for weapons used by him for the purposes of
such agencies or organizations, nor to a person holding a license to carry a pistol concealed upon his person
issued by another state, nor to the regular and ordinary transportation of pistols as merchandise by an
authorized agent of a person licensed to manufacture firearms.
History: Add. 1964, Act 215, Eff. Aug. 28, 1964.

750.231c “Aircraft,” “approved signaling device,” and “vessel” defined; sections
inapplicable to approved signaling device; sale, purchase, possession, or use of approved
signaling device; violation as misdemeanor; penalties.
Sec. 231c. (1) As used in this section:
(a) “Aircraft” means aircraft as defined in section 43.
(b) “Approved signaling device” means a pistol which is a signaling device approved by the United States
coast guard pursuant to regulations issued under former section 4488 of the Revised Statutes of the United
States, 46 U.S.C. Appx. 481, or under former section 5 of the federal boat safety act of 1971, Public Law
92-75, 46 U.S.C. 1454.
(c) “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of
being used as a means of transportation on water.
(2) Sections 223, 227, 228, 232, 232a, and 237 shall not apply to an approved signaling device.
(3) A person shall not sell an approved signaling device to a person, nor shall a person purchase an
approved signaling device, unless the purchaser is 18 years of age or older and either of the following apply:
(a) The purchaser possesses and displays to the seller any of the following:
(i) A valid and current certificate of number issued pursuant to section 80124 of part 801 (marine safety) of
the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section
324.80124 of the Michigan Compiled Laws, for a vessel.
(ii) If a vessel is considered in compliance with the numbering requirements of this state pursuant to
section 80122 of part 801 of Act No. 451 of the Public Acts of 1994, being section 324.80122 of the Michigan
Compiled Laws, proof of ownership or proof of the vessel's being numbered in another state.
(iii) If a vessel is not required to be numbered or to display a decal under part 801 of Act No. 451 of the
Public Acts of 1994, being sections 324.80101 to 324.80199 of the Michigan Compiled Laws, proof of
ownership of the vessel.
(b) The purchaser is the holder of and displays to the seller a valid and effective airman's certificate of
competency issued by the United States or a foreign government.
(4) A person may possess an approved signaling device only under the following circumstances:
(a) The possession occurs in the process of manufacturing, marketing, or sale of the device, including the
transportation of the device as merchandise, and the device is unloaded.
(b) The device is on a vessel or on an aircraft.
(c) The device is at a person's residence.
(d) The person is en route from the place of purchase to the person's residence or the person's vessel or
aircraft or between the person's residence and the person's vessel or aircraft.
(e) The device is in a vehicle other than a vessel or aircraft and all of the following apply:
(i) The device is unloaded.
(ii) The device is enclosed in a case and either is carried in the trunk of the vehicle which has a trunk or is
otherwise not readily accessible to the occupants of the vehicle.
(iii) Subdivision (d) applies.
(5) A person shall not use an approved signaling device unless he or she reasonably believes that its use is
necessary for the safety of the person or of another person on the waters of this state or in an aircraft
emergency situation.
(6) A person who sells, purchases, or possesses an approved signaling device in violation of this section is
guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than
$200.00, or both.
(7) A person who uses an approved signaling device in violation of this section is guilty of a misdemeanor,
punishable by a fine of not more than $200.00.
History: Add. 1982, Act 185, Eff. July 1, 1982;Am. 1996, Act 80, Imd. Eff. Feb. 27, 1996.

750.232 Purchasers of firearms; registration.
Sec. 232. Registration of purchasers of pistols, etc.—Any person engaged in any way or to any extent in
the business of selling at retail, guns, pistols, other fire-arms or silencers for fire-arms who shall fail or neglect
to keep a register in which shall be entered the name, age, occupation and residence (if residing in the city
with the street number of such residence) of each and every purchaser of such guns, pistols, other fire-arms or
silencers for fire-arms together with the number or other mark of identification, if any, on such gun, pistol,
other fire-arms or silencer for fire-arms, which said register shall be open to the inspection of all peace
officers at all times, shall be guilty of a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.232.
Former law: See sections 1 and 2 of Act 250 of 1913, being CL 1915, §§ 15247 and 15248; and CL 1929, §§ 16768 and 16769.

750.232a Obtaining pistol in violation of MCL 28.422; intentionally making material false
statement on application for license to purchase pistol; using or attempting to use false
identification or identification of another person to purchase firearm; penalties.
Sec. 232a. (1) Except as provided in subsection (2), a person who obtains a pistol in violation of 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) Subsection (1) does not apply to a person who obtained a pistol in violation of section 2 of Act No. 372
of the Public Acts of 1927 before the effective date of the 1990 amendatory act that added this subsection,
who has not been convicted of that violation, and who obtains a license as required under section 2 of Act No.
372 of the Public Acts of 1927 within 90 days after the effective date of the 1990 amendatory act that added
this subsection.
(3) A person who intentionally makes a material false statement on an application for a license to purchase
a pistol under section 2 of Act No. 372 of the Public Acts of 1927, as amended, 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.
(4) A person who uses or attempts to use false identification or the identification of another person to
purchase a firearm 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.
History: Add. 1943, Act 54, Eff. July 30, 1943;CL 1948, 750.232a;Am. 1990, Act 321, Eff. Mar. 28, 1991.
Compiler's note: For provisions of section 2, referred to in this section, see MCL 28.422.

750.233 Pointing or aiming firearm at another person; misdemeanor; penalty; exception;
"peace officer defined."
Sec. 233. (1) A person who intentionally but without malice points or aims a firearm at or toward another
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.
(2) This section does not apply to a peace officer of this state or another state, or of a local unit of
government of this state or another state, or of the United States, performing his or her duties as a peace
officer. As used in this section, "peace officer" means that term as defined in section 215.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.233;Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005.
Former law: See section 1 of Act 68 of 1869, being CL 1871, § 7548; How., § 9110; CL 1897, § 11509; CL 1915, § 15232; and CL
1929, § 16776.

750.234 Firearm; discharge; intentionally aimed without malice; misdemeanor; penalty;
exception; "peace officer" defined.
Sec. 234. (1) A person who discharges a firearm while it is intentionally but without malice aimed at or
toward another person, without injuring another person, is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than $500.00, or both.
(2) This section does not apply to a peace officer of this state or another state, or of a local unit of
government of this state or another state, or of the United States, performing his or her duties as a peace
officer. As used in this section, "peace officer" means that term as defined in section 215.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.234;Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005.
Former law: See section 2 of Act 68 of 1869, being CL 1871, § 7548; How., § 9111; CL 1897, § 11510; CL 1915, § 15233; and CL
1929, § 16777.

750.234a Intentionally discharging firearm from motor vehicle, snowmobile, or off-road
vehicle in manner that endangers safety of another individual as felony; penalty;
exception; "peace officer" defined; self-defense.
Sec. 234a. (1) Except as provided in subsection (2) or (3), an individual who intentionally discharges a
firearm from a motor vehicle, a snowmobile, or an off-road vehicle in such a manner as to endanger the safety
of another individual 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.
(2) Subsection (1) does not apply to a peace officer of this state or another state, or of a local unit of
government of this state or another state, or of the United States, performing his or her duties as a peace
officer while on or off a scheduled work shift as a peace officer. As used in this subsection, "peace officer"
means that term as defined in section 215.
(3) Subsection (1) does not apply to an individual who discharges a firearm in self-defense or the defense
of another individual.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 1996, Act 163, Imd. Eff. Apr.
11, 1996;Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005.

750.234b Intentionally discharging firearm at dwelling or occupied structure as felony;
penalty; exceptions; definitions.
Sec. 234b. (1) Except as provided in subsection (3) or (4), an individual who intentionally discharges a
firearm at a facility that he or she knows or has reason to believe is a dwelling or an occupied structure 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.
(2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to
believe is an occupied structure in reckless disregard for the safety of any individual 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.
(3) Subsections (1) and (2) do not apply to a peace officer of this state or another state, or of a local unit of
government of this state or another state, or of the United States, performing his or her duties as a peace
officer.
(4) Subsections (1) and (2) do not apply to an individual who discharges a firearm in self-defense or the
defense of another individual.
(5) As used in this section:
(a) "Dwelling" means a facility habitually used by 1 or more individuals as a place of abode, whether or
not an individual is present in the facility.
(b) "Occupied structure" means a facility in which 1 or more individuals are present.
(c) "Peace officer" means that term as defined in section 215.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 2005, Act 303, Imd. Eff. Dec.
21, 2005.

750.234c Intentionally discharging firearm at emergency or law enforcement vehicle as
felony; penalty; “emergency or law enforcement vehicle” defined.
Sec. 234c. (1) An individual who intentionally discharges a firearm at a motor vehicle that he or she knows
or has reason to believe is an emergency or law enforcement vehicle 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.
(2) As used in this section, “emergency or law enforcement vehicle” means 1 or more of the following:
(a) A motor vehicle owned or operated by a fire department of a local unit of government of this state.
(b) A motor vehicle owned or operated by a police agency of the United States, of this state, or of a local
unit of government of this state.
(c) A motor vehicle owned or operated by the department of natural resources that is used for law
enforcement purposes.
(d) A motor vehicle owned or operated by an entity licensed to provide emergency medical services under
part 192 of article 17 of the public health code, Act No. 368 of the Public Acts of 1978, being sections
333.20901 to 333.20979 of the Michigan Compiled Laws, and that is used to provide emergency medical
assistance to individuals.
(e) A motor vehicle owned or operated by a volunteer employee or paid employee of an entity described in
subdivisions (a) to (c) while the motor vehicle is being used to perform emergency or law enforcement duties
for that entity.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991.

750.234d Possession of firearm on certain premises prohibited; applicability; violation as
misdemeanor; penalty.
Sec. 234d. (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of
any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the
Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.
(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the
possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that
possession is with the permission of the owner or an agent of the owner of that entity.
(3) A person who violates this section 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.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 1994, Act 158, Eff. Aug. 15,
1994.

750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty.
Sec. 234e. (1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in
public.
(2) Subsection (1) does not apply to any of the following:
(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully engaged in hunting.
(c) A person lawfully engaged in target practice.
(d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(3) A person who violates this section 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.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991.
750.234f Possession of firearm by person less than 18 years of age; exceptions; violation as
misdemeanor; penalty.
Sec. 234f. (1) Except as provided in subsection (2), an individual less than 18 years of age shall not possess
a firearm in public except under the direct supervision of an individual 18 years of age or older.
(2) Subsection (1) does not apply to an individual less than 18 years of age who possesses a firearm in
accordance with part 401 (wildlife conservation) of the natural resources and environmental protection act,
Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled
Laws, or part 435 (hunting and fishing licensing) of Act No. 451 of the Public Acts of 1994, being sections
324.43501 to 324.43561 of the Michigan Compiled Laws. However, an individual less than 18 years of age
may possess a firearm without a hunting license while at, or going to or from, a recognized target range or
trap or skeet shooting ground if, while going to or from the range or ground, the firearm is enclosed and
securely fastened in a case or locked in the trunk of a motor vehicle.
(3) An individual who violates this section 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.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 1996, Act 80, Imd. Eff. Feb.
27, 1996.

750.235 Maiming or injuring person by discharging firearm; intentionally aimed without
malice; exception; "peace officer" defined.
Sec. 235. (1) A person who maims or injures another person by discharging a firearm pointed or aimed
intentionally but without malice at another person is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $500.00, or both.
(2) This section does not apply to a peace officer of this state or another state, or of a local unit of
government of this state or another state, or of the United States, performing his or her duties as a peace
officer. As used in this section, "peace officer" means that term as defined in section 215.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.235;Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005.
Former law: See section 3 of Act 68 of 1869, being CL 1871, § 7549; How., § 9112; CL 1897, § 11511; CL 1915, § 15234; and CL
1929, § 16778.

750.235a Parent of minor guilty of misdemeanor; conditions; penalty; defense; definitions.
Sec. 235a. (1) The parent of a minor is guilty of a misdemeanor if all of the following apply:
(a) The parent has custody of the minor.
(b) The minor violates this chapter in a weapon free school zone.
(c) The parent knows that the minor would violate this chapter or the parent acts to further the violation.
(2) An individual convicted under subsection (1) may be punished by 1 or more of the following:
(a) A fine of not more than $2,000.00.
(b) Community service for not more than 100 hours.
(c) Probation.
(3) It is a complete defense to a prosecution under this section if the defendant promptly notifies the local
law enforcement agency or the school administration that the minor is violating or will violate this chapter in
a weapon free school zone.
(4) As used in this section:
(a) “Minor” means an individual less than 18 years of age.
(b) “School” means a public, private, denominational, or parochial school offering developmental
kindergarten, kindergarten, or any grade from 1 through 12.
(c) “School property” means a building, playing field, or property used for school purposes to impart
instruction to children or used for functions and events sponsored by a school, except a building used
primarily for adult education or college extension courses.
(d) “Weapon free school zone” means school property and a vehicle used by a school to transport students
to or from school property.
History: Add. 1994, Act 158, Eff. Aug. 15, 1994.
Compiler's note: Former MCL 750.235a, which made the reckless use of firearms a misdemeanor, was repealed by Act 45 of 1952,
Eff. Sept. 18, 1952.

750.236 Spring gun, trap or device; setting.
Sec. 236. Setting spring guns, etc.—Any person who shall set any spring or other gun, or any trap or
device operating by the firing or explosion of gunpowder or any other explosive, and shall leave or permit the
same to be left, except in the immediate presence of some competent person, shall be guilty of a
misdemeanor, punishable by imprisonment in the county jail not more than 1 year, or by a fine of not more
than 500 dollars, and the killing of any person by the firing of a gun or device so set shall be manslaughter.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.236.
Former law: See section 1 of Act 97 of 1875; being How., § 9114; CL 1897, § 11515; CL 1915, § 15250; and CL 1929, § 16782.

750.236a Computer-assisted shooting; prohibited acts; definitions.
Sec. 236a. (1) A person in this state shall not do any of the following:
(a) Engage in computer-assisted shooting.
(b) Provide or operate, with or without remuneration, facilities for computer-assisted shooting.
(c) Provide or offer to provide, with or without remuneration, equipment specially adapted for
computer-assisted shooting. This subdivision does not prohibit providing or offering to provide any of the
following:
(i) General-purpose equipment, including a computer, a camera, fencing, building materials, or a firearm.
(ii) General-purpose computer software, including an operating system and communications programs.
(iii) General telecommunications hardware or networking services for computers, including adapters,
modems, servers, routers, and other facilities associated with internet access.
(d) Provide or offer to provide, with or without remuneration, an animal for computer-assisted shooting.
(2) As used in this section:
(a) "Computer-assisted shooting" means the use of a computer or any other device, equipment, or software
to remotely control the aiming and discharge of a firearm to kill an animal, whether or not the animal is
located in this state.
(b) "Facilities for computer-assisted remote shooting" includes real property and improvements on the
property associated with computer-assisted shooting, such as hunting blinds, offices, and rooms equipped to
facilitate computer-assisted shooting.
History: Add. 2005, Act 110, Imd. Eff. Sept. 22, 2005.
750.236b Computer-assisted shooting; prohibited conduct; definitions.
Sec. 236b. (1) A person in this state shall not do any of the following:
(a) Engage in computer-assisted shooting.
(b) Provide or operate, with or without remuneration, facilities for computer-assisted shooting.
(c) Provide or offer to provide, with or without remuneration, equipment specially adapted for
computer-assisted shooting. This subdivision does not prohibit providing or offering to provide any of the
following:
(i) General-purpose equipment, including a computer, a camera, fencing, building materials, or a bow or
crossbow.
(ii) General-purpose computer software, including an operating system and communications programs.
(iii) General telecommunications hardware or networking services for computers, including adapters,
modems, servers, routers, and other facilities associated with internet access.
(d) Provide or offer to provide, with or without remuneration, an animal for computer-assisted shooting.
(2) As used in this section:
(a) "Computer-assisted shooting" means the use of a computer or any other device, equipment, or software
to remotely control the aiming and discharge of a bow or crossbow to kill an animal, whether or not the
animal is located in this state.
(b) "Facilities for computer-assisted remote shooting" includes real property and improvements on the
property associated with computer-assisted shooting, such as hunting blinds, offices, and rooms equipped to
facilitate computer-assisted shooting.
History: Add. 2005, Act 111, Imd. Eff. Sept. 22, 2005.

750.236c Violation of MCL 750.236a or 750.236b; penalty; forfeiture.
Sec. 236c. (1) A person who violates section 236a or 236b 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.
(2) A person who has been convicted of violating section 236a or 236b and subsequently violates either of
those sections is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of
not more than $1,000.00, or both. In addition, the instrumentalities of the crime are subject to forfeiture in the
same manner as provided in part 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to
600.4709.
History: Add. 2005, Act 112, Eff. Oct. 15, 2005.

750.237 Liquor or controlled substance; possession or use of firearm by person under
influence; violation; penalty; chemical analysis.
Sec. 237. (1) An individual shall not carry, have in possession or under control, or use in any manner or
discharge a firearm under any of the following circumstances:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of
alcoholic liquor and a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters
of breath, or per 67 milliliters of urine.
(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic
liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.
(2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for
carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or
both.
(3) An individual who violates subsection (1) and causes a serious impairment of a body function of
another individual by the discharge or use in any manner of the firearm is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.
As used in this subsection, “serious impairment of a body function” includes, but is not limited to, 1 or more
of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.
(c) Loss of an eye or ear or of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.
(4) An individual who violates subsection (1) and causes the death of another individual by the discharge
or use in any manner of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years
or a fine of not less than $2,500.00 or more than $10,000.00, or both.
(5) A peace officer who has probable cause to believe an individual violated subsection (1) may require the
individual to submit to a chemical analysis of his or her breath, blood, or urine. However, an individual who is
afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of
a physician is not required to submit to a chemical analysis of his or her blood.
(6) Before an individual is required to submit to a chemical analysis under subsection (5), the peace officer
shall inform the individual of all of the following:
(a) The individual may refuse to submit to the chemical analysis, but if he or she refuses, the officer may
obtain a court order requiring the individual to submit to a chemical analysis.
(b) If the individual submits to the chemical analysis, he or she may obtain a chemical analysis from a
person of his or her own choosing.
(7) The failure of a peace officer to comply with the requirements of subsection (6) does not render the
results of a chemical analysis inadmissible as evidence in a criminal prosecution for violating this section, in a
civil action arising out of a violation of this section, or in any administrative proceeding arising out of a
violation of this section.
(8) The collection and testing of breath, blood, or urine specimens under this section shall be conducted in
the same manner that breath, blood, or urine specimens are collected and tested for alcohol-- and
controlled-substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923.
(9) This section does not prohibit the individual from being charged with, convicted of, or sentenced for
any other violation of law arising out of the same transaction as the violation of this section in lieu of being
charged with, convicted of, or sentenced for the violation of this section.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.237;Am. 2001, Act 135, Eff. Feb. 1, 2002.
Former law: See sections 1 and 2 of Act 25 of 1929, being CL 1929, §§ 16780 and 16781.

750.237a Individuals engaging in proscribed conduct; violation; penalties; definitions.
Sec. 237a. (1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c,
224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2)
for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of
the following:
(a) Imprisonment for not more than the maximum term of imprisonment authorized for the section
violated.
(b) Community service for not more than 150 hours.
(c) A fine of not more than 3 times the maximum fine authorized for the section violated.
(2) An individual who engages in conduct proscribed under section 223(1), 224d, 226a, 227c, 227d, 231c,
232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct proscribed under section
223(2) for the first time, in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of
the following:
(a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated
or 93 days, whichever is greater.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00 or the maximum fine authorized for the section violated, whichever
is greater.
(3) Subsections (1) and (2) do not apply to conduct proscribed under a section enumerated in those
subsections to the extent that the proscribed conduct is otherwise exempted or authorized under this chapter.
(4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school
zone is guilty of a misdemeanor punishable by 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00.
(5) Subsection (4) does not apply to any of the following:
(a) An individual employed by or contracted by a school if the possession of that weapon is to provide
security services for the school.
(b) A peace officer.
(c) An individual licensed by this state or another state to carry a concealed weapon.
(d) An individual who possesses a weapon provided by a school or a school's instructor on school property
for purposes of providing or receiving instruction in the use of that weapon.
(e) An individual who possesses a firearm on school property if that possession is with the permission of
the school's principal or an agent of the school designated by the school's principal or the school board.
(f) An individual who is 18 years of age or older who is not a student at the school and who possesses a
firearm on school property while transporting a student to or from the school if any of the following apply:
(i) The individual is carrying an antique firearm, completely unloaded, in a wrapper or container in the
trunk of a vehicle while en route to or from a hunting or target shooting area or function involving the
exhibition, demonstration or sale of antique firearms.
(ii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the person's
vehicle, while in possession of a valid Michigan hunting license or proof of valid membership in an
organization having shooting range facilities, and while en route to or from a hunting or target shooting area.
(iii) The person is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle
from the place of purchase to his or her home or place of business or to a place of repair or back to his or her
home or place of business, or in moving goods from one place of abode or business to another place of abode
or business.
(iv) The person is carrying an unloaded firearm in the passenger compartment of a vehicle that does not
have a trunk, if the person is otherwise complying with the requirements of subparagraph (ii) or (iii) and the
wrapper or container is not readily accessible to the occupants of the vehicle.
(6) As used in this section:
(a) “Antique firearm” means either of the following:
(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed
ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar
type of ignition system or a replica of such a firearm, whether actually manufactured before or after the year
1898.
(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b) “School” means a public, private, denominational, or parochial school offering developmental
kindergarten, kindergarten, or any grade from 1 through 12.
(c) “School property” means a building, playing field, or property used for school purposes to impart
instruction to children or used for functions and events sponsored by a school, except a building used
primarily for adult education or college extension courses.
(d) “Weapon free school zone” means school property and a vehicle used by a school to transport students
to or from school property.
History: Add. 1994, Act 158, Eff. Aug. 15, 1994.

750.238 Search warrant.
Sec. 238. Search warrant—When complaint shall be made on oath to any magistrate authorized to issue
warrants in criminal cases that any pistol or other weapon or device mentioned in this chapter is unlawfully
possessed or carried by any person, such magistrate shall, if he be satisfied that there is reasonable cause to
believe the matters in said complaint be true, issue his warrant directed to any peace officer, commanding him
to search the person or place described in such complaint, and if such pistol, weapon or device be there found,
to seize and hold the same as evidence of a violation of this chapter.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.238.

750.239 Forfeiture of weapons; disposal; immunity from civil liability.
Sec. 239. (1) Except as provided in subsection (2) and subject to section 239a, all pistols, weapons, or
devices carried, possessed, or used contrary to this chapter are forfeited to the state and shall be turned over to
the department of state police for disposition as determined appropriate by the director of the department of
state police or his or her designated representative.
(2) The director of the department of state police shall dispose of firearms under this section by 1 of the
following methods:
(a) By conducting a public auction in which firearms received under this section may be purchased at a
sale conducted in compliance with section 4708 of the revised judicature act of 1961, 1961 PA 236, MCL
600.4708, by individuals authorized by law to possess those firearms.
(b) By destroying them.
(c) By any other lawful manner prescribed by the director of the department of state police.
(3) Before disposing of a firearm under this section, the director of the department of state police shall do
both of the following:
(a) Determine through the law enforcement information network whether the firearm has been reported lost
or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be
determined, the director of the department of state police shall provide 30 days' written notice of his or her
intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm
within that 30-day period if he or she is authorized to possess the firearm.
(b) Provide 30 days' notice to the public on the department of state police website of his or her intent to
dispose of the firearm under this section. The notice shall include a description of the firearm and shall state
the firearm's serial number, if the serial number can be determined. The department of state police shall allow
the owner of the firearm to claim the firearm within that 30-day period if he or she is authorized to possess the
firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under
subdivision (a).
(4) The department of state police is immune from civil liability for disposing of a firearm in compliance
with this section.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.239;Am. 1949, Act 168, Eff. Sept. 23, 1949;Am. 1964, Act 215,
Eff. Aug. 28, 1964;Am. 2010, Act 294, Imd. Eff. Dec. 16, 2010.

750.239a Disposition of seized weapon; immunity from civil liability; "law enforcement
agency" defined.
Sec. 239a. (1) A law enforcement agency that seizes or otherwise comes into possession of a firearm or a
part of a firearm subject to disposal under section 239 may, instead of forwarding the firearm or part of a
firearm to the director of the department of state police or his or her designated representative for disposal
under that section, retain that firearm or part of a firearm for the following purposes:
(a) For legal sale or trade to a federally licensed firearm dealer. The proceeds from any sale or trade under
this subdivision shall be used by the law enforcement agency only for law enforcement purposes. The law
enforcement agency shall not sell or trade a firearm or part of a firearm under this subdivision to any
individual who is a member of that law enforcement agency unless the individual is a federally licensed
firearms dealer and the sale is made pursuant to a public auction.
(b) For official use by members of the seizing law enforcement agency who are employed as peace
officers. A firearm or part of a firearm shall not be sold under this subdivision.
(2) A law enforcement agency that sells or trades any pistol to a licensed dealer under subsection (1)(a) or
retains any pistol under subsection (1)(b) shall complete a record of the transaction under section 2 or section
2a, as applicable.
(3) A law enforcement agency that sells or trades a firearm or part of a firearm under this section shall
retain a receipt of the sale or trade for a period of not less than 7 years. The law enforcement agency shall
make all receipts retained under this subsection available for inspection by the department of state police upon
demand and for auditing purposes by the state and the local unit of government of which the agency is a part.
(4) Before disposing of a firearm under this section, the law enforcement agency shall do both of the
following:
(a) Determine through the law enforcement information network whether the firearm has been reported lost
or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be
determined, the law enforcement agency shall provide 30 days' written notice of its intent to dispose of the
firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if
he or she is authorized to possess the firearm. If the police agency determines that a serial number has been
altered or has been removed or obliterated from the firearm, the police agency shall submit the firearm to the
department of state police or a forensic laboratory for serial number verification or restoration to determine
legal ownership.
(b) Provide 30 days' notice to the public on a website maintained by the law enforcement agency of its
intent to dispose of the firearm under this section. The notice shall include a description of the firearm and
shall state the firearm's serial number, if the serial number can be determined. The law enforcement agency
shall allow the owner of the firearm to claim the firearm within that 30-day period if he or she is authorized to
possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period
required under subdivision (a).
(5) The law enforcement agency is immune from civil liability for disposing of a firearm in compliance
with this section.
(6) As used in this section, "law enforcement agency" means any agency that employs peace officers.
History: Add. 1996, Act 496, Eff. Mar. 31, 1997;Am. 2010, Act 294, Imd. Eff. Dec. 16, 2010.


CHAPTER XXXIX
FIREWORKS

750.243a Definitions; prohibited sales and conduct; fireworks for which permit not required.
Sec. 243a. (1) As used in this chapter:
(a) “Fireworks” means a device made from explosive or flammable compositions used primarily for the
purpose of producing a visible display or audible effect, or both, by combustion, deflagration, or detonation.
Fireworks includes class B fireworks and class C fireworks.
(b) “Class B fireworks” means toy torpedoes, railway torpedoes, firecrackers or salutes that do not qualify
as class C fireworks, exhibition display pieces, aeroplane flares, illuminating projectiles, incendiary
projectiles, incendiary grenades, smoke projectiles or bombs containing expelling charges but without
bursting charges, flash powders in inner units not exceeding 2 ounces each, flash sheets in interior packages,
flash powder or spreader cartridges containing not more than 72 grains of flash powder each, and other
similar devices.
(c) “Class C fireworks” means toy smoke devices, toy caps containing not more than .25 grains of
explosive mixture, toy propellant devices, cigarette loads, trick matches, trick noise makers, smoke candles,
smoke pots, smoke grenades, smoke signals, hand signal devices, Very signal cartridges, sparklers, explosive
auto alarms, and other similar devices.
(2) Except as provided in subsection (3) and sections 243b, 243c, and 243d, a person, firm, partnership, or
corporation shall not offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, possess,
give, furnish, transport, use, explode, or cause to explode any of the following:
(a) A blank cartridge, blank cartridge pistol, toy cannon, toy cane, or toy gun in which explosives are used.
(b) An unmanned balloon which requires fire underneath to propel it and is not moored to the ground while
aloft.
(c) Firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, bottle rockets, whistling chasers,
rockets on sticks, or other fireworks of like construction.
(d) Fireworks containing an explosive or inflammable compound or a tablet or other device commonly
used and sold as fireworks containing nitrates, fulminates, chlorates, oxalates, sulphides of lead, barium,
antimony, arsenic, mercury, nitroglycerine, phosphorus, or a compound containing these or other modern
explosives.
(3) A permit is not required for the following:
(a) Flat paper caps containing not more than .25 of a grain of explosive content per cap, in packages
labeled to indicate the maximum explosive content per cap.
(b) Toy pistols, toy cannons, toy canes, toy trick noise makers, and toy guns of a type approved by the
director of the department of state police in which paper caps as described in subdivision (a) are used and
which are so constructed that the hand cannot come in contact with the cap when in place for the explosion
and which are not designed to break apart or be separated so as to form a missile by the explosion.
(c) Sparklers containing not more than .0125 pounds of burning portion per sparkler.
(d) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter, cone fountains, and cylinder
fountains.
(e) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box
for retail sale and if the manufacturer's name and the quantity contained in each box are printed on the box;
and toy smoke devices.
(f) Possession, transportation, sale, or use of signal flares of a type approved by the director of the
department of state police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the
training or exhibiting of dogs, for signal purposes in athletic sports, for use by military organizations, and all
items described in subsection (2) used by railroads for emergency signal purposes.
(g) The sale of fireworks, provided they are to be shipped directly out of state pursuant to regulations of the
United States department of transportation covering the transportation of explosives and other dangerous
articles by motor, rail, and water.
History: Add. 1968, Act 358, Eff. Jan. 1, 1969;Am. 1976, Act 36, Imd. Eff. Mar. 9, 1976;Am. 1978, Act 258, Eff. July 1, 1978;
Am. 1980, Act 422, Eff. Mar. 31, 1981.
Compiler's note: For transfer of certain powers and duties of the department of state police, and its director, to the director of the
department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

750.243d Storage of fireworks at sites of wholesalers, dealers, and jobbers; exception.
Sec. 243d. The storage of fireworks at the site of a wholesaler, dealer, or jobber, except for a retailer who
has goods on hand for sale to the public in a supervised display area, shall be as follows:
(a) In a 1 story, noncombustible building without a basement, which building is weather resistant, well
ventilated, and equipped with a strong door kept securely locked except when open for business.
(b) The location of the storage building shall be approved by the local governing authority having
jurisdiction, and shall be located not less than the following distances from inhabited buildings, passenger
railroads, and public highways according to the number of pounds of fireworks stored, rounded to the nearest
pound:


Net Weight               Distance From Passenger      Distance
       of                                   Railways and                          From
Fireworks                     Public Highways                Inhabited Buildings
                                                                                    
                                          Class C       Class B       Class C         Class B
                                        Fireworks Fireworks Fireworks Fireworks
Pounds                               Feet         Feet             Feet              Feet
100 or less                            25          200                50              200
101 to 200                            30          200                60              200
201 to 400                            35          200                70              200
401 to 600                            40          200                80              208
601 to 800                            45          200                 90              252
801 to 1,000                        50          200               100             292
1,001 to 2,000                    58          230                115             459
2,001 to 3,000                   62           296                124             592
3,001 to 4,000                   65           352                130             704
4,001 to 5,000                   68           400                135            800
5,001 to 6,000                   70           441                139             882
6,001 to 8,000                   73            509               140         1,018
8,001 to 10,000                75             565               150         1,129
10,001 to 15,000              80             668               159          1,335
15,001 to 20,000              83             745               165          1,490
20,001 to 30,000             87              863               174          1,725
30,001 to 40,000             90              953               180          1,906
40,001 to 50,000              93          1,030               185          2,060
50,001 to 60,000              95           1,095              189           2,190
60,001 to 80,000              98           1,205              195            2,410
80,001 to 100,000         100          1,300               200          2,600
100,001 to 150,000       105           1,488              209           2,975
151,001 to 200,000       108           1,638               215           3,275
200,001 or more              110           1,765              220           3,530
(c) A person shall not cause or allow smoking, matches, open flames, spark producing devices, or firearms
inside of or within 50 feet of a building used for the storage of fireworks. A person shall not store combustible
materials within 50 feet of a building used for the storage of fireworks.
(d) The interior of a building used for the storage of fireworks shall be kept clean and free from debris and
empty containers. A person shall not use a building used for the storage of fireworks for the storage of any
metal tools or any commodity other than fireworks.
(e) A person shall not provide a building used for the storage of fireworks with heat or lights, except that if
lights are necessary, an electric safety flashlight or safety lantern shall be used.
(f) A building used for the storage of fireworks shall bear lettering on each side and top in letters not less
than 4 inches high, the words “explosives—keep fire away”.
(g) A building used for the storage of fireworks shall be under the supervision of a competent person, who
shall be not less than 18 years of age.
(h) In addition to the requirements of subdivision (b), salutes that do not qualify as class C fireworks shall
be considered to be hazardous material and shall be stored in accordance with rules for the storage and
handling of hazardous material promulgated under section 3c of Act No. 207 of the Public Acts of 1941, as
amended, being section 29.3c of the Michigan Compiled Laws.
History: Add. 1968, Act 358, Eff. Jan. 1, 1969;Am. 1972, Act 14, Imd. Eff. Feb. 19, 1972;Am. 1974, Act 92, Imd. Eff. Apr. 25,
1974;Am. 1976, Act 36, Imd. Eff. Mar. 9, 1976;Am. 1980, Act 422, Eff. Mar. 31, 1981.
Compiler's note: For transfer of certain powers and duties of the department of state police, and its director, to the director of the
department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.


CHAPTER XLV
HOMICIDE
750.329 Discharging firearm pointed or aimed at another person resulting in death;
manslaughter; exception; "peace officer" defined.
Sec. 329. (1) A person who wounds, maims, or injures another person by discharging a firearm that is
pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds,
maiming, or injuries result in death.
(2) This section does not apply to a peace officer of this state or another state, or of a local unit of
government of this state or another state, or of the United States, performing his or her duties as a peace
officer. As used in this section, "peace officer" means that term as defined in section 215.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.329;Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005.


CHAPTER L
KIDNAPING
750.349b Unlawful imprisonment; circumstances; violation as felony; penalty; definitions;
other violation.
Sec. 349b. (1) A person commits the crime of unlawful imprisonment if he or she knowingly restrains
another person under any of the following circumstances:
(a) The person is restrained by means of a weapon or dangerous instrument.
(b) The restrained person was secretly confined.
(c) The person was restrained to facilitate the commission of another felony or to facilitate flight after
commission of another felony
(2) A person who commits unlawful imprisonment is guilty of a felony punishable by imprisonment for not
more than 15 years or a fine of not more than $20,000.00, or both.
(3) As used in this section:
(a) "Restrain" means to forcibly restrict a person's movements or to forcibly confine the person so as to
interfere with that person's liberty without that person's consent or without lawful authority. The restraint does
not have to exist for any particular length of time and may be related or incidental to the commission of other
criminal acts.
(b) "Secretly confined" means either of the following:
(i) To keep the confinement of the restrained person a secret.
(ii) To keep the location of the restrained person a secret.
(4) This section does not prohibit the person from being charged with, convicted of, or sentenced for any
other violation of law that is committed by that person while violating this section.
History: Add. 2006, Act 160, Eff. Aug. 24, 2006.


CHAPTER LII
LARCENY
750.357b Committing larceny by stealing firearm of another person as felony; penalty.
Sec. 357b. A person who commits larceny by stealing the firearm of another person is guilty of a felony,
punishable by imprisonment for not more than 5 years or by a fine of not more than $2,500.00, or both.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991.


CHAPTER LIX
MILITARY
750.406 Military stores, larceny, embezzlement or destruction.
Sec. 406. Larceny, embezzlement or destruction of military stores—Any person who, during any war,
rebellion or insurrection against the United States, or against this state, shall wilfully and maliciously
embezzle, steal, injure, destroy or secrete any arms or ammunition, or military stores or equipments of the
United States, or of this state, or of any officer, soldier or soldiers in the service of the United States, or of this
state, or shall wilfully and maliciously destroy, remove or injure any buildings, machinery or material used or
intended to be used in the making, repairing or storing of any arms, ammunition, military stores or
equipments for the service of the United States, or of this state, whether such buildings, machinery or
materials be public or private property, shall be guilty of a felony, punishable by imprisonment in the state
prison for not more than 5 years or by a fine of not more than 2,500 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.406.
Former law: See section 3 of Act 128 of 1863, being CL 1871, § 7763; How., § 9360; CL 1897, § 11389; CL 1915, § 15107; and CL
1929, § 16640.


CHAPTER LX
MISCELLANEOUS
750.411 Hospitals, pharmacies, physicians; duty to report injuries; violation as
misdemeanor; immunity; limitations.
Sec. 411. (1) A person, firm, or corporation conducting a hospital or pharmacy in this state, the person
managing or in charge of a hospital or pharmacy, or the person in charge of a ward or part of a hospital to
which 1 or more persons come or are brought suffering from a wound or other injury inflicted by means of a
knife, gun, pistol, or other deadly weapon, or by other means of violence, has a duty to report that fact
immediately, both by telephone and in writing, to the chief of police or other head of the police force of the
village or city in which the hospital or pharmacy is located, or to the county sheriff if the hospital or pharmacy
is located outside the incorporated limits of a village or city. The report shall state the name and residence of
the person, if known, his or her whereabouts, and the cause, character, and extent of the injuries and may state
the identification of the perpetrator, if known.
(2) A physician or surgeon who has under his or her charge or care a person suffering from a wound or
injury inflicted in the manner described in subsection (1) has a duty to report that fact in the same manner and
to the same officer as required by subsection (1).
(3) A person, firm, or corporation that violates this section is guilty of a misdemeanor.
(4) To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, a
person who makes a report in good faith under subsection (1) or (2) or who cooperates in good faith in an
investigation, civil proceeding, or criminal proceeding conducted as a result of such a report is immune from
civil or criminal liability that would otherwise be incurred by making the report or cooperating in the
investigation or civil or criminal proceeding. A person who makes a report under subsection (1) or (2) or who
cooperates in an investigation, civil proceeding, or criminal proceeding conducted as a result of such a report
is presumed to have acted in good faith. The presumption created by this subsection may be rebutted only by
clear and convincing evidence.
(5) The immunity from civil and criminal liability granted under subsection (4) extends only to the actions
described in subsection (4) and does not extend to another act or omission that is negligent or that amounts to
professional malpractice, or both, and that causes personal injury or death.
(6) The physician-patient privilege created under section 2157 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2157, a health professional-patient privilege created under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838, and any other health professional-patient privilege created
or recognized by law do not apply to a report made under subsection (1) or (2), are not valid reasons for a
failure to comply with subsection (1) or (2), and are not a defense to a misdemeanor charge filed under this
section.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.411;Am. 2000, Act 339, Eff. Apr. 1, 2001.


CHAPTER LXI
MOTOR VEHICLES
750.421 Motor vehicles; trailer designed for defense or attack.
Sec. 421. Motor vehicle or trailer designed for purpose of defense or attack—Any person who shall
construct, reconstruct, devise, manufacture, purchase, sell, possess or operate any motor vehicle or other
vehicle capable of being drawn by a motor vehicle, designed for the use or purpose of defense or attack, from
or by explosives, projectiles, ammunition, gases, fumes or other missiles, weapons and firearms, without first
obtaining a license therefor from the commissioner of the department of public safety, or his duly authorized
deputy, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by
a fine not more than 2,500 dollars: Provided, That the provisions of this section shall not apply to any person
constructing, reconstructing, devising, manufacturing, purchasing, selling, possessing or operating such
vehicles by virtue of any contract with any department of the government of the United States, or with any
foreign government, state, municipality or any subdivision thereof.
Applications for said license shall be upon forms provided by said commissioner of public safety. The
applicant shall possess the same qualifications and said license shall be issued and revoked in the same
manner and subject to the same conditions as are prescribed by law for the issuing and revoking of licenses
for carrying concealed weapons, insofar as the same are applicable. The said commissioner may prescribe
such other rules and regulations as are necessary to carry out the purpose of this section.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.421.


CHAPTER LXX
PUBLIC OFFICES AND OFFICERS
750.479b Taking of firearm or other weapon from peace officer or corrections officer;
penalty; commission of other violation; consecutive terms of imprisonment; definitions.
Sec. 479b. (1) An individual who takes a weapon other than a firearm from the lawful possession of a
peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $2,500.00, or both, if all of the following circumstances exist at the time the
weapon is taken:
(a) The individual knows or has reason to believe the person from whom the weapon is taken is a peace
officer or a corrections officer.
(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a
corrections officer.
(c) The individual takes the weapon without consent of the peace officer or corrections officer.
(d) The peace officer or corrections officer is authorized by his or her employer to carry the weapon in the
line of duty.
(2) An individual who takes a firearm from the lawful possession of a peace officer or a corrections officer
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, if all of the following circumstances exist at the time the firearm is taken:
(a) The individual knows or has reason to believe the person from whom the firearm is taken is a peace
officer or a corrections officer.
(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a
corrections officer.
(c) The individual takes the firearm without the consent of the peace officer or corrections officer.
(d) The peace officer or corrections officer is authorized by his or her employer to carry the firearm in the
line of duty.
(3) This section does not prohibit an individual from being charged with, convicted of, or punished for any
other violation of law that is committed by that individual while violating this section.
(4) A term of imprisonment imposed for a violation of this section may run consecutively to any term of
imprisonment imposed for another violation arising from the same transaction.
(5) As used in this section:
(a) “Corrections officer” means a prison or jail guard or other employee of a jail or a state or federal
correctional facility, who performs duties involving the transportation, care, custody, or supervision of
prisoners.
(b) “Peace officer” means 1 or more of the following:
(i) A police officer of this state or a political subdivision of this state.
(ii) A police officer of any entity of the United States.
(iii) The sheriff of a county of this state or the sheriff's deputy.
(iv) A public safety officer of a college or university who is authorized by the governing board of that
college or university to enforce state law and the rules and ordinances of that college or university.
(v) A conservation officer of the department of natural resources.
(vi) A conservation officer of the United States department of interior.
History: Add. 1994, Act 33, Eff. June 1, 1994.


CHAPTER LXXVI
RAPE
750.520b Criminal sexual conduct in the first degree; felony; consecutive terms.
Sec. 520b. (1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in
sexual penetration with another person and if any of the following circumstances exists:
(a) That other person is under 13 years of age.
(b) That other person is at least 13 but less than 16 years of age and any of the following:
(i) The actor is a member of the same household as the victim.
(ii) The actor is related to the victim by blood or affinity to the fourth degree.
(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to
submit.
(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school,
school district, or intermediate school district in which that other person is enrolled.
(v) The actor is an employee or a contractual service provider of the public school, nonpublic school,
school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is
not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of
government of this state or of the United States assigned to provide any service to that public school,
nonpublic school, school district, or intermediate school district, and the actor uses his or her employee,
contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
(c) Sexual penetration occurs under circumstances involving the commission of any other felony.
(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances
exists:
(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or
physically helpless.
(ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but
is not limited to, any of the circumstances listed in subdivision (f).
(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to
reasonably believe it to be a weapon.
(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual
penetration. Force or coercion includes, but is not limited to, any of the following circumstances:
(i) When the actor overcomes the victim through the actual application of physical force or physical
violence.
(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and
the victim believes that the actor has the present ability to execute these threats.
(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim,
or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this
subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for
purposes that are medically recognized as unethical or unacceptable.
(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.
(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the
victim is mentally incapable, mentally incapacitated, or physically helpless.
(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically
helpless, and any of the following:
(i) The actor is related to the victim by blood or affinity to the fourth degree.
(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to
submit.
(2) Criminal sexual conduct in the first degree is a felony punishable as follows:
(a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years.
(b) For a violation that is committed by an individual 17 years of age or older against an individual less
than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.
(c) For a violation that is committed by an individual 17 years of age or older against an individual less
than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously
convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual
less than 13 years of age or a violation of law of the United States, another state or political subdivision
substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed
against an individual less than 13 years of age.
(d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the
defendant to lifetime electronic monitoring under section 520n.
(3) The court may order a term of imprisonment imposed under this section to be served consecutively to
any term of imprisonment imposed for any other criminal offense arising from the same transaction.
History: Add. 1974, Act 266, Eff. Apr. 1, 1975;Am. 1983, Act 158, Eff. Mar. 29, 1984;Am. 2002, Act 714, Eff. Apr. 1, 2003;
Am. 2006, Act 165, Eff. Aug. 28, 2006;Am. 2006, Act 169, Eff. Aug. 28, 2006;Am. 2007, Act 163, Eff. July 1, 2008.
Constitutionality: The provision in the criminal sexual conduct statute which permits elevation of a criminal sexual conduct offense
from a lesser to a higher degree on the basis of proof of personal injury to the victim in the form of mental anguish is not
unconstitutionally vague. People v Petrella, 424 Mich 221; 380 NW2d 11 (1985).
Compiler's note: Section 2 of Act 266 of 1974 provides:
“Saving clause.
“All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are
saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to
affect any prosecution pending or begun before the effective date of this amendatory act.”

750.520c Criminal sexual conduct in the second degree; felony.
Sec. 520c. (1) A person is guilty of criminal sexual conduct in the second degree if the person engages in
sexual contact with another person and if any of the following circumstances exists:
(a) That other person is under 13 years of age.
(b) That other person is at least 13 but less than 16 years of age and any of the following:
(i) The actor is a member of the same household as the victim.
(ii) The actor is related by blood or affinity to the fourth degree to the victim.
(iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the
victim to submit.
(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school,
school district, or intermediate school district in which that other person is enrolled.
(v) The actor is an employee or a contractual service provider of the public school, nonpublic school,
school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is
not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of
government of this state or of the United States assigned to provide any service to that public school,
nonpublic school, school district, or intermediate school district, and the actor uses his or her employee,
contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
(c) Sexual contact occurs under circumstances involving the commission of any other felony.
(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances
(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or
physically helpless.
(ii) The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes, but is not
limited to, any of the circumstances listed in section 520b(1)(f).
(e) The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to
reasonably believe it to be a weapon.
(f) The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual
contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).
(g) The actor causes personal injury to the victim and the actor knows or has reason to know that the victim
is mentally incapable, mentally incapacitated, or physically helpless.
(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically
helpless, and any of the following:
(i) The actor is related to the victim by blood or affinity to the fourth degree.
(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to
submit.
(i) That other person is under the jurisdiction of the department of corrections and the actor is an employee
or a contractual employee of, or a volunteer with, the department of corrections who knows that the other
person is under the jurisdiction of the department of corrections.
(j) That other person is under the jurisdiction of the department of corrections and the actor is an employee
or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility
under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that the other
person is under the jurisdiction of the department of corrections.
(k) That other person is a prisoner or probationer under the jurisdiction of a county for purposes of
imprisonment or a work program or other probationary program and the actor is an employee or a contractual
employee of or a volunteer with the county or the department of corrections who knows that the other person
is under the county's jurisdiction.
(l) The actor knows or has reason to know that a court has detained the victim in a facility while the victim
is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found
responsible for committing an act that would be a crime if committed by an adult, and the actor is an
employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to
which the victim was committed.
(2) Criminal sexual conduct in the second degree is a felony punishable as follows:
(a) By imprisonment for not more than 15 years.
(b) In addition to the penalty specified in subdivision (a), the court shall sentence the defendant to lifetime
electronic monitoring under section 520n if the violation involved sexual contact committed by an individual
17 years of age or older against an individual less than 13 years of age.
History: Add. 1974, Act 266, Eff. Apr. 1, 1975;Am. 1983, Act 158, Eff. Mar. 29, 1984;Am. 2000, Act 227, Eff. Oct. 1, 2000;
Am. 2002, Act 714, Eff. Apr. 1, 2003;Am. 2006, Act 171, Eff. Aug. 28, 2006;Am. 2007, Act 163, Eff. July 1, 2008.
Compiler's note: Section 2 of Act 266 of 1974 provides:
“Saving clause.
“All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are
saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to
affect any prosecution pending or begun before the effective date of this amendatory act.”


CHAPTER LXXVII
RIOTS AND UNLAWFUL ASSEMBLIES
750.528a Firearm or explosive or incendiary device; teaching or demonstrating use,
application, or construction in furtherance of civil disorder; unlawful assembly;
applicability of section; violation as felony.
Sec. 528a. (1) As used in this section:
(a) “Civil disorder” means any public disturbance involving the use of any firearm, explosive, or
incendiary device by 3 or more assembled persons which causes an immediate danger to, or which results in
damage or injury to, any property or person.
(b) “Explosive or incendiary device” means:
(i) Dynamite, gunpowder, or other similarly explosive substance.
(ii) Any bomb, grenade, missile, or similar device designed to expand suddenly and release internal energy
resulting in an explosion.
(iii) Any incendiary bomb or grenade, fire bomb, or similar device designed to ignite, including any device
which consists of or includes a breakable container containing a flammable liquid or compound and a wick
composed of any material which, if ignited, is capable of igniting the flammable liquid or compound; and
which may be carried or thrown by a person.
(c) “Firearm” means any weapon from which a dangerous projectile may be propelled by using explosives,
gas, or air as a means of propulsion; any weapon which may be readily converted to expel any projectile by
the action of an explosive, or the frame or receiver of such a firearm or weapon, except any smooth bore rifle
or handgun designed and manufactured exclusively for propelling BB's not exceeding .177 caliber by means
of spring, gas, or air.
(d) “Law enforcement officer” means any of the following:
(i) Every sheriff or sheriff's deputy; village marshal or township constable; officer of the police department
of any city, village, or township; any officer of the Michigan state police; or any peace officer who is trained
and certified pursuant to Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the
Michigan Compiled Laws.
(ii) Any officer or employee of the United States, its possessions, or territories who is authorized to enforce
the laws of the United States, its possessions, or its territories.
(iii) Any member of the national guard, coast guard, military reserve, or the armed forces of the United
States when acting in his or her official capacity.
(2) A person shall not teach or demonstrate to another person the use, application, or construction of any
firearm, or any explosive or incendiary device, if that person knows, has reason to know, or intends that what
is taught or demonstrated will be used in, or in furtherance of, a civil disorder.
(3) A person shall not assemble with 1 or more persons for the purpose of training with, practicing with, or
being instructed in the use of any firearm, or any explosive or incendiary device, if that person intends to use
such a firearm or device in, or in furtherance of, a civil disorder.
(4) This section shall not apply to any act of a law enforcement officer which is performed in the lawful
performance of his or her official duties as a law enforcement officer, or any activity of any hunting club, rifle
club, rifle range, pistol range, shooting range, or other program or individual instruction intended to teach the
safe handling or use of firearms, archery equipment, or other weapons or techniques employed in connection
with lawful sports, self-defense, or other lawful activities.
(5) A person who violates this section is guilty of a felony.
History: Add. 1986, Act 113, Eff. Mar. 31, 1987.


CHAPTER LXXVIII
ROBBERY
750.529 Use or possession of dangerous weapon; aggravated assault; penalty.
Sec. 529. A person who engages in conduct proscribed under section 530 and who in the course of
engaging in that conduct, possesses a dangerous weapon or an article used or fashioned in a manner to lead
any person present to reasonably believe the article is a dangerous weapon, or who represents orally or
otherwise that he or she is in possession of a dangerous weapon, is guilty of a felony punishable by
imprisonment for life or for any term of years. If an aggravated assault or serious injury is inflicted by any
person while violating this section, the person shall be sentenced to a minimum term of imprisonment of not
less than 2 years.
History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.529;Am. 1959, Act 71, Eff. Mar. 19, 1960;Am. 2004, Act 128, Eff.
July 1, 2004.
Constitutionality: A defendant's convictions of both armed robbery and the lesser included offenses of larceny of property with a
value over $100 and  of larceny in a building cannot be allowed to stand as a violation of the defendant's protection against double
jeopardy. People v Jankowski, 408 Mich 79; 289 NW2d 674 (1980).
In People v Wilder, 411 Mich 328; 308 NW2d 112 (1981), the Michigan supreme court held that conviction and sentence for both
first-degree felony murder and  the underlying felony of armed robbery violates the state constitutional prohibition against double
jeopardy.
Former law: See section 15 of Ch. 153 of R.S. 1846, being CL 1857, § 5725; CL 1871, § 7524; How., § 9089; CL 1897, § 11484;
CL 1915, § 15206; CL 1929, § 16722; and Act 374 of 1927.


CHAPTER LXXXI
STOLEN, EMBEZZLED OR CONVERTED PROPERTY
750.535b Transporting or shipping stolen firearm or stolen ammunition as felony; receiving,
concealing, storing, bartering, selling, disposing of, pledging, or accepting as security for
a loan a stolen firearm as felony; penalties.
Sec. 535b. (1) A person who transports or ships a stolen firearm or stolen ammunition, knowing that the
firearm or ammunition was stolen, 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.
(2) A person who receives, conceals, stores, barters, sells, disposes of, pledges, or accepts as security for a
loan a stolen firearm or stolen ammunition, knowing that the firearm or ammunition was stolen, 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.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991.

750.536a Rendering goods or property unidentifiable; possession or sale of goods or
property with identifying number obscured, defaced, altered, obliterated, removed,
destroyed, or otherwise concealed or disguised.
Sec. 536a. (1) A person who obscures, defaces, alters, obliterates, removes, destroys, or otherwise conceals
or disguises any registration, serial, or other identifying number embossed, engraved, carved, stamped,
welded, or otherwise placed or situated in or upon goods or property held for sale in the ordinary course of
business with the intent to render the goods or property unidentifiable shall be guilty of a misdemeanor.
(2) A person who is a dealer in or collector of any merchandise or personal property or the agent,
employee, or representative of a dealer or collector and who possesses goods or property with the intent to sell
the goods or property in the ordinary course of business knowing the registration, serial, or other identifying
number has been obscured, defaced, altered, obliterated, removed, destroyed, or otherwise concealed or
disguised shall be guilty of a misdemeanor.
(3) A person who is a dealer or collector of any merchandise or personal property or the agent, employee,
or representative of a dealer or collector and who sells goods or property in the ordinary course of business
knowing that the registration, serial, or other identifying number has been obscured, defaced, altered,
obliterated, removed, destroyed, or otherwise concealed or disguised shall be guilty of a misdemeanor.
History: Add. 1980, Act 44, Eff. July 1, 1980;Am. 1984, Act 407, Eff. Apr. 1985


DEATH OR INJURIES FROM FIREARMS
Act 10 of 1952
AN ACT to define the duties of any person who discharges a firearm and thereby injures any person; and
to prescribe penalties for violations of the provisions of this act.
History: 1952, Act 10, Eff. Sept. 18, 1952.
The People of the State of Michigan enact:

752.841 Firearms; definition.
Sec. 1. For the purposes of this act the word “firearm” shall mean any weapon or device from which is
propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or
gas, or by means of springs, levers or other mechanical device.
History: 1952, Act 10, Eff. Sept. 18, 1952.

752.842 Firearms; discharging; injuries.
Sec. 2. Any person who discharges a firearm and thereby injures or fatally wounds another person, or has
reason to believe he has injured or fatally wounded another person, shall immediately stop at the scene and
shall give his name and address to the injured person, or any member of his party, and shall render to the
person so injured immediate assistance and reasonable assistance in securing medical and hospital care and
transportation for such injured person.
History: 1952, Act 10, Eff. Sept. 18, 1952.

752.843 Firearms; report of injury or death.
Sec. 3. Every person who shall have caused or been involved in an accident in which a human being was
killed or injured by means of a firearm, shall, in addition to complying with the provisions of section 2 of this
act, immediately thereafter report such injury or death to the nearest office of the state police, or to the sheriff
of the county wherein the death or injury occurred, unless such person be physically incapable of making the
required report, in which event it shall be the duty of such person or persons to designate an agent to file the
report. It shall be the duty of the sheriff, upon receipt of the report herein required, to transmit the same
forthwith to the nearest office of the state police.
History: 1952, Act 10, Eff. Sept. 18, 1952.

752.844 Reports; availability for use.
Sec. 4. Reports required to be filed under the provisions of this act shall not be available for use in any way
in any court action, civil or criminal, and shall not be open to general public inspection, but shall be for the
purpose of furnishing statistical information as to the number and cause of such accidents. This act shall be
construed to supplement the law of this state with respect to evidence and its admissibility.
History: 1952, Act 10, Eff. Sept. 18, 1952.

752.845 Firearms; injury to person, penalty, suspension of hunting privileges.
Sec. 5. Any person violating any of the provisions of this act shall, upon conviction thereof, be fined not
more than $100.00 and costs of prosecution, or imprisonment in the county jail for not to exceed 90 days, or
both such fine and imprisonment in the discretion of the court. In addition to any fine or imprisonment, the
court may suspend the hunting privileges of such person for a period of not to exceed 3 years from the date of
conviction.
History: 1952, Act 10, Eff. Sept. 18, 1952;Am. 1958, Act 12, Eff. Sept. 13, 1958.


CARELESS, RECKLESS, OR NEGLIGENT USE OF FIREARMS
Act 45 of 1952
AN ACT to prohibit the careless, reckless or negligent use of firearms and to provide penalties for the
violation of this act; and to repeal certain acts and parts of acts.
History: 1952, Act 45, Eff. Sept. 18, 1952.
The People of the State of Michigan enact:

752.861 Careless, reckless or negligent use of firearms; penalty.
Sec. 1. Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly,
shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another
person, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison for not more than 2
years, or by a fine of not more than $2,000.00, or by imprisonment in the county jail for not more than 1 year,
in the discretion of the court.
History: 1952, Act 45, Eff. Sept. 18, 1952.

752.862 Careless, reckless or negligent use of firearms; injury of property; penalty.
Sec. 2. Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly,
shall cause or allow any firearm under his control to be discharged so as to destroy or injure the property of
another, real or personal, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for
not more than 90 days or by a fine of not more than $100.00, if the injury to such property shall not exceed
the sum of $50.00, but in the event that such injury shall exceed the sum of $50.00, then said offense shall be
punishable by imprisonment in the county jail for not more than 1 year or by a fine not exceeding $500.00.
History: 1952, Act 45, Eff. Sept. 18, 1952.
752.863 Section repealed.
Sec. 3. Section 235a of Act No. 328 of the Public Acts of 1931, being section 750.235a of the Compiled
Laws of 1948, is hereby repealed.
History: 1952, Act 45, Eff. Sept. 18, 1952.

752.863a Reckless, wanton use or negligent discharge of firearm; penalty.
Sec. 3. Any person who shall recklessly or heedlessly or wilfully or wantonly use, carry, handle or
discharge any firearm without due caution and circumspection for the rights, safety or property of others shall
be guilty of a misdemeanor.
History: Add. 1955, Act 14, Eff. Oct. 14, 1955.
Compiler's note: Section 3, as added by Act 14 of 1955, was compiled as MCL 752.863[a] to distinguish it from another section 3,
deriving from Act 45 of 1952 and pertaining to the repeal of MCL 750.235a. The compilation number formerly assigned to this section
was MCL 752.a863.

752.864 Firearms; injury to person or property, suspension of hunting privileges.
Sec. 4. In addition to the penalties provided in other sections of this act, the court may suspend the hunting
privileges of any person convicted of violating any provision of this act for a period of not to exceed 3 years
from the date of conviction.
History: Add. 1958, Act 15, Eff. Sept. 13, 1958.


SPRING, GAS, OR AIR OPERATED HANDGUNS
Act 186 of 1959
AN ACT to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for
violation of this act.
History: 1959, Act 186, Eff. Mar. 19, 1960.
The People of the State of Michigan enact:

752.891 Use or possession of BB handgun by minor.
Sec. 1. No person under 18 years of age shall use or possess any handgun designed and manufactured
exclusively for propelling BB's not exceeding .177 calibre by means of spring, gas or air, outside the curtilage
of his domicile unless he is accompanied by a person over 18 years of age.
History: 1959, Act 186, Eff. Mar. 19, 1960;Am. 1972, Act 37, Imd. Eff. Feb. 19, 1972.

752.892 Penalty.
Sec. 2. Any person who violates the provisions of this act is guilty of a misdemeanor.
History: 1959, Act 186, Eff. Mar. 19, 1960.


THE CODE OF CRIMINAL PROCEDURE..(;&(537.
Act 175 of 1927
AN ACT to revise, consolidate, and codify the laws relating to criminal procedure and to define the
jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this
act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to
provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to
provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide
for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries,
indictments, informations, and proceedings before trial; to provide for trials of persons complained of or
indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to
provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to
establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to
new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation
throughout this state and the appointment of probation officers; to prescribe the powers, duties, and
compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to
provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to
provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth
miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of
certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of
the provisions of this act.
History: 1927, Act 175, Eff. Sept. 5, 1927;Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981;Am. 1994, Act 445, Imd. Eff. Jan. 10,
1995.


The People of the State of Michigan enact:
CHAPTER IV
ARREST
764.1f Juvenile; filing complaint and warrant with magistrate; “specified juvenile violation”
defined.
Sec. 1f. (1) If the prosecuting attorney has reason to believe that a juvenile 14 years of age or older but less
than 17 years of age has committed a specified juvenile violation, the prosecuting attorney may authorize the
filing of a complaint and warrant on the charge with a magistrate concerning the juvenile.
(2) As used in this section, “specified juvenile violation” means any of the following:
(a) A violation of section 72, 83, 86, 89, 91, 316, 317, 349, 520b, 529, 529a, or 531 of the Michigan penal
code, 1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349, 750.520b,
750.529, 750.529a, and 750.531.
(b) A violation of section 84 or 110a(2) of the Michigan penal code, 1931 PA 328, MCL 750.84 and
750.110a, if the juvenile is armed with a dangerous weapon. As used in this subdivision, “dangerous weapon”
means 1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or
customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a
weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or
device is an object or device described in subparagraphs (i) to (iii).
(c) A violation of section 186a of the Michigan penal code, 1931 PA 328, MCL 750.186a, regarding
escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual
escaped or attempted to escape was 1 of the following:
(i) A high-security or medium-security facility operated by the family independence agency or a county
juvenile agency.
(ii) A high-security facility operated by a private agency under contract with the family independence
agency or a county juvenile agency.
(d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL
333.7401 and 333.7403.
(e) An attempt to commit a violation described in subdivisions (a) to (d).
(f) Conspiracy to commit a violation described in subdivisions (a) to (d).
(g) Solicitation to commit a violation described in subdivisions (a) to (d).
(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is
charged with a violation described in subdivisions (a) to (g).
(i) Any other violation arising out of the same transaction as a violation described in subdivisions (a) to (g)
if the individual is charged with a violation described in subdivisions (a) to (g).
History: Add. 1988, Act 67, Eff. Oct. 1, 1988;Am. 1994, Act 195, Eff. Oct. 1, 1994;Am. 1996, Act 255, Eff. Jan. 1, 1997;Am.
1998, Act 520, Imd. Eff. Jan. 12, 1999.
Compiler's note: Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was
amended by Act 173 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”

764.15b Arrest without warrant for violation of personal protection order; answering to
charge of contempt; hearing; bond; show cause order; jurisdiction to conduct contempt
proceedings; prosecution of criminal contempt; prohibited actions by court; definitions.
Sec. 15b. (1) A peace officer, without a warrant, may arrest and take into custody an individual when the
peace officer has or receives positive information that another peace officer has reasonable cause to believe
all of the following apply:
(a) A personal protection order has been issued under section 2950 or 2950a of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or is a valid foreign protection order.
(b) The individual named in the personal protection order is violating or has violated the order. An
individual is violating or has violated the order if that individual commits 1 or more of the following acts the
order specifically restrains or enjoins the individual from committing:
(i) Assaulting, attacking, beating, molesting, or wounding a named individual.
(ii) Removing minor children from an individual having legal custody of the children, except as otherwise
authorized by a custody or parenting time order issued by a court of competent jurisdiction.
(iii) Entering onto premises.
(iv) Engaging in conduct prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328,
MCL 750.411h and 750.411i.
(v) Threatening to kill or physically injure a named individual.
(vi) Purchasing or possessing a firearm.
(vii) Interfering with petitioner's efforts to remove petitioner's children or personal property from premises
that are solely owned or leased by the individual to be restrained or enjoined.
(viii) Interfering with petitioner at petitioner's place of employment or education or engaging in conduct
that impairs petitioner's employment or educational relationship or environment.
(ix) Any other act or conduct specified by the court in the personal protection order.
(c) If the personal protection order was issued under section 2950 or 2950a, the personal protection order
states on its face that a violation of its terms subjects the individual to immediate arrest and either of the
following:
(i) If the individual restrained or enjoined is 17 years of age or older, to criminal contempt of court and, if
found guilty of criminal contempt, to imprisonment for not more than 93 days and to a fine of not more than
$500.00.
(ii) If the individual restrained or enjoined is less than 17 years of age, to the dispositional alternatives
listed in section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.
(2) An individual arrested under this section shall be brought before the family division of the circuit court
having jurisdiction in the cause within 24 hours after arrest to answer to a charge of contempt for violating the
personal protection order, at which time the court shall do each of the following:
(a) Set a time certain for a hearing on the alleged violation of the personal protection order. The hearing
shall be held within 72 hours after arrest, unless extended by the court on the motion of the arrested individual
or the prosecuting attorney.
(b) Set a reasonable bond pending a hearing of the alleged violation of the personal protection order.
(c) Notify the prosecuting attorney of the criminal contempt proceeding.
(d) Notify the party who procured the personal protection order and his or her attorney of record, if any,
and direct the party to appear at the hearing and give evidence on the charge of contempt.
(3) In circuits in which the circuit court judge may not be present or available within 24 hours after arrest,
an individual arrested under this section shall be taken before the district court within 24 hours after arrest, at
which time the district court shall set bond and order the defendant to appear before the family division of
circuit court in the county for a hearing on the charge. If the district court will not be open within 24 hours
after arrest, a judge or district court magistrate shall set bond and order the defendant to appear before the
circuit court in the county for a hearing on the charge.
(4) If a criminal contempt proceeding for violation of a personal protection order is not initiated by an
arrest under this section but is initiated as a result of a show cause order or other process or proceedings, the
court shall do all of the following:
(a) Notify the party who procured the personal protection order and his or her attorney of record, if any,
and direct the party to appear at the hearing and give evidence on the contempt charge.
(b) Notify the prosecuting attorney of the criminal contempt proceeding.
(5) The family division of circuit court in each county of this state has jurisdiction to conduct contempt
proceedings based upon a violation of a personal protection order described in this section issued by the
circuit court in any county of this state or upon a violation of a valid foreign protection order. The court of
arraignment shall notify the court that issued the personal protection order or foreign protection order that the
issuing court may request that the defendant be returned to that court for violating the personal protection
order or foreign protection order. If the court that issued the personal protection order or foreign protection
order requests that the defendant be returned to that court to stand trial, the county of the requesting court
shall bear the cost of transporting the defendant to that county.
(6) The family division of circuit court has jurisdiction to conduct contempt proceedings based upon a
violation of a personal protection order issued pursuant to section 2(h) of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.2, by the family division of circuit court in any county of this state or a valid
foreign protection order issued against a respondent who is less than 18 years of age at the time of the alleged
violation of the foreign protection order in this state. The family division of circuit court that conducts the
preliminary inquiry shall notify the court that issued the personal protection order or foreign protection order
that the issuing court may request that the respondent be returned to that county for violating the personal
protection order or foreign protection order. If the court that issued the personal protection order or foreign
protection order requests that the respondent be returned to that court to stand trial, the county of the
requesting court shall bear the cost of transporting the respondent to that county.
(7) The prosecuting attorney shall prosecute a criminal contempt proceeding initiated by the court under
subsection (2) or initiated by a show cause order under subsection (4), unless the party who procured the
personal protection order retains his or her own attorney for the criminal contempt proceeding or the
prosecuting attorney determines that the personal protection order was not violated or that it would not be in
the interest of justice to prosecute the criminal contempt violation. If the prosecuting attorney prosecutes the
criminal contempt proceeding, the court shall grant an adjournment for not less than 14 days or a lesser period
requested if the prosecuting attorney moves for adjournment. If the prosecuting attorney prosecutes the
criminal contempt proceeding, the court may dismiss the proceeding upon motion of the prosecuting attorney
for good cause shown.
(8) A court shall not rescind a personal protection order, dismiss a contempt proceeding based on a
personal protection order, or impose any other sanction for a failure to comply with a time limit prescribed in
this section.
(9) As used in this section:
(a) “Foreign protection order” means that term as defined in section 2950h of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950h.
(b) “Personal protection order” means a personal protection order issued under section 2950 or 2950a of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and, unless the context
indicates otherwise, includes a valid foreign protection order.
(c) “Valid foreign protection order” means a foreign protection order that satisfies the conditions for
validity provided in section 2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i.
History: Add. 1980, Act 471, Eff. Mar. 31, 1981;Am. 1983, Act 230, Imd. Eff. Nov. 28, 1983;Am. 1992, Act 251, Eff. Jan. 1,
1993;Am. 1994, Act 59, Eff. July 1, 1994;Am. 1994, Act 62, Eff. July 1, 1994;Am. 1994, Act 418, Eff. Apr. 1, 1995;Am. 1996,
Act 15, Eff. June 1, 1996;Am. 1998, Act 475, Eff. Mar. 1, 1999;Am. 1999, Act 269, Eff. July 1, 2000;Am. 2001, Act 209, Eff.
Apr. 1, 2002.

764.15c Investigation or intervention in domestic violence dispute; providing victim with
notice of rights; report; retention and filing of report; development of standard domestic
violence incident report form; definitions.
Sec. 15c. (1) After investigating or intervening in a domestic violence incident, a peace officer shall
provide the victim with a copy of the notice in this section. The notice shall be written and shall include all of
the following:
(a) The name and telephone number of the responding police agency.
(b) The name and badge number of the responding peace officer.
(c) Substantially the following statement:
“You may obtain a copy of the police incident report for your case by contacting this law enforcement
agency at the telephone number provided.
The domestic violence shelter program and other resources in your area are (include local information).
Information about emergency shelter, counseling services, and the legal rights of domestic violence
victims is available from these resources.
Your legal rights include the right to go to court and file a petition requesting a personal protection order to
protect you or other members of your household from domestic abuse which could include restraining or
enjoining the abuser from doing the following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding you.
(c) Threatening to kill or physically injure you or another person.
(d) Removing minor children from you, except as otherwise authorized by a custody or parenting time
order issued by a court of competent jurisdiction.
(e) Engaging in stalking behavior.
(f) Purchasing or possessing a firearm.
(g) Interfering with your efforts to remove your children or personal property from premises that are solely
owned or leased by the abuser.
(h) Interfering with you at your place of employment or education or engaging in conduct that impairs your
employment relationship or your employment or educational environment.
(i) Engaging in any other specific act or conduct that imposes upon or interferes with your personal liberty
or that causes a reasonable apprehension of violence.
(j) Having access to information in records concerning any minor child you have with the abuser that
would inform the abuser about your address or telephone number, the child's address or telephone number, or
your employment address.
Your legal rights also include the right to go to court and file a motion for an order to show cause and a
hearing if the abuser is violating or has violated a personal protection order and has not been arrested.”.
(2) The peace officer shall prepare a domestic violence report after investigating or intervening in a
domestic violence incident. Effective October 1, 2002, a peace officer shall use the standard domestic
violence incident report form developed under subsection (4) or a form substantially similar to that standard
form to report a domestic violence incident. The report shall contain, but is not limited to containing, all of the
following:
(a) The address, date, and time of the incident being investigated.
(b) The victim's name, address, home and work telephone numbers, race, sex, and date of birth.
(c) The suspect's name, address, home and work telephone numbers, race, sex, date of birth, and
information describing the suspect and whether an injunction or restraining order covering the suspect exists.
(d) The name, address, home and work telephone numbers, race, sex, and date of birth of any witness,
including a child of the victim or suspect, and the relationship of the witness to the suspect or victim.
(e) The following information about the incident being investigated:
(i) The name of the person who called the law enforcement agency.
(ii) The relationship of the victim and suspect.
(iii) Whether alcohol or controlled substance use was involved in the incident, and by whom it was used.
(iv) A brief narrative describing the incident and the circumstances that led to it.
(v) Whether and how many times the suspect physically assaulted the victim and a description of any
weapon or object used.
(vi) A description of all injuries sustained by the victim and an explanation of how the injuries were
sustained.
(vii) If the victim sought medical attention, information concerning where and how the victim was
transported, whether the victim was admitted to a hospital or clinic for treatment, and the name and telephone
number of the attending physician.
(viii) A description of any property damage reported by the victim or evident at the scene.
(f) A description of any previous domestic violence incidents between the victim and the suspect.
(g) The date and time of the report and the name, badge number, and signature of the peace officer
completing the report.
(3) The law enforcement agency shall retain the completed domestic violence report in its files. The law
enforcement agency shall also file a copy of the completed domestic violence report with the prosecuting
attorney within 48 hours after the domestic violence incident is reported to the law enforcement agency.
(4) By June 1, 2002, the department of state police shall develop a standard domestic violence incident
report form.
(5) As used in this section:
(a) “Dating relationship” means that term as defined in section 2950 of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950.
(b) “Domestic violence incident” means an incident reported to a law enforcement agency involving
allegations of 1 or both of the following:
(i) A violation of a personal protection order issued under section 2950 of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950, or a violation of a valid foreign protection order.
(ii) A crime committed by an individual against his or her spouse or former spouse, an individual with
whom he or she has had a child in common, an individual with whom he or she has or has had a dating
relationship, or an individual who resides or has resided in the same household.
(c) “Foreign protection order” means that term as defined in section 2950h of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950h.
(d) “Valid foreign protection order” means a foreign protection order that satisfies the conditions for
validity provided in section 2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i.
History: Add. 1985, Act 222, Eff. Mar. 31, 1986;Am. 1994, Act 60, Eff. July 1, 1994;Am. 1994, Act 63, Eff. July 1, 1994;
Am. 1994, Act 418, Eff. Apr. 1, 1995;Am. 1996, Act 15, Eff. June 1, 1996;Am. 1998, Act 475, Eff. Mar. 1, 1999;Am. 1999, Act
269, Eff. July 1, 2000;Am. 2001, Act 207, Eff. Apr. 1, 2002;Am. 2001, Act 210, Eff. Apr. 1, 2002.

764.15d Federal law enforcement officer; powers.
Sec. 15d. (1) A federal law enforcement officer may enforce state law to the same extent as a state or local
officer only if all of the following conditions are met:
(a) The officer is authorized under federal law to arrest a person, with or without a warrant, for a violation
of a federal statute.
(b) The officer is authorized by federal law to carry a firearm in the performance of his or her duties.
(c) One or more of the following apply:
(i) The officer possesses a state warrant for the arrest of the person for the commission of a felony.
(ii) The officer has received positive information from an authoritative source, in writing or by telegraph,
telephone, teletype, radio, computer, or other means, that another federal law enforcement officer or a peace
officer possesses a state warrant for the arrest of the person for the commission of a felony.
(iii) The officer is participating in a joint investigation conducted by a federal agency and a state or local
law enforcement agency.
(iv) The officer is acting pursuant to the request of a state or local law enforcement officer or agency.
(v) The officer is responding to an emergency.
(2) Except as otherwise provided in subsection (3), a federal law enforcement officer who meets the
requirements of subsection (1) has the privileges and immunities of a peace officer of this state.
(3) This section does not impose liability upon or require indemnification by the state or a local unit of
government for an act performed by a federal law enforcement officer under this section.
(4) As used in this section:
(a) “Emergency” means a sudden or unexpected circumstance that requires immediate action to protect the
health, safety, welfare, or property of an individual from actual or threatened harm or from an unlawful act.
(b) “Local unit of government” means a county, city, village, or township.
History: Add. 1987, Act 256, Imd. Eff. Dec. 28, 1987;Am. 1999, Act 64, Eff. Oct. 1, 1999.

764.25 Arrest; weapons and articles on prisoner; seizure, disposal.
Sec. 25. Any person making an arrest shall take from the person arrested, all offensive weapons or
incriminating articles which he may have about his person and must deliver them to the sheriff of the county,
chief of police of the city or to the magistrate before whom he is taken.
History: 1927, Act 175, Eff. Sept. 5, 1927;CL 1929, 17159;CL 1948, 764.25.

764.25a Strip search.
Sec. 25a. (1) As used in this section, “strip search” means a search which requires a person to remove his
or her clothing to expose underclothing, breasts, buttocks, or genitalia.
(2) A person arrested or detained for a misdemeanor offense, or an offense which is punishable only by a
civil fine shall not be strip searched unless both of the following occur:
(a) The person arrested is being lodged into a detention facility by order of a court or there is reasonable
cause to believe that the person is concealing a weapon, a controlled substance, or evidence of a crime.
(b) The strip search is conducted by a person who has obtained prior written authorization from the chief
law enforcement officer of the law enforcement agency conducting the strip search, or from that officer's
designee; or if the strip search is conducted upon a minor in a juvenile detention facility which is not operated
by a law enforcement agency, the strip search is conducted by a person who has obtained prior written
authorization from the chief administrative officer of that facility, or from that officer's designee.
(3) A strip search conducted under this section shall be performed by a person of the same sex as the
person being searched and shall be performed in a place that prevents the search from being observed by a
person not conducting or necessary to assist with the search. A law enforcement officer who assists in the
strip search shall be of the same sex as the person being searched.
(4) If a strip search is conducted under this section, the arresting officer shall prepare a report of the strip
search. The report shall include the following information:
(a) The name and sex of the person subjected to the strip search.
(b) The name and sex of the person conducting the strip search.
(c) The name and sex of a person who assists in conducting the strip search.
(d) The time, date, and place of the strip search.
(e) The justification for conducting a strip search.
(f) A list of all items recovered from the person who was strip searched.
(g) A copy of the written authorization required under subsection (2)(b).
(5) A copy of the report required by subsection (4) shall be given without cost to the person who has been
searched, subject to deletions permitted by section 13 of the freedom of information act, 1976 PA 442, MCL
15.243.
(6) A law enforcement officer, any employee of the law enforcement agency, or a chief administrative
officer or employee of a juvenile detention facility who conducts or authorizes a strip search in violation of
this section is guilty of a misdemeanor.
(7) This section shall not apply to the strip search of a person lodged in a detention facility by an order of a
court or in a state correctional facility housing prisoners under the jurisdiction of the department of
corrections, including a youth correctional facility operated by the department of corrections or a private
vendor under section 20g of 1953 PA 232, MCL 791.220g.
History: Add. 1979, Act 185, Eff. Mar. 27, 1980;Am. 1983, Act 92, Eff. Mar. 29, 1984;Am. 1999, Act 65, Imd. Eff. June 24,
1999.



CHAPTER V
BAIL
765.6b Release subject to protective conditions; contents of order; purchase or possession
of firearm; entering or removing order from law enforcement information network; order to
carry or wear global positioning system device; other orders; definitions; authority to
impose other conditions not limited.
Sec. 6b. (1) A judge or district court magistrate may release under this section a defendant subject to
conditions reasonably necessary for the protection of 1 or more named persons. If a judge or district court
magistrate releases under this section a defendant subject to protective conditions, the judge or district court
magistrate shall make a finding of the need for protective conditions and inform the defendant on the record,
either orally or by a writing that is personally delivered to the defendant, of the specific conditions imposed
and that if the defendant violates a condition of release, he or she will be subject to arrest without a warrant
and may have his or her bail forfeited or revoked and new conditions of release imposed, in addition to any
other penalties that may be imposed if the defendant is found in contempt of court.
(2) An order or amended order issued under subsection (1) shall contain all of the following:
(a) A statement of the defendant's full name.
(b) A statement of the defendant's height, weight, race, sex, date of birth, hair color, eye color, and any
other identifying information the judge or district court magistrate considers appropriate.
(c) A statement of the date the conditions become effective.
(d) A statement of the date on which the order will expire.
(e) A statement of the conditions imposed.
(3) An order or amended order issued under this subsection and subsection (1) may impose a condition that
the defendant not purchase or possess a firearm. However, if the court orders the defendant to carry or wear a
global positioning system device as a condition of release as described in subsection (6), the court shall also
impose a condition that the defendant not purchase or possess a firearm.
(4) The judge or district court magistrate shall immediately direct a law enforcement agency within the
jurisdiction of the court, in writing, to enter an order or amended order issued under subsection (1) or
subsections (1) and (3) into the law enforcement information network as provided by the C.J.I.S. policy
council act, 1974 PA 163, MCL 28.211 to 28.215. If the order or amended order is rescinded, the judge or
district court magistrate shall immediately order the law enforcement agency to remove the order or amended
order from the law enforcement information network.
(5) A law enforcement agency within the jurisdiction of the court shall immediately enter an order or
amended order into the law enforcement information network as provided by the C.J.I.S. policy council act,
1974 PA 163, MCL 28.211 to 28.215, or shall remove the order or amended order from the law enforcement
information network upon expiration of the order or as directed by the court under subsection (4).
(6) If a defendant who is charged with a crime involving domestic violence is released under this section,
the judge or district court magistrate may order the defendant to carry or wear a global positioning system
device as a condition of release. With the informed consent of the victim, the court may also order the
defendant to provide the victim of the charged crime with an electronic receptor device capable of receiving
the global positioning system information from the device carried or worn by the defendant that notifies the
victim if the defendant is located within a proximity to the victim as determined by the judge or district court
magistrate in consultation with the victim. The victim shall also be furnished with a telephone contact with
the local law enforcement agency to request immediate assistance if the defendant is located within that
proximity to the victim. In addition, the victim may provide the court with a list of areas from which he or she
would like the defendant excluded. The court shall consider the victim's request and shall determine which
areas the defendant shall be prohibited from accessing. The court shall instruct the global positioning
monitoring system to notify the proper authorities if the defendant violates the order. In determining whether
to order a defendant to participate in global positioning system monitoring, the court shall consider the
likelihood that the defendant's participation in global positioning system monitoring will deter the defendant
from seeking to kill, physically injure, stalk, or otherwise threaten the victim prior to trial. The victim may
request the court to terminate the victim's participation in global positioning system monitoring of the
defendant at any time. The court shall not impose sanctions on the victim for refusing to participate in global
positioning system monitoring under this subsection. A defendant described in this subsection shall only be
released under this section if he or she agrees to pay the cost of the device and any monitoring of the device as
a condition of release or to perform community service work in lieu of paying that cost. As used in this
subsection:
(a) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(b) "Global positioning monitoring system" means a system that electronically determines and reports the
location of an individual by means of an ankle bracelet transmitter or similar device worn by the individual
that transmits latitude and longitude data to monitoring authorities through global positioning satellite
technology but does not contain or operate any global positioning system technology or radio frequency
identification technology or similar technology that is implanted in or otherwise invades or violates the
corporeal body of the individual.
(c) "Informed consent" means that the victim was given information concerning all of the following before
consenting to participate in global positioning system monitoring:
(i) The victim's right to refuse to participate in global positioning system monitoring and the process for
requesting the court to terminate the victim's participation after it has been ordered.
(ii) The manner in which the global positioning system monitoring technology functions and the risks and
limitations of that technology, and the extent to which the system will track and record the victim's location
and movements.
(iii) The boundaries imposed on the defendant during the global positioning system monitoring.
(iv) Sanctions that the court may impose on the defendant for violating an order issued under this
subsection.
(v) The procedure that the victim is to follow if the defendant violates an order issued under this subsection
or if global positioning system equipment fails.
(vi) Identification of support services available to assist the victim to develop a safety plan to use if the
court's order issued under this subsection is violated or if global positioning system equipment fails.
(vii) Identification of community services available to assist the victim in obtaining shelter, counseling,
education, child care, legal representation, and other help in addressing the consequences and effects of
domestic violence.
(viii) The nonconfidential nature of the victim's communications with the court concerning global
positioning system monitoring and the restrictions to be imposed upon the defendant's movements.
(7) This section does not limit the authority of judges or district court magistrates to impose protective or
other release conditions under other applicable statutes or court rules.
History: Add. 1993, Act 53, Eff. July 1, 1993;Am. 1994, Act 335, Eff. Apr. 1, 1996;Am. 2008, Act 192, Imd. Eff. July 10, 2008.
Compiler's note: Enacting section 1 of Act 192 of 2008 provides:
"Enacting section 1. This amendatory act shall be known and cited as 'Mary's Law' ".


CHAPTER VI
EXAMINATION OF OFFENDERS
766.14 Proceedings where offense charged not felony; transfer of case to family division of
circuit court; waiver of jurisdiction; “specified juvenile violation” defined.
Sec. 14. (1) If the court determines at the conclusion of the preliminary examination of a person charged
with a felony that the offense charged is not a felony or that an included offense that is not a felony has been
committed, the accused shall not be dismissed but the magistrate shall proceed in the same manner as if the
accused had initially been charged with an offense that is not a felony.
(2) If at the conclusion of the preliminary examination of a juvenile the magistrate finds that a specified
juvenile violation did not occur or that there is not probable cause to believe that the juvenile committed the
violation, but that there is probable cause to believe that some other offense occurred and that the juvenile
committed that other offense, the magistrate shall transfer the case to the family division of circuit court of the
county where the offense is alleged to have been committed.
(3) A transfer under subsection (2) does not prevent the family division of circuit court from waiving
jurisdiction over the juvenile under section 4 of chapter XIIA of 1939 PA 288, MCL 712A.4.
(4) As used in this section, “specified juvenile violation” means any of the following:
(a) A violation of section 72, 83, 86, 89, 91, 316, 317, 349, 520b, 529, 529a, or 531 of the Michigan penal
code, 1931 PA 328, MCL 750.72, 750.83, 750.89, 750.91, 750.316, 750.317, 750.349, 750.520b, 750.529,
750.529a, and 750.531.
(b) A violation of section 84 or 110a(2) of the Michigan penal code, 1931 PA 328, MCL 750.84 and
750.110a, if the juvenile is armed with a dangerous weapon. As used in this subdivision, “dangerous weapon”
means 1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or
customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a
weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or
device is an object or device described in subparagraphs (i) to (iii).
(c) A violation of section 186a of the Michigan penal code, 1931 PA 328, MCL 750.186a, regarding
escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual
escaped or attempted to escape was 1 of the following:
(i) A high-security or medium-security facility operated by the family independence agency or a county
juvenile agency.
(ii) A high-security facility operated by a private agency under contract with the family independence
agency or a county juvenile agency.
(d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL
333.7401 and 333.7403.
(e) An attempt to commit a violation described in subdivisions (a) to (d).
(f) Conspiracy to commit a violation described in subdivisions (a) to (d).
(g) Solicitation to commit a violation described in subdivisions (a) to (d).
(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is
charged with a violation described in subdivisions (a) to (g).
(i) Any other violation arising out of the same transaction as a violation described in subdivisions (a) to (g)
if the individual is charged with a violation described in subdivisions (a) to (g).
History: 1927, Act 175, Eff. Sept. 5, 1927;CL 1929, 17206;CL 1948, 766.14;Am. 1974, Act 63, Eff. May 1, 1974;Am.
1988, Act 67, Eff. Oct. 1, 1988;Am. 1994, Act 195, Eff. Oct. 1, 1994;Am. 1996, Act 255, Eff. Jan. 1, 1997;Am. 1996, Act 418,
Eff. Jan. 1, 1998;Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999.
Compiler's note: Section 2 of Act 63 of 1974 provides:
“Effective date.
“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time
periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175
of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall
take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions
of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”
Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 173 of
1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”


CHAPTER VIII
TRIALS
768.21c Use of deadly force by individual in own dwelling; "dwelling" defined.
Sec. 21c. (1) In cases in which section 2 of the self-defense act does not apply, the common law of this
state applies except that the duty to retreat before using deadly force is not required if an individual is in his or
her own dwelling or within the curtilage of that dwelling.
(2) As used in this section, "dwelling" means a structure or shelter that is used permanently or temporarily
as a place of abode, including an appurtenant structure attached to that structure or shelter.
History: Add. 2006, Act 313, Eff. Oct. 1, 2006.


CHAPTER IX
JUDGMENT AND SENTENCE
769.1 Authority and power of court; crimes for which juvenile to be sentenced as adult;
fingerprints as condition to sentencing; hearing at juvenile's sentencing; determination;
criteria; waiver; violation of MCL 333.7403; statement on record; transcript; reimbursement
provision in order of commitment; disposition of collections; order to intercept tax refunds
and initiate offset proceedings; notice; order directed to person responsible for juvenile's
support; hearing; copy of order; retention of jurisdiction over juvenile; annual review;
examination of juvenile's annual report; forwarding report.
Sec. 1. (1) A judge of a court having jurisdiction may pronounce judgment against and pass sentence upon
a person convicted of an offense in that court. The sentence shall not exceed the sentence prescribed by law.
The court shall sentence a juvenile convicted of any of the following crimes in the same manner as an adult:
(a) Arson of a dwelling in violation of section 72 of the Michigan penal code, 1931 PA 328, MCL 750.72.
(b) Assault with intent to commit murder in violation of section 83 of the Michigan penal code, 1931 PA
328, MCL 750.83.
(c) Assault with intent to maim in violation of section 86 of the Michigan penal code, 1931 PA 328, MCL
750.86.
(d) Attempted murder in violation of section 91 of the Michigan penal code, 1931 PA 328, MCL 750.91.
(e) Conspiracy to commit murder in violation of section 157a of the Michigan penal code, 1931 PA 328,
MCL 750.157a.
(f) Solicitation to commit murder in violation of section 157b of the Michigan penal code, 1931 PA 328,
MCL 750.157b.
(g) First degree murder in violation of section 316 of the Michigan penal code, 1931 PA 328, MCL
750.316.
(h) Second degree murder in violation of section 317 of the Michigan penal code, 1931 PA 328, MCL
750.317.
(i) Kidnapping in violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349.
(j) First degree criminal sexual conduct in violation of section 520b of the Michigan penal code, 1931 PA
328, MCL 750.520b.
(k) Armed robbery in violation of section 529 of the Michigan penal code, 1931 PA 328, MCL 750.529.
(l) Carjacking in violation of section 529a of the Michigan penal code, 1931 PA 328, MCL 750.529a.
(2) A person convicted of a felony or of a misdemeanor punishable by imprisonment for more than 92 days
shall not be sentenced until the court has examined the court file and has determined that the person's
fingerprints have been taken.
(3) Unless a juvenile is required to be sentenced in the same manner as an adult under subsection (1), a
judge of a court having jurisdiction over a juvenile shall conduct a hearing at the juvenile's sentencing to
determine if the best interests of the public would be served by placing the juvenile on probation and
committing the juvenile to an institution or agency described in the youth rehabilitation services act, 1974 PA
150, MCL 803.301 to 803.309, or by imposing any other sentence provided by law for an adult offender.
Except as provided in subsection (5), the court shall sentence the juvenile in the same manner as an adult
unless the court determines by a preponderance of the evidence that the interests of the public would be best
served by placing the juvenile on probation and committing the juvenile to an institution or agency described
in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309. The rules of evidence do not
apply to a hearing under this subsection. In making the determination required under this subsection, the
judge shall consider all of the following, giving greater weight to the seriousness of the alleged offense and
the juvenile's prior record of delinquency:
(a) The seriousness of the alleged offense in terms of community protection, including, but not limited to,
the existence of any aggravating factors recognized by the sentencing guidelines, the use of a firearm or other
dangerous weapon, and the impact on any victim.
(b) The juvenile's culpability in committing the alleged offense, including, but not limited to, the level of
the juvenile's participation in planning and carrying out the offense and the existence of any aggravating or
mitigating factors recognized by the sentencing guidelines.
(c) The juvenile's prior record of delinquency including, but not limited to, any record of detention, any
police record, any school record, or any other evidence indicating prior delinquent behavior.
(d) The juvenile's programming history, including, but not limited to, the juvenile's past willingness to
participate meaningfully in available programming.
(e) The adequacy of the punishment or programming available in the juvenile justice system.
(f) The dispositional options available for the juvenile.
(4) With the consent of the prosecutor and the defendant, the court may waive the hearing required under
subsection (3). If the court waives the hearing required under subsection (3), the court may place the juvenile
on probation and commit the juvenile to an institution or agency described in the youth rehabilitation services
act, 1974 PA 150, MCL 803.301 to 803.309, but shall not impose any other sentence provided by law for an
adult offender.
(5) If a juvenile is convicted of a violation or conspiracy to commit a violation of section 7403(2)(a)(i) of
the public health code, 1978 PA 368, MCL 333.7403, the court shall determine whether the best interests of
the public would be served by imposing the sentence provided by law for an adult offender, by placing the
individual on probation and committing the individual to an institution or agency under subsection (3), or by
imposing a sentence of imprisonment for any term of years but not less than 25 years. If the court determines
by clear and convincing evidence that the best interests of the public would be served by imposing a sentence
of imprisonment for any term of years but not less than 25 years, the court may impose that sentence. In
making its determination, the court shall use the criteria specified in subsection (3).
(6) The court shall state on the record the court's findings of fact and conclusions of law for the probation
and commitment decision or sentencing decision made under subsection (3). If a juvenile is committed under
subsection (3) to an institution or agency described in the youth rehabilitation services act, 1974 PA 150,
MCL 803.301 to 803.309, a transcript of the court's findings shall be sent to the family independence agency
or county juvenile agency, as applicable.
(7) If a juvenile is committed under subsection (3) or (4) to an institution or agency described in the youth
rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, the written order of commitment shall
contain a provision for the reimbursement to the court by the juvenile or those responsible for the juvenile's
support, or both, for the cost of care or service. The amount of reimbursement ordered shall be reasonable,
taking into account both the income and resources of the juvenile and those responsible for the juvenile's
support. The amount may be based upon the guidelines and model schedule prepared under section 18(6) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18. The reimbursement provision applies
during the entire period the juvenile remains in care outside the juvenile's own home and under court
supervision. The court shall provide for the collection of all amounts ordered to be reimbursed, and the money
collected shall be accounted for and reported to the county board of commissioners. Collections to cover
delinquent accounts or to pay the balance due on reimbursement orders may be made after a juvenile is
released or discharged from care outside the juvenile's own home and under court supervision. Twenty-five
percent of all amounts collected pursuant to an order entered under this subsection shall be credited to the
appropriate fund of the county to offset the administrative cost of collections. The balance of all amounts
collected pursuant to an order entered under this subsection shall be divided in the same ratio in which the
county, state, and federal government participate in the cost of care outside the juvenile's own home and under
county, state, or court supervision. The court may also collect benefits paid by the government of the United
States for the cost of care of the juvenile. Money collected for juveniles placed with or committed to the
family independence agency or a county juvenile agency shall be accounted for and reported on an individual
basis. In cases of delinquent accounts, the court may also enter an order to intercept state tax refunds or the
federal income tax refund of a child, parent, guardian, or custodian and initiate the necessary offset
proceedings in order to recover the cost of care or service. The court shall send to the person who is the
subject of the intercept order advance written notice of the proposed offset. The notice shall include notice of
the opportunity to contest the offset on the grounds that the intercept is not proper because of a mistake of fact
concerning the amount of the delinquency or the identity of the person subject to the order. The court shall
provide for the prompt reimbursement of an amount withheld in error or an amount found to exceed the
delinquent amount.
(8) If the court appoints an attorney to represent a juvenile, an order entered under this section may require
the juvenile or person responsible for the juvenile's support, or both, to reimburse the court for attorney fees.
(9) An order directed to a person responsible for the juvenile's support under this section is not binding on
the person unless an opportunity for a hearing has been given and until a copy of the order is served on the
person, personally or by first-class mail to the person's last known address.
(10) If a juvenile is placed on probation and committed under subsection (3) or (4) to an institution or
agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, the court
shall retain jurisdiction over the juvenile while the juvenile is on probation and committed to that institution
or agency.
(11) If the court has retained jurisdiction over a juvenile under subsection (10), the court shall conduct an
annual review of the services being provided to the juvenile, the juvenile's placement, and the juvenile's
progress in that placement. In conducting this review, the court shall examine the juvenile's annual report
prepared under section 3 of the juvenile facilities act, 1988 PA 73, MCL 803.223. The court may order
changes in the juvenile's placement or treatment plan including, but not limited to, committing the juvenile to
the jurisdiction of the department of corrections, based on the review.
(12) If an individual who is under the court's jurisdiction under section 4 of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.4, is convicted of a violation or conspiracy to commit a violation of
section 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7403, the court shall determine
whether the best interests of the public would be served by imposing the sentence provided by law for an
adult offender or by imposing a sentence of imprisonment for any term of years but not less than 25 years. If
the court determines by clear and convincing evidence that the best interests of the public would be served by
imposing a sentence of imprisonment for any term of years but not less than 25 years, the court may impose
that sentence. In making its determination, the court shall use the criteria specified in subsection (3) to the
extent they apply.
(13) If the defendant is sentenced for an offense other than a listed offense as defined in section 2(d)(i) to (
ix) and (xi) to (xiii) of the sex offenders registration act, 1994 PA 295, MCL 28.722, the court shall determine
if the offense is a violation of a law of this state or a local ordinance of a municipality of this state that by its
nature constitutes a sexual offense against an individual who is less than 18 years of age. If so, the conviction
is for a listed offense as defined in section 2(d)(x) of the sex offenders registration act, 1994 PA 295, MCL
28.722, and the court shall include the basis for that determination on the record and include the determination
in the judgment of sentence.
(14) When sentencing a person convicted of a misdemeanor involving the illegal delivery, possession, or
use of alcohol or a controlled substance or a felony, the court shall examine the presentence investigation
report and determine if the person being sentenced is licensed or registered under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838. The court shall also examine the court file and
determine if a report of the conviction upon which the person is being sentenced has been forwarded to the
department of consumer and industry services as provided in section 16a. If the report has not been forwarded
to the department of consumer and industry services, the court shall order the clerk of the court to
immediately prepare and forward the report as provided in section 16a.
History: 1927, Act 175, Eff. Sept. 5, 1927;CL 1929, 17329;CL 1948, 769.1;Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981;
Am. 1986, Act 232, Eff. June 1, 1987;Am. 1988, Act 78, Eff. Oct. 1, 1988;Am. 1989, Act 113, Imd. Eff. June 23, 1989;Am. 1993,
Act 85, Eff. Apr. 1, 1994;Am. 1996, Act 247, Eff. Jan. 1, 1997;Am. 1996, Act 248, Eff. Jan. 1, 1997;Am. 1998, Act 520, Imd.
Eff. Jan. 12, 1999;Am. 1999, Act 87, Eff. Sept. 1, 1999.
Compiler's note: Section 3 of Act 78 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was
amended by Act 181 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
Former law: See section 3 of Act 162 of 1850, being CL 1857, § 6113; CL 1871, § 7997; How., § 9613; CL 1897, § 11983; CL
1915, § 15856; and Act 166 of 1851.


CHAPTER XIII
PROCEEDINGS FOR THE DISCOVERY OF CRIME
773.8 Inquisition of jury; form.
Sec. 8. The inquisition issued by the jury may be in the following form:
County of .................... , ss.
An inquisition taken at ........... , in this county, on the .......... day of ............ , before ............., a magistrate,
by the oaths of the jurors whose names are subscribed, who being sworn to inquire on behalf of the people of
this state, when, in what manner, and by what means .................... (or, the unknown deceased person) came to
his or her death, upon their oaths, say (insert when, where, in what manner, and by what means, persons,
weapons, or instruments the deceased was killed or came to his or her death.) In testimony of which the
magistrate and the jurors of this inquest have signed their names.
..............................
..............................
..............................
.............................. (Day and year)
History: 1927, Act 175, Eff. Sept. 5, 1927;CL 1929, 17410;CL 1948, 773.8;Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Former law: See section 8 of Ch. 167 of R.S. 1846, being CL 1857, § 6096; CL 1871, § 7977; How., § 9590; CL 1897, § 11825; and
CL 1915, § 15652.


CHAPTER XVI
MISCELLANEOUS PROVISIONS
776.20 Firearms violations; burden of establishing exception.
Sec. 20. In any prosecution for the violation of any acts of the state relative to use, licensing and possession
of pistols or firearms, the burden of establishing any exception, excuse, proviso or exemption contained in any
such act shall be upon the defendant but this does not shift the burden of proof for the violation.
History: Add. 1968, Act 299, Eff. Nov. 15, 1968.


CHAPTER XVII
SENTENCING GUIDELINES
PART 2
INCLUDED FELONIES
777.11b Applicability of chapter to certain felonies; MCL 28.214(6)(b) to 28.754(1).
Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan
Compiled Laws:
M.C.L.                                                    Category           Class                                           Description                                  Stat Max
28.214(6)(b)                                          Pub trst               F                 Unauthorized disclosure of information
                                                                                                                             from LEIN — subsequent offense                        4
28.293(1)                                                 Pub ord               E                 False information when applying for
                                                                                                                                                  state ID                                                      5
28.293(2)                                                 Pub ord                D                 False information when applying for
                                                                                                                                    state ID — second offense                                7
28.293(3)                                                 Pub ord                C                 False information when applying for
                                                                                                                           state ID — third or subsequent offense              15
28.295(1)(a)                                            Pub ord               D                  Counterfeiting or forging state ID card
                                                                                                                          or using counterfeited or forged state
                                                                                                                          ID card to commit felony punishable
                                                                                                                          by imprisonment for 10 years or more             10
28.295(1)(b)                                          Pub ord                 E                 Counterfeiting or forging state ID card
                                                                                                                         or using counterfeited or forged state
                                                                                                                         ID card to commit felony punishable
                                                                                                                         by imprisonment for less than 10 years
                                                                                                                         or a misdemeanor punishable by more
                                                                                                                         than 6 months                                                                    5
28.295(2)                                              Pub ord                  E                 Selling counterfeited or forged state ID
                                                                                                                        card or possessing counterfeited or
                                                                                                                        forged state ID card with intent to
                                                                                                                        deliver to another person or possessing
                                                                                                                        2 or more counterfeited or forged state
                                                                                                                        ID cards                                                                                  5
28.295(5)                                             Property                 H               Using stolen state ID card to commit
                                                                                                                                            felony Variable
28.295a(1)                                           Pub ord                    H               False representation to obtain or
                                                                                                                         misuse personal information                                        4
28.295a(2)                                          Pub ord                    G                 False representation to obtain or
                                                                                                                         misuse personal information — second
                                                                                                                         offense                                                                                    7
28.295a(3)                                          Pub ord                    C                 False representation to obtain or
                                                                                                                         misuse personal information — third
                                                                                                                         or subsequent offense                                                     15
28.308                                                  Pub saf                    E                   False certification or statement in
                                                                                                                         application for enhanced driver license
                                                                                                                         or enhanced official state personal
                                                                                                                         identification card                                                              5
28.422(16)                                         Pub saf                    F                   Forgery on pistol — license
                                                                                                                         application                                                                             4
28.422a(5)                                        Pub saf                     F                   False statement on pistol sales record                        4
28.425b(3)                                       Pub saf                     F                   False statement on concealed pistol
                                                                                                                        permit application                                                               4
28.425j(2)                                        Pub saf                      F                   Unlawful granting or presenting of
                                                                                                                        pistol training certificate                                                  4
28.425o(5)(c)                                Pub saf                      F                   Carrying concealed pistol in prohibited
                                                                                                                       place — third or subsequent offense                             4
28.435(14)(c)                                Pub saf                      G                  Firearm sale without trigger lock, gun
                                                                                                                      case, or storage container — third or
                                                                                                                       subsequent offense                                                              2
28.516(2)                                        Pub saf                      F                  False statement on concealed firearm
                                                                                                                      certificate application                                                         4
28.729(1)(a)                                   Pub ord                   F                  Failure to register as a sex offender,
                                                                                                                      first offense                                                                              4
28.729(1)(b)                                  Pub ord                    D                  Failure to register as a sex offender,
                                                                                                                                         second offense                                                    7
28.729(1)(c)                                   Pub ord                   D                  Failure to register as a sex offender,
                                                                                                                      third or subsequent offense                                           10
28.729(2)                                       Pub ord                    F                   Failure to update sex offender
                                                                                                                      registration information                                                    2
28.734(2)(b)                                  Pub trst                   G                  Student safety zone violation involving
                                                                                                                      work or loitering — subsequent
                                                                                                                      offense                                                                                       2
28.735(2)(b)                                  Pub trst                   G                 Student safety zone violation involving
                                                                                                                      residency — subsequent offense                                    2
28.754(1)                                        Pub ord                   F                   False report of a child abduction                                   4
History: Add. 2002, Act 31, Eff. Apr. 1, 2002;Am. 2004, Act 150, Eff. Sept. 1, 2004;Am. 2005, Act 122, Eff. Jan. 1, 2006;
Am. 2005, Act 139, Eff. Jan. 1, 2006;Am. 2005, Act 207, Eff. Feb. 1, 2006;Am. 2008, Act 24, Imd. Eff. Mar. 13, 2008;Am. 2008,
Act 538, Eff. Mar. 31, 2009;Am. 2011, Act 19, Eff. July 1, 2011.

777.12k Chapters 258 to 260; felonies.
Sec. 12k. This chapter applies to the following felonies enumerated in chapters 258 to 260 of the Michigan
Compiled Laws:    (go to link below to for fellonies, page 185)


PART 4
OFFENSE VARIABLES
777.31 Aggravated use of weapon; definitions.
Sec. 31. (1) Offense variable 1 is aggravated use of a weapon. Score offense variable 1 by determining
which of the following apply and by assigning the number of points attributable to the one that has the highest
number of points:
     (a) A firearm was discharged at or toward a
human being or a victim was cut or stabbed with a
knife or other cutting or stabbing weapon...........  25 points
     (b) The victim was subjected or exposed to a
harmful biological substance, harmful biological
device, harmful chemical substance, harmful
chemical device, harmful radioactive material,
harmful radioactive device, incendiary device,
or explosive device.................................  20 points
     (c) A firearm was pointed at or toward a
victim or the victim had a reasonable apprehension
of an immediate battery when threatened with a
knife or other cutting or stabbing weapon...........  15 points
     (d) The victim was touched by any other type
of weapon...........................................  10 points
     (e) A weapon was displayed or implied..........   5 points
     (f) No aggravated use of a weapon occurred.....   0 points
(2) All of the following apply to scoring offense variable 1:
(a) Count each person who was placed in danger of injury or loss of life as a victim.
(b) In multiple offender cases, if 1 offender is assessed points for the presence or use of a weapon, all
offenders shall be assessed the same number of points.
(c) Score 5 points if an offender used an object to suggest the presence of a weapon.
(d) Score 5 points if an offender used a chemical irritant, chemical irritant device, smoke device, or
imitation harmful substance or device.
(e) Do not score 5 points if the conviction offense is a violation of section 82 or 529 of the Michigan penal
code, 1931 PA 328, MCL 750.82 and 750.529.
(3) As used in this section:
(a) "Chemical irritant", "chemical irritant device", "harmful biological substance", "harmful biological
device", "harmful chemical substance", "harmful chemical device", "harmful radioactive material", "harmful
radioactive device", and "imitation harmful substance or device" mean those terms as defined in section 200h
of the Michigan penal code, 1931 PA 328, MCL 750.200h.
(b) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb,
Molotov cocktail, or other similar device.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998;Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999;Am. 2001, Act 136, Imd. Eff. Oct.
23, 2001;Am. 2002, Act 137, Eff. Apr. 22, 2002.

777.32 Lethal potential of weapon possessed or used.
Sec. 32. (1) Offense variable 2 is lethal potential of the weapon possessed or used. Score offense variable 2
by determining which of the following apply and by assigning the number of points attributable to the one
that has the highest number of points:
     (a) The offender possessed or used a harmful
biological substance, harmful biological device,
harmful chemical substance, harmful chemical device,
harmful radioactive material, or harmful radioactive
device................................................ 15 points
     (b) The offender possessed or used an incendiary
device, an explosive device, or a fully automatic
weapon................................................ 15 points
     (c) The offender possessed or used a shortbarreled rifle or a short-barreled shotgun............ 10 points
     (d) The offender possessed or used a pistol,
rifle, shotgun, or knife or other cutting or stabbing
weapon................................................ 5 points
     (e) The offender possessed or used any other
potentially lethal weapon............................. 1 point
     (f) The offender possessed or used no weapon..... 0 points
(2) In multiple offender cases, if 1 offender is assessed points for possessing a weapon, all offenders shall
be assessed the same number of points.
(3) As used in this section:
(a) "Harmful biological substance", "harmful biological device", "harmful chemical substance", "harmful
chemical device", "harmful radioactive material", and "harmful radioactive device" mean those terms as
defined in section 200h of the Michigan penal code, 1931 PA 328, MCL 750.200h.
(b) "Fully automatic weapon" means a firearm employing gas pressure or force of recoil or other means to
eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the
magazine, without renewed pressure on the trigger for each successive shot.
(c) "Pistol", "rifle", or "shotgun" includes a revolver, semi-automatic pistol, rifle, shotgun, combination
rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not
include a fully automatic weapon or short-barreled shotgun or short-barreled rifle.
(d) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb,
Molotov cocktail, or other similar device.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998;Am. 2001, Act 136, Imd. Eff. Oct. 23, 2001.


PART 5
PRIOR RECORD VARIABLES
777.55 Prior misdemeanor convictions or prior misdemeanor juvenile adjudications.
Sec. 55. (1) Prior record variable 5 is prior misdemeanor convictions or prior misdemeanor juvenile
adjudications. Score prior record variable 5 by determining which of the following apply and by assigning the
number of points attributable to the one that has the highest number of points:
     (a) The offender has 7 or more prior misdemeanor
convictions or prior misdemeanor juvenile
adjudications......................................... 20 points
     (b) The offender has 5 or 6 prior misdemeanor
convictions or prior misdemeanor juvenile
adjudications......................................... 15 points
     (c) The offender has 3 or 4 prior misdemeanor
convictions or prior misdemeanor juvenile
adjudications......................................... 10 points
     (d) The offender has 2 prior misdemeanor
convictions or prior misdemeanor juvenile
adjudications......................................... 5 points
     (e) The offender has 1 prior misdemeanor
conviction or prior misdemeanor juvenile adjudication. 2 points
     (f) The offender has no prior misdemeanor
convictions or prior misdemeanor juvenile
adjudications......................................... 0 points
(2) All of the following apply to scoring record variable 5:
(a) Except as provided in subdivision (b), count a prior misdemeanor conviction or prior misdemeanor
juvenile adjudication only if it is an offense against a person or property, a controlled substance offense, or a
weapon offense. Do not count a prior conviction used to enhance the sentencing offense to a felony.
(b) Count all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or
attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the influence
of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance. Do
not count a prior conviction used to enhance the sentencing offense to a felony.
(3) As used in this section:
(a) "Prior misdemeanor conviction" means a conviction for a misdemeanor under a law of this state, a
political subdivision of this state, another state, a political subdivision of another state, or the United States if
the conviction was entered before the sentencing offense was committed.
(b) "Prior misdemeanor juvenile adjudication" means a juvenile adjudication for conduct that if committed
by an adult would be a misdemeanor under a law of this state, a political subdivision of this state, another
state, a political subdivision of another state, or the United States if the order of disposition was entered
before the sentencing offense was committed.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998;Am. 2000, Act 279, Eff. Oct. 1, 2000.

777.57 Subsequent or concurrent felony convictions.
Sec. 57. (1) Prior record variable 7 is subsequent or concurrent felony convictions. Score prior record
variable 7 by determining which of the following apply and by assigning the number of points attributable to
the one that has the highest number of points:
     (a) The offender has 2 or more subsequent or
concurrent convictions............................... 20 points
     (b) The offender has 1 subsequent or concurrent
conviction........................................... 10 points
     (c) The offender has no subsequent or concurrent
convictions.......................................... 0 points
(2) All of the following apply to scoring record variable 7:
(a) Score the appropriate point value if the offender was convicted of multiple felony counts or was
convicted of a felony after the sentencing offense was committed.
(b) Do not score a felony firearm conviction in this variable.
(c) Do not score a concurrent felony conviction if a mandatory consecutive sentence or a consecutive
sentence imposed under section 7401(3) of the public health code, 1978 PA 368, MCL 333.7401, will result
from that conviction.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998;Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999;Am. 2002, Act 666, Eff. Mar. 1,


WILLIAM VAN REGENMORTER CRIME VICTIM'S RIGHTS ACT (EXCERPT)
Act 87 of 1985
AN ACT to establish the rights of victims of crime and juvenile offenses; to provide for certain
procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under
certain circumstances; to prohibit certain conduct of employers or employers' agents toward victims; and to
provide for penalties and remedies.
History: 1985, Act 87, Eff. Oct. 9, 1985;Am. 1988, Act 22, Eff. June 1, 1988.
The People of the State of Michigan enact:

ARTICLE 1
780.753 Information to be given victim.
Sec. 3. Within 24 hours after the initial contact between the victim of a reported crime and the law
enforcement agency having the responsibility for investigating that crime, that agency shall give to the victim
the following information in writing:
(a) The availability of emergency and medical services, if applicable.
(b) The availability of victim's compensation benefits and the address of the crime victims compensation
board.
(c) The address and telephone number of the prosecuting attorney whom the victim should contact to
obtain information about victim's rights.
(d) The following statements:
“If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you
should call [identify law enforcement agency and telephone number] and inform them.”
“If you are not notified of an arrest in your case, you may call this law enforcement agency at [the law
enforcement agency's telephone number] for the status of the case.”.
History: 1985, Act 87, Eff. Oct. 9, 1985;Am. 1993, Act 341, Eff. May 1, 1994;Am. 2000, Act 503, Eff. June 1, 2001.
780.754 Return of property to victim; retention of evidence.
Sec. 4. (1) The law enforcement agency having responsibility for investigating a reported crime shall
promptly return to the victim property belonging to that victim which is taken in the course of the
investigation, except as provided in subsections (2) to (4).
(2) The agency shall not return property which is contraband.
(3) The agency shall not return property if the ownership of the property is disputed until the dispute is
resolved.
(4) The agency shall retain as evidence any weapon used in the commission of the crime and any other
evidence if the prosecuting attorney certifies that there is a need to retain that evidence in lieu of a photograph
or other means of memorializing its possession by the agency.
History: 1985, Act 87, Eff. Oct. 9, 1985.

ARTICLE 2
780.781 Definitions; designation of person to act in place of victim; rights and privileges.
Sec. 31. (1) Except as otherwise defined in this article, as used in this article:
(a) "County juvenile agency" means that term as defined in section 2 of the county juvenile agency act,
1998 PA 518, MCL 45.622.
(b) "Court" means the family division of circuit court.
(c) "Crime victim services commission" means that term as described in section 2 of 1976 PA 223, MCL
18.352.
(d) "Designated case" means a case designated as a case in which the juvenile is to be tried in the same
manner as an adult under section 2d of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.2d.
(e) "Juvenile" means an individual alleged or found to be within the court's jurisdiction under section
2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an offense, including,
but not limited to, an individual in a designated case.
(f) "Juvenile facility" means a county facility, an institution operated as an agency of the county or the
court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL
803.301 to 803.309, to which a juvenile has been committed or in which a juvenile is detained.
(g) "Offense" means 1 or more of the following:
(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be
punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.
(ii) A violation of section 81 (assault and battery, including domestic violence), 81a (assault; infliction of
serious injury, including aggravated domestic violence), 115 (breaking and entering or illegal entry), 136b(6)
(child abuse in the fourth degree), 145 (contributing to the neglect or delinquency of a minor), 145d (using the
internet or a computer to make a prohibited communication), 233 (intentionally aiming a firearm without
malice), 234 (discharge of a firearm intentionally aimed at a person), 235 (discharge of an intentionally aimed
firearm resulting in injury), 335a (indecent exposure), or 411h (stalking) of the Michigan penal code, 1931 PA
328, MCL 750.81, 750.81a, 750.115, 750.136b, 750.145, 750.145d, 750.233, 750.234, 750.235, 750.335a,
and 750.411h.
(iii) A violation of section 601b(2) (injuring a worker in a work zone) or 617a (leaving the scene of a
personal injury accident) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b and 257.617a, or a
violation of section 625 (operating a vehicle while under the influence of or impaired by intoxicating liquor or
a controlled substance, or with unlawful blood alcohol content) of that act, MCL 257.625, if the violation
involves an accident resulting in damage to another individual's property or physical injury or death to another
individual.
(iv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section
33 of the former 1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1701, if the violation results in physical injury or death to any individual.
(v) A violation of section 80176(1) or (3) (operating a vessel while under the influence of or impaired by
intoxicating liquor or a controlled substance, or with unlawful blood alcohol content) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.80176, if the violation involves an accident
resulting in damage to another individual's property or physical injury or death to any individual.
(vi) A violation of a local ordinance substantially corresponding to a law enumerated in subparagraphs (i)
to (v).
(vii) A violation described in subparagraphs (i) to (vi) that is subsequently reduced to a violation not
included in subparagraphs (i) to (vi).
(h) "Person" means an individual, organization, partnership, corporation, or governmental entity.
(i) "Prosecuting attorney" means the prosecuting attorney for a county, an assistant prosecuting attorney
for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special
prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the
political subdivision that enacted the ordinance upon which the violation is based.
(j) "Victim" means any of the following:
(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the
commission of an offense, except as provided in subparagraph (ii), (iii), or (iv).
(ii) The following individuals other than the juvenile if the victim is deceased:
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does
not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and
sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the
defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the
legal process if he or she is neither the defendant nor incarcerated.
(2) If a victim as defined in subsection (1)(j)(i) is physically or emotionally unable to exercise the
privileges and rights under this article, the victim may designate his or her spouse, child 18 years of age or
older, parent, sibling, grandparent, or any other person 18 years of age or older who is neither the defendant
nor incarcerated to act in his or her place while the physical or emotional disability continues. The victim
shall provide the prosecuting attorney with the name of the person who is to act in his or her place. During the
physical or emotional disability, notices to be provided under this article to the victim shall continue to be sent
only to the victim.
(3) An individual who is charged with an offense arising out of the same transaction from which the charge
against the defendant arose is not eligible to exercise the privileges and rights established for victims under
this article.
History: Add. 1988, Act 22, Eff. June 1, 1988;Am. 1993, Act 341, Eff. May 1, 1994;Am. 1996, Act 82, Imd. Eff. Feb. 27, 1996;
Am. 1998, Act 523, Imd. Eff. Jan. 12, 1999;Am. 2000, Act 503, Eff. June 1, 2001;Am. 2005, Act 184, Eff. Jan. 1, 2006;Am.
2006, Act 461, Eff. Jan. 1, 2007;Am. 2009, Act 28, Eff. July 1, 2009.
Compiler's note: Enacting section 1 of Act 28 of 2009 provides:
"Enacting section 1. This amendatory act takes effect July 1, 2009, and applies only to crimes committed on and after that date."

ARTICLE 3
780.811 Definitions; physical or emotional inability of victim to exercise privileges and
rights; ineligibility to exercise privileges and rights.
Sec. 61. (1) Except as otherwise defined in this article, as used in this article:
(a) "Serious misdemeanor" means 1 or more of the following:
(i) A violation of section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, assault and battery,
including domestic violence.
(ii) A violation of section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a, assault; infliction
of serious injury, including aggravated domestic violence.
(iii) A violation of section 115 of the Michigan penal code, 1931 PA 328, MCL 750.115, breaking and
entering or illegal entry.
(iv) A violation of section 136b(6) of the Michigan penal code, 1931 PA 328, MCL 750.136b, child abuse
in the fourth degree.
(v) A violation of section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145, contributing to the
neglect or delinquency of a minor.
(vi) A misdemeanor violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d,
using the internet or a computer to make a prohibited communication.
(vii) A violation of section 233 of the Michigan penal code, 1931 PA 238, MCL 750.233, intentionally
aiming a firearm without malice.
(viii) A violation of section 234 of the Michigan penal code, 1931 PA 328, MCL 750.234, discharge of a
firearm intentionally aimed at a person.
(ix) A violation of section 235 of the Michigan penal code, 1931 PA 328, MCL 750.235, discharge of an
intentionally aimed firearm resulting in injury.
(x) A violation of section 335a of the Michigan penal code, 1931 PA 328, MCL 750.335a, indecent
exposure.
(xi) A violation of section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h, stalking.
(xii) A violation of section 601b(2) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b, injuring a
worker in a work zone.
(xiii) A violation of section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a, leaving the
scene of a personal injury accident.
(xiv) A violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, operating a
vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an
unlawful blood alcohol content, if the violation involves an accident resulting in damage to another
individual's property or physical injury or death to another individual.
(xv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section
701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in
physical injury or death to any individual.
(xvi) A violation of section 80176(1) or (3) of the natural resources and environmental protection act, 1994
PA 451, MCL 324.80176, operating a vessel while under the influence of or impaired by intoxicating liquor
or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident
resulting in damage to another individual's property or physical injury or death to any individual.
(xvii) A violation of a local ordinance substantially corresponding to a violation enumerated in
subparagraphs (i) to (xvi).
(xviii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xvii) but
subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, "crime" means that
term as defined in section 2.
(b) "Crime victim services commission" means that term as described in section 2 of 1976 PA 223, MCL
18.352.
(c) "Defendant" means a person charged with or convicted of having committed a serious misdemeanor
against a victim.
(d) "Final disposition" means the ultimate termination of the criminal prosecution of a defendant including,
but not limited to, dismissal, acquittal, or imposition of a sentence by the court.
(e) "Person" means an individual, organization, partnership, corporation, or governmental entity.
(f) "Prisoner" means a person who has been convicted and sentenced to imprisonment for having
committed a serious misdemeanor against a victim.
(g) "Prosecuting attorney" means the prosecuting attorney for a county, an assistant prosecuting attorney
for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special
prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the
political subdivision that enacted the ordinance upon which the violation is based.
(h) "Victim" means any of the following:
(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the
commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), or (iv).
(ii) The following individuals other than the defendant if the victim is deceased:
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does
not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and
sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the
defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is so mentally incapacitated that he or she cannot
meaningfully understand or participate in the legal process if he or she is not the defendant and is not
incarcerated.
(2) If a victim as defined in subsection (1)(h)(i) is physically or emotionally unable to exercise the
privileges and rights under this article, the victim may designate his or her spouse, child 18 years of age or
older, parent, sibling, or grandparent or any other person 18 years of age or older who is neither the defendant
nor incarcerated to act in his or her place while the physical or emotional disability continues. The victim
shall provide the prosecuting attorney with the name of the person who is to act in place of the victim. During
the physical or emotional disability, notices to be provided under this article to the victim shall continue to be
sent only to the victim.
(3) An individual who is charged with a serious misdemeanor, a crime as defined in section 2, or an
offense as defined in section 31 arising out of the same transaction from which the charge against the
defendant arose is not eligible to exercise the privileges and rights established for victims under this article.
(4) An individual who is incarcerated is not eligible to exercise the privileges and rights established for
victims under this article except that he or she may submit a written statement to the court for consideration at
sentencing.
History: Add. 1988, Act 21, Eff. June 1, 1988;Am. 1993, Act 341, Eff. May 1, 1994;Am. 1996, Act 82, Imd. Eff. Feb. 27, 1996;
Am. 2000, Act 503, Eff. June 1, 2001;Am. 2005, Act 184, Eff. Jan. 1, 2006;Am. 2006, Act 461, Eff. Jan. 1, 2007;Am. 2009,
Act 28, Eff. July 1, 2009.
Compiler's note: In subsection (1)(a)(vii), the reference to "1931 PA 238" should evidently read "1931 PA 328."
Enacting section 1 of Act 28 of 2009 provides:
"Enacting section 1. This amendatory act takes effect July 1, 2009, and applies only to crimes committed on and after that date." 

780.814 Return of property to victim; exceptions.
Sec. 64. (1) The law enforcement agency having responsibility for investigating a reported serious
misdemeanor shall promptly return to the victim property belonging to that victim which is taken in the
course of the investigation, except as provided in subsections (2) to (4).
(2) The agency shall not return property which is contraband.
(3) The agency shall not return property if the ownership of the property is disputed until the dispute is
resolved.
(4) The agency shall retain as evidence any weapon used in the commission of the serious misdemeanor
and any other evidence if the prosecuting attorney certifies that there is a need to retain that evidence in lieu
of a photograph or other means of memorializing its possession by the agency.
History: Add. 1988, Act 21, Eff. June 1, 1988.


PRESUMPTION REGARDING SELF-DEFENSE
Act 311 of 2006
AN ACT to create a rebuttable presumption regarding the use of self-defense or the defense of others.
History: 2006, Act 311, Eff. Oct. 1, 2006.
The People of the State of Michigan enact:

780.951 Individual using deadly force or force other than deadly force; presumption;
definitions.
Sec. 1. (1) Except as provided in subsection (2), it is a rebuttable presumption in a civil or criminal case
that an individual who uses deadly force or force other than deadly force under section 2 of the self-defense
act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to
himself or herself or another individual will occur if both of the following apply:
(a) The individual against whom deadly force or force other than deadly force is used is in the process of
breaking and entering a dwelling or business premises or committing home invasion or has broken and
entered a dwelling or business premises or committed home invasion and is still present in the dwelling or
business premises, or is unlawfully attempting to remove another individual from a dwelling, business
premises, or occupied vehicle against his or her will.
(b) The individual using deadly force or force other than deadly force honestly and reasonably believes that
the individual is engaging in conduct described in subdivision (a).
(2) The presumption set forth in subsection (1) does not apply if any of the following circumstances exist:
(a) The individual against whom deadly force or force other than deadly force is used, including an owner,
lessee, or titleholder, has the legal right to be in the dwelling, business premises, or vehicle and there is not an
injunction for protection from domestic violence or a written pretrial supervision order, a probation order, or a
parole order of no contact against that person.
(b) The individual removed or being removed from the dwelling, business premises, or occupied vehicle is
a child or grandchild of, or is otherwise in the lawful custody of or under the lawful guardianship of, the
individual against whom deadly force or force other than deadly force is used.
(c) The individual who uses deadly force or force other than deadly force is engaged in the commission of
a crime or is using the dwelling, business premises, or occupied vehicle to further the commission of a crime.
(d) The individual against whom deadly force or force other than deadly force is used is a peace officer
who has entered or is attempting to enter a dwelling, business premises, or vehicle in the performance of his
or her official duties in accordance with applicable law.
(e) The individual against whom deadly force or force other than deadly force is used is the spouse or
former spouse of the individual using deadly force or force other than deadly force, an individual with whom
the individual using deadly force or other than deadly force has or had a dating relationship, an individual
with whom the individual using deadly force or other than deadly force has had a child in common, or a
resident or former resident of his or her household, and the individual using deadly force or other than deadly
force has a prior history of domestic violence as the aggressor.
(3) As used in this section:
(a) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(b) "Business premises" means a building or other structure used for the transaction of business, including
an appurtenant structure attached to that building or other structure.
(c) "Dwelling" means a structure or shelter that is used permanently or temporarily as a place of abode,
including an appurtenant structure attached to that structure or shelter.
(d) "Law enforcement officer of a Michigan Indian tribal police force" means a regularly employed
member of a police force of a Michigan Indian tribe who is appointed pursuant to former 25 CFR 12.100 to
12.103.
(e) "Michigan Indian tribe" means a federally recognized Indian tribe that has trust lands located within
this state.
(f) "Peace officer" means any of the following:
(i) A regularly employed member of a law enforcement agency authorized and established pursuant to law,
including common law, who is responsible for the prevention and detection of crime and the enforcement of
the general criminal laws of this state. Peace officer does not include a person serving solely because he or
she occupies any other office or position.
(ii) A law enforcement officer of a Michigan Indian tribal police force.
(iii) The sergeant at arms or any assistant sergeant at arms of either house of the legislature who is
commissioned as a police officer by that respective house of the legislature as provided by the legislative
sergeant at arms police powers act, 2001 PA 185, MCL 4.381 to 4.382.
(iv) A law enforcement officer of a multicounty metropolitan district.
(v) A county prosecuting attorney's investigator sworn and fully empowered by the sheriff of that county.
(vi) Until December 31, 2007, a law enforcement officer of a school district in this state that has a
membership of at least 20,000 pupils and that includes in its territory a city with a population of at least
180,000 as of the most recent federal decennial census.
(vii) A fire arson investigator from a fire department within a city with a population of not less than
750,000 who is sworn and fully empowered by the city chief of police.
(viii) A security employee employed by the state pursuant to section 6c of 1935 PA 59, MCL 28.6c.
(ix) A motor carrier officer appointed pursuant to section 6d of 1935 PA 59, MCL 28.6d.
(x) A police officer or public safety officer of a community college, college, or university who is
authorized by the governing board of that community college, college, or university to enforce state law and
the rules and ordinances of that community college, college, or university.
(g) "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport
people or property.
History: 2006, Act 311, Eff. Oct. 1, 2006.


SELF-DEFENSE ACT
Act 309 of 2006
AN ACT to clarify the rights and duties of self-defense and the defense of others.
History: 2006, Act 309, Eff. Oct. 1, 2006.
The People of the State of Michigan enact:
780.971 Short title.
Sec. 1. This act shall be known and may be cited as the "self-defense act".
History: 2006, Act 309, Eff. Oct. 1, 2006.

780.972 Use of deadly force by individual not engaged in commission of crime; conditions.
Sec. 2. (1) An individual who has not or is not engaged in the commission of a crime at the time he or she
uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be
with no duty to retreat if either of the following applies:
(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the
imminent death of or imminent great bodily harm to himself or herself or to another individual.
(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the
imminent sexual assault of himself or herself or of another individual.
(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses
force other than deadly force may use force other than deadly force against another individual anywhere he or
she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of
that force is necessary to defend himself or herself or another individual from the imminent unlawful use of
force by another individual.
History: 2006, Act 309, Eff. Oct. 1, 2006.
780.973 Duty to retreat; effect of act on common law.
Sec. 3. Except as provided in section 2, this act does not modify the common law of this state in existence
on October 1, 2006 regarding the duty to retreat before using deadly force or force other than deadly force.
History: 2006, Act 309, Eff. Oct. 1, 2006.

780.974 Right to use deadly force; effect of act on common law.
Sec. 4. This act does not diminish an individual's right to use deadly force or force other than deadly force
in self-defense or defense of another individual as provided by the common law of this state in existence on
October 1, 2006.
History: 2006, Act 309, Eff. Oct. 1, 2006.


CORRECTIONS CODE OF 1953 (EXCERPT)
Act 232 of 1953
AN ACT to revise, consolidate, and codify the laws relating to probationers and probation officers, to
pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional
farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and
inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a
state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and
vesting in said department of powers and duties vested by law in certain other state boards, commissions, and
officers, and to abolish certain boards, commissions, and offices the powers and duties of which are
transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the
powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup
advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the
violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on
specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act.
History: 1953, Act 232, Eff. Oct. 2, 1953;Am. 1980, Act 303, Imd. Eff. Nov. 26, 1980;Am. 1984, Act 102, Imd. Eff. May 8,
1984;Am. 1988, Act 510, Eff. Mar. 30, 1989;Am. 1992, Act 22, Imd. Eff. Mar. 19, 1992;Am. 1993, Act 184, Imd. Eff. Sept. 30,
1993;Am. 1996, Act 164, Eff. Mar. 31, 1997;Am. 2006, Act 172, Eff. Aug. 28, 2006.
Compiler's note: For transfer of the Department of Corrections to a new Department of Corrections, see E.R.O. No. 1991-12,
compiled at MCL 791.302 of the Michigan Compiled Laws.
For abolition of the Michigan Corrections Commission and transferring its powers, duties, and functions to the Director of the new
Department of Corrections with the exception that the power to appoint the Director shall be vested with the Governor, see E.R.O. No.
1991-12, compiled at MCL 791.302 of the Michigan Compiled Laws.
Popular name: Department of Corrections Act
The People of the State of Michigan enact:

CHAPTER I
DEPARTMENT OF CORRECTIONS.
791.206 Rules.
Sec. 6. (1) The director may promulgate rules pursuant to the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328, to provide for all of the following:
(a) The control, management, and operation of the general affairs of the department.
(b) Supervision and control of probationers and probation officers throughout this state.
(c) The manner in which applications for pardon, reprieve, medical commutation, or commutation shall be
made to the governor; the procedures for handling applications and recommendations by the parole board; the
manner in which paroles shall be considered, the criteria to be used to reach release decisions, the procedures
for medical and special paroles, and the duties of the parole board in those matters; interviews on paroles and
for the notice of intent to conduct an interview; the entering of appropriate orders granting or denying paroles;
the supervision and control of paroled prisoners; and the revocation of parole.
(d) The management and control of state penal institutions, correctional farms, probation recovery camps,
and programs for the care and supervision of youthful trainees separate and apart from persons convicted of
crimes within the jurisdiction of the department. Except as provided for in section 62(3), this subdivision does
not apply to detention facilities operated by local units of government used to detain persons less than 72
hours. The rules may permit the use of portions of penal institutions in which persons convicted of crimes are
detained. The rules shall provide that decisions as to the removal of a youth from the youthful trainee facility
or the release of a youth from the supervision of the department shall be made by the department and shall
assign responsibility for those decisions to a committee.
(e) The management and control of prison labor and industry.
(f) The director may promulgate rules providing for the creation and operation of a lifetime electronic
monitoring program to conduct electronic monitoring of individuals, who have served sentences imposed for
certain crimes, following their release from parole, prison, or both parole and prison.
(2) The director may promulgate rules providing for a parole board structure consisting of 3-member
panels.
(3) The director may promulgate further rules with respect to the affairs of the department as the director
considers necessary or expedient for the proper administration of this act. The director may modify, amend,
supplement, or rescind a rule.
(4) The director and the corrections commission shall not promulgate a rule or adopt a guideline that does
either of the following:
(a) Prohibits a probation officer or parole officer from carrying a firearm while on duty.
(b) Allows a prisoner to have his or her name changed. If the Michigan supreme court rules that this
subdivision is violative of constitutional provisions under the first and fourteenth amendments to the United
States constitution and article I, sections 2 and 4 of the state constitution of 1963, the remaining provisions of
the code shall remain in effect.
History: 1953, Act 232, Eff. Oct. 2, 1953;Am. 1966, Act 210, Imd. Eff. July 11, 1966;Am. 1982, Act 314, Imd. Eff. Oct. 15,
1982;Am. 1984, Act 102, Imd. Eff. May 8, 1984;Am. 1986, Act 271, Imd. Eff. Dec. 19, 1986;Am. 1996, Act 104, Eff. Apr. 1,
1996;Am. 2006, Act 172, Eff. Aug. 28, 2006.
Compiler's note: In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second
sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the
committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in
providing for the Legislature's reservation  of authority to approve or disapprove rules proposed by executive branch agencies, did not
comply with the enactment and presentment requirements of Const 1963, Art 4, and violated the separation of powers provision of Const
1963, Art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions
remaining effective. Blank v Department of Corrections, 462 Mich 103 (2000).
Popular name: Department of Corrections Act
Administrative rules: R 791.1101 et seq. of the Michigan Administrative Code


PRISON CODE (EXCERPT)
Act 118 of 1893
AN ACT to revise and consolidate the laws relative to state prisons, to state houses of correction, and
branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts
inconsistent therewith.
History: 1893, Act 118, Imd. Eff. May 26, 1893;Am. 1978, Act 80, Eff. Sept. 1, 1978.
Popular name: Prison Code
The People of the State of Michigan enact:

800.43 Receipt or possession of certain material; prohibition; list; notice; appeal; limits on
amount.
Sec. 43. (1) The department may prohibit a prisoner from receiving or possessing any material that the
department determines under this section is detrimental to the security, good order, or discipline of the
institution, or that may facilitate or encourage criminal activity, or that may interfere with the rehabilitation of
any prisoner. The department shall not prohibit a prisoner from receiving or possessing any material solely
because the content of that material is religious, philosophical, political, social, or sexual, or because it is
unpopular or repugnant. Material that may be prohibited under this section includes, but is not limited to, any
of the following:
(a) Material that depicts or describes procedures for constructing or using weapons, ammunition, bombs, or
incendiary devices.
(b) Material that depicts, encourages, or describes methods of escaping from correctional facilities or that
contains blueprints, drawings, or similar descriptions of department institutions or facilities.
(c) Material that depicts or describes procedures for manufacturing alcoholic beverages or drugs.
(d) Material that is written in code.
(e) Material that depicts, describes, or encourages activities that may lead to the use of physical violence or
group disruption.
(f) Material that encourages or provides instruction in criminal activity.
(g) Material that is sexually explicit and that by its nature or content poses a threat to the security, good
order, or discipline of the institution, facilitates criminal activity, or interferes with the rehabilitation of any
prisoner.
(2) The department of corrections shall not establish a list of material that may be prohibited under this
section before the material is reviewed. This subsection does not prevent the department from prohibiting
other prisoners from receiving or possessing identical copies of the material without review after the material
has been initially reviewed.
(3) If a publication is prohibited by the department, the department shall promptly notify the prisoner in
writing that the material is prohibited and the reasons it is prohibited. The notice shall state the specific
content upon which the prohibition is based. The department shall allow the prisoner to review the material to
determine whether he or she wishes to administratively appeal the department's decision to prohibit the
material unless the review would threaten the security, good order, or discipline of the institution, encourage
or provide instruction in criminal activity, or interfere with the rehabilitation of any prisoner.
(4) This section does not prohibit the department from setting limits on the amount of material an inmate
may receive or retain in his or her quarters for fire, sanitation, or housekeeping reasons.
History: Add. 1996, Act 549, Imd. Eff. Jan. 15, 1997.
Compiler's note: Former MCL 800.43, which pertained to prison books and papers as public property, was repealed by Act 179 of
1972, Imd. Eff. June 16, 1972.
Popular name: Prison Code


LIQUOR, NARCOTICS, AND WEAPONS PROHIBITED IN PRISONS (EXCERPT)
Act 17 of 1909
AN ACT to prohibit or limit the access by prisoners and by employees of correctional facilities to certain
weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and
controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto
certain facilities and real property, and the disposition of, certain weapons, substances, and wireless
communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances,
and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons,
substances, and wireless communication devices by prisoners; and to prescribe penalties.
History: 1909, Act 17, Eff. Sept. 1, 1909;Am. 1977, Act 164, Imd. Eff. Nov. 10, 1977;Am. 1982, Act 343, Imd. Eff. Dec. 21,
1982;Am. 2006, Act 540, Imd. Eff. Dec. 29, 2006.
The People of the State of Michigan enact:

800.283 Weapons; prohibitions.
Sec. 3. (1) Unless authorized by the chief administrator of the correctional facility, a weapon or other
implement which may be used to injure a prisoner or other person, or in assisting a prisoner to escape from
imprisonment, shall not be sold, given, or furnished, either directly or indirectly, to a prisoner who is in or on
the correctional facility, or be disposed of in a manner or in a place that it may be secured by a prisoner who
is in or on the correctional facility.
(2) Unless authorized by the chief administrator of the correctional facility, a person, who knows or has
reason to know that another person is a prisoner, shall not sell, give, or furnish, either directly or indirectly, to
that prisoner anywhere outside of a correctional facility a weapon or other implement which may be used to
injure a prisoner or other person or in assisting a prisoner to escape from imprisonment.
(3) Unless authorized by the chief administrator of the correctional facility, a weapon or other implement
which may be used to injure a prisoner or other person, or in assisting a prisoner to escape from
imprisonment, shall not be brought into or onto any correctional facility.
(4) Unless authorized by the chief administrator of the correctional facility, a prisoner shall not have in his
or her possession or under his or her control a weapon or other implement which may be used to injure a
prisoner or other person, or to assist a prisoner to escape from imprisonment.
History: 1909, Act 17, Eff. Sept. 1, 1909;CL 1915, 1829;CL 1929, 17655;CL 1948, 800.283;Am. 1972, Act 105, Imd. Eff.
Mar. 29, 1972;Am. 1982, Act 343, Imd. Eff. Dec. 21, 1982.
Constitutionality: In People v Stanton, 400 Mich. 192; 253 NW2d 650 (1977), the Michigan supreme court declared 1972 PA 105,
which amended this section, unconstitutional due to a defect in the title to 1909 PA 17. The law as embodied in the 1972 amendment was
voided, not the act title. The amendment of the title by 1977 PA 164 following the declaration of unconstitutionality of a portion of the
act itself did not suffice to resurrect the voided portion. If the voided portion is to be once again considered a part of the law, it must be
“revised, altered, or amended” and “re-enacted and published at length” pursuant to Const 1963, art IV, § 25. People v Clabin, 411 Mich
472; 307 NW2d 682 (1981). This section and the title to 909 PA 17 were subsequently amended by 1982 PA 343.

800.284 Search of persons coming to correctional facility.
Sec. 4. The chief administrator of a correctional facility may search, or have searched, any person coming
to the correctional facility as a visitor, or in any other capacity, who is suspected of having any weapon or
other implement which may be used to injure a prisoner or other person or in assisting a prisoner to escape
from imprisonment, or any alcoholic liquor, prescription drug, poison, or controlled substance upon his or her
person.
History: 1909, Act 17, Eff. Sept. 1, 1909;CL 1915, 1830;CL 1929, 17656;CL 1948, 800.284;Am. 1982, Act 343, Imd. Eff.
Dec. 21, 1982.

800.285 Violation as felony; penalty; prosecution for delivery or possession of controlled
substance.
Sec. 5. (1) Except as provided in subsection (2), a person violating this act is guilty of a felony, punishable
by a fine of not more than $1,000.00, or imprisonment for not more than 5 years, or both.
(2) If the delivery of a controlled substance is a felony punishable by imprisonment for more than 5 years
under part 74 of Act No. 368 of the Public Acts of 1978, being sections 333.7401 to 333.7415 of the
Michigan Compiled Laws, a person who gives, sells, or furnishes a controlled substance in violation of
section 1 of this act shall not be prosecuted under this section for that giving, selling, or furnishing. If the
possession of a controlled substance is a felony punishable by imprisonment for more than 5 years under part
74 of Act No. 368 of the Public Acts of 1978, a person who possesses, or brings into a correctional facility, a
controlled substance in violation of section 1 of this act shall not be prosecuted under this section for that
possession.
History: 1909, Act 17, Eff. Sept. 1, 1909;CL 1915, 1831;CL 1929, 17657;CL 1948, 800.285;Am. 1982, Act 343, Imd. Eff.
Dec. 21, 1982.


COUNTY JAIL OVERCROWDING STATE OF EMERGENCY (EXCERPT)
Act 325 of 1982
AN ACT to authorize county sheriffs to declare a county jail overcrowding state of emergency; to
prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide
remedies for a county jail overcrowding state of emergency.
History: 1982, Act 325, Eff. Feb. 8, 1983.
Popular name: Jail Overcrowding Emergency Powers Act
The People of the State of Michigan enact:

801.51a County jail population exceeding 95% of jail's rated design capacity; actions by
county sheriff; maximum value of outstanding bonds; duration; applicability of
subsections (1) to (3).
Sec. 1a. (1) In a county other than a county described in subsection (4), the sheriff of that county shall take
the following actions on the fifth consecutive day on which the general population of the county jail exceeds
95% of the jail's rated design capacity:
(a) The sheriff shall review the outstanding bonds for each prisoner. If the total of a prisoner's outstanding
bonds does not exceed a maximum value determined as provided in subsection (2), the sheriff, subject to the
approval of the chief circuit judge in that county, shall modify each outstanding bond for that prisoner to a
personal recognizance bond in that same amount, issue to the prisoner a receipt similar to an interim bond
receipt, and send a copy of the receipt to the court that set the bond.
(b) The following prisoners, except for any prisoner that the chief circuit judge in that county believes
would present a threat to the public safety if released, shall be released immediately:
(i) Any sentenced prisoner who has served 85% or more of his or her sentence, unless he or she is serving a
sentence for a violent or assaultive offense, sex offense, prison or jail escape offense, weapons offense, drunk
driving offense, or a controlled substance offense except possession of less than 25 grams of a controlled
substance.
(ii) Any prisoner detained in the county jail for a civil contempt adjudication for failure to pay child
support who has no other charges pending against him or her.
(2) The maximum value of outstanding bonds, for purposes of subsection (1)(a), shall be determined by a
majority vote of the following individuals, as applicable:
(a) In a single-county or multicounty judicial district, the chief circuit judge for the judicial circuit that
includes that county, the chief district judge for that district, and the sheriff of the county.
(b) In a county containing 2 or more judicial districts, the chief circuit judge for the judicial circuit that
includes that county, the chief probate judge for that county, the sheriff of the county, and 2 district judges
chosen by the chief district judges sitting in that county.
(3) A determination made under subsection (2) remains in effect for 1 year after the date on which that
determination was made.
(4) Subsections (1) to (3) do not apply to either of the following:
(a) A county for which a county jail management plan has been approved under section 9a.
(b) A county having a population greater than 650,000 as of the most recent federal decennial census that,
on the effective date of this section, has implemented a written jail management plan in which the basis of the
plan is jail bed allocation. The exception provided by this subsection applies only as long as that plan remains
in effect.
History: Add. 2007, Act 140, Eff. Feb. 11, 2008.
Popular name: Jail Overcrowding Emergency Powers Act

801.58 Failure of certain actions to reduce population to level prescribed in MCL 801.56(1);
deferring acceptance for incarceration of certain persons.
Sec. 8. (1) Except as otherwise provided in this subsection and subsection (2), if the actions taken pursuant
to sections 5, 6, and 7 do not reduce the county jail's population to the level prescribed in section 6(1) within
42 days of the declaration of the county jail overcrowding state of emergency, the sheriff shall defer
acceptance for incarceration in the general population of the county jail persons sentenced to or otherwise
committed to the county jail for incarceration until the county jail overcrowding state of emergency is ended
pursuant to section 9, except that the sheriff shall not defer acceptance for incarceration all persons under
sentence for or charged with violent or assaultive crimes, sex offenses, escape from prison or jail, drunk
driving offenses, controlled substance offenses except possession of less than 25 grams of a controlled
substance, or weapons offenses.
(2) The sheriff shall not defer acceptance of a prisoner for incarceration into the general population of the
county jail if both of the following occur:
(a) The sheriff or the sentencing judge presents to the chief circuit judge for the county in which the county
jail is located information alleging that deferring acceptance of the prisoner for incarceration would constitute
a threat to public safety.
(b) The chief circuit judge, based upon the presence of a threat to public safety, approves of accepting the
prisoner for incarceration.
History: 1982, Act 325, Eff. Feb. 8, 1983;Am. 1988, Act 399, Imd. Eff. Dec. 27, 1988;Am. 2007, Act 140, Eff. Feb. 11, 2008.
Popular name: Jail Overcrowding Emergency Powers Act

801.60 Listing of crimes and offenses; development.
Sec. 10. For purposes of sections 1a and 8, a listing of violent or assaultive crimes, sex offenses, escape
from prison or jail offenses, drunk driving offenses, controlled substance offenses except possession of less
than 25 grams of a controlled substance, and weapons offenses shall be developed by the department of
attorney general.
History: 1982, Act 325, Eff. Feb. 8, 1983;Am. 2007, Act 140, Eff. Feb. 11, 2008.
Compiler's note: For transfer of powers and duties of former office of criminal justice under the county jail overcrowding act from
department of management and budget to office of attorney general, see E.R.O. No. 1994-6, compiled at MCL 801.71 of the Michigan
Compiled Laws.
Popular name: Jail Overcrowding Emergency Powers Act


ALCOHOLIC LIQUOR, CONTROLLED SUBSTANCES, AND WEAPONS (EXCERPT)
Act 7 of 1981
AN ACT to prohibit without authorization the bringing into jails and other specified areas any alcoholic
liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the
improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the
possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other
items; to prescribe a penalty; and to repeal certain acts and parts of acts.
History: 1981, Act 7, Eff. June 1, 1981.
The People of the State of Michigan enact:

801.261 Definitions.
Sec. 1. As used in this act:
(a) “Alcoholic liquor” means any spiritous, vinous, malt, or fermented liquor, liquid, or compound whether
or not medicated, containing 1/2 of 1% or more of alcohol by volume and which is or readily can be made
suitable as a beverage.
(b) “Controlled substance” means a drug, substance, or immediate precursor in schedules 1 to 5 of part 72
of Act No. 368 of the Public Acts of 1978, as amended, being sections 333.7201 to 333.7231 of the Michigan
Compiled Laws.
(c) “Jail” means a municipal or county jail, work-camp, lockup, holding center, half-way house,
community corrections center, house of correction, or any other facility maintained by a municipality or
county which houses prisoners.
(d) “Prisoner” means a person incarcerated in a jail or a person committed to a jail for incarceration who is
a participant in a work release or vocational or educational study release program.
History: 1981, Act 7, Eff. June 1, 1981;Am. 1985, Act 46, Imd. Eff. June 14, 1985.

801.262 Prohibited acts; weapons.
Sec. 2. (1) Unless authorized by the chief administrator of the jail, a person shall not do either of the
following:
(a) Bring into a jail or a building appurtenant to a jail, or onto the grounds used for jail purposes, for the
use or benefit of a prisoner, any weapon or other item that may be used to injure a prisoner or other person, or
used to assist a prisoner in escaping from jail.
(b) Sell or furnish to a prisoner, or dispose of in a manner that allows a prisoner access to the weapon or
other item, any weapon or other item which may be used to injure a prisoner or other person, or used to assist
a prisoner in escaping from jail.
(2) Unless authorized by the chief administrator of the jail, a prisoner shall not possess or have under his or
her control any weapon or other item that may be used to injure a prisoner or other person, or used to assist a
prisoner in escaping from jail.
History: 1981, Act 7, Eff. June 1, 1981.

801.265 Violation as felony; penalty; exception.
Sec. 5. (1) Except as provided in subsection (2), a person who violates this act is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.
(2) If a violation of section 3 involving a controlled substance constitutes the delivery, possession with
intent to deliver, or possession of or other action involving a controlled substance that is punishable by
imprisonment for more than 5 years under part 74 of the public health code, 1978 PA 368, MCL 333.7401 to
333.7461, the person shall not be prosecuted under this act for that violation.
History: 1981, Act 7, Eff. June 1, 1981;Am. 1999, Act 28, Eff. Aug. 1, 1999.