Legislative Analysis
FIREARM POSSESSION PROHIBITION: EXPAND FELONIES Phone: (517) 373-8080
http://www.house.mi.gov/hfa
AND ADD DOMESTIC VIOLENCE MISDEMEANORS
Analysis available at
Senate Bills 471 (S-3) and 472 as reported from House committee http://www.legislature.mi.gov
Sponsor: Sen. Stephanie Chang
Senate Bill 528 (H-1) as reported from House committee
Sponsor: Sen. Sue Shink
House Committee: Criminal Justice
Senate Committee: Civil Rights, Judiciary, and Public Safety
Revised 10-28-23
BRIEF SUMMARY:
Senate Bill 471 would amend the Michigan Penal Code to expand the list of crimes that now
bar a person from possessing a firearm for three years after completing their sentence (or five
years for specified crimes). The bill would also prohibit a person convicted of specified
misdemeanors involving domestic violence from possessing a firearm for eight years after
completing their sentence. (MCL 750.224f)
Senate Bill 472 would make complementary changes to the sentencing guidelines provisions
in the Code of Criminal Procedure. (MCL 777.16m)
Senate Bill 528 would amend six sections of the Michigan Penal Code (those concerning
breaking and entering or entering without breaking, vulnerable adult abuse in the fourth degree,
malicious destruction of property, malicious destruction of real property, stalking, and
malicious use of a telecommunications service or device). The bill would add new paragraphs
to these provisions to create subset offenses whose elements include the relationships between
offender and victim that define domestic violence. The bill would not change any current
penalties for these offenses or any other elements of the underlying offense. Violations of the
applicable sections are already misdemeanor offenses regardless of the relationship between
the offender and the victim—that is, offenses involving domestic violence elements are already
currently a subset of those existing crimes. The bill would simply create discrete paragraphs
that prohibit committing a violation that additionally includes the domestic violence elements.
For individuals charged with and convicted for violations of those new provisions, the record
of conviction would show that they committed a misdemeanor offense involving domestic
violence and are consequently subject to the eight-year firearm possession prohibition that
would apply to those crimes under SB 471. This separation of misdemeanor offenses that
involve domestic violence and those that do not into different provisions would therefore
provide an invaluable tool for prosecutors in charging crimes and for law enforcement in
determining whether a person is subject to the eight-year ban. It also provides a clear way to
reference in SB 471 the misdemeanors involving domestic violence that the firearm possession
prohibition would apply to. (Senate Bill 528 amends MCL 750.115 et seq.)
House Fiscal Agency Page 1 of 28
 The following detailed summary of the bills does not treat each bill separately, but instead
describes current state law, the expansion of the three- and five-year possession bans (SB 471),
and the possession ban for domestic violence misdemeanors (SBs 471 and 528), in that order.
For purposes of that description, the changes made by SB 528, described above, are largely
assumed, rather than described again at length.
DETAILED SUMMARY:
Current state law
Section 224f of the Michigan Penal Code now prohibits a person convicted of a felony from
possessing, transporting, selling, purchasing, shipping, receiving, or distributing a firearm or
ammunition in Michigan until three years have passed since the person paid any fines, served
any imprisonment, and completed any conditions of parole or probation for the violation.
Felony, for purposes of section 224f, is defined as a violation of a law of this state, or
of another state, or of the United States that is punishable by imprisonment for four
years or more, or an attempt to violate such a law. 1
In addition, the act prohibits a person convicted of a specified penalty from possessing,
transporting, selling, purchasing, shipping, receiving, or distributing a firearm or ammunition
in Michigan until five years have passed since the person paid any fines, served any
imprisonment, and completed any conditions of parole or probation for the violation and the
person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a
firearm or ammunition has been restored by the circuit court upon petition as provided in
section 4 of 1927 PA 372. 2
Specified felony is defined as a felony to which one or more of the following apply:
• An element of the felony is the use, attempted use, or threatened use of physical
force against the person or property of another, or by its nature, the felony
involves a substantial risk that physical force against the person or property of
another may be used in the course of committing the offense.
• An element of the felony is the unlawful manufacture, possession, importation,
exportation, distribution, or dispensing of a controlled substance.
• An element of the felony is the unlawful possession or distribution of a firearm.
• An element of the felony is the unlawful use of an explosive.
• The felony is burglary of an occupied dwelling, breaking and entering an
occupied dwelling, or arson.
A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or
distributes a firearm or ammunition in violation of the above prohibitions is guilty of a felony
punishable by imprisonment for up to five years or a fine of up to $5,000, or both.
The above prohibitions do 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 cannot possess a firearm or ammunition.
1
Generally under Michigan law, including the Michigan Penal Code, a felony is a violation of law punishable by
imprisonment for more than one year. Section 224f, however, has this specialized definition of felony that narrows its
scope to only those felonies punishable by four or more years’ imprisonment.
2
See http://legislature.mi.gov/doc.aspx?mcl-28-424
House Fiscal Agency SBs 471, 472, and 528 as passed by the Senate Page 2 of 28
 Felony possession prohibitions
Senate Bill 471 would amend the specialized definition given to the term felony for purposes
of section 224f to read as follows:
Felony would mean a violation of a law of this state, or of another state, or of the
United States that is punishable by imprisonment for a term exceeding one year, or an
attempt to violate such a law.
This change would expand the scope of the section and increase the number of offenses to
which the current three-year firearms and ammunition prohibition would apply. It also would
expand the offenses that are considered specified felonies and are subject to that five-year
prohibition and reinstatement requirement. 3 Both of these prohibitions now apply only to those
violations of law that are punishable by imprisonment for four or more years. 4 Under Senate
Bill 471, they would apply to all violations punishable by imprisonment for more than one
year—that is, to all felonies and high court misdemeanors. 5 (Note that, since they would apply
after a sentence is completed, and are not themselves part of a sentence, they would apply to
all those whose sentences have not been completed when the bill takes effect, in addition to
those convicted or sentenced after that date. 6)
Senate Bill 471 also would make violations of laws of other states and of the United States that
are punishable by more than one year of imprisonment, but less than four, newly subject to
these felony possession prohibitions. A list of those laws is beyond the scope of this summary.
Table 1 lists Michigan offenses to which these provisions would newly apply under Senate Bill
471. 7 Offenses that appear to clearly meet the criteria of specified felony are lightly shaded.
While the state firearm possession prohibitions would newly apply under the bill to the offenses
in Table 1, many of those offenses are already subject to the federal possession ban under 18
USC 922, 8 which generally applies to convictions of a crime punishable by imprisonment for
more than one year. However, the federal law expressly exempts misdemeanors punishable by
imprisonment for two years or less and “offenses pertaining to antitrust violations, unfair trade
practices, restraints of trade, or other similar offenses relating to the regulation of business
practices.” The offenses that the federal law clearly does not apply to, but that would be subject
to the state possession ban under the bill, are blue in Table 1.
3
As described above, for a specified felony, the possession prohibition does not automatically expire at the end of the
five-year period. The circuit court must restore those rights by written order after the individual petitions for restoration
and the court finds that the individual’s record and reputation are such that the individual is not likely to act in a
manner that endangers the safety of others. For a judicial decision addressing the application of that requirement, see
https://www.courts.michigan.gov/497ceb/siteassets/case-
documents/uploads/opinions/final/coa/20061010_c261805_34_161o.261805.opn.coa.pdf
4
Note: Section 223 of the Michigan Penal Code, not included in Senate Bill 471 or 528, prohibits selling a firearm or
ammunition to a person who is under indictment for a felony, defined in that section as a violation of state or federal
law punishable by imprisonment for four years or more. This provision neither aligns with the bill’s definition of
felony nor takes into account the bills’ proposed treatment of domestic violence misdemeanors.
5
Offenses designated as misdemeanors that carry a maximum penalty of up to two years in prison are called “high
court misdemeanors.” They are generally treated as felonies under Michigan law.
6
See https://scholar.google.com/scholar_case?case=17756376557084677813
7
Part 2 of Chapter XVII of the Code of Criminal Procedure lists felonies subject to sentencing guidelines and shows
their maximum term of imprisonment. https://www.legislature.mi.gov/documents/mcl/pdf/mcl-175-1927-XVII-2.pdf
8
https://www.law.cornell.edu/uscode/text/18/922
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Table 1 – Offenses to be included in felony possession ban after change from 4+ years of imprisonment to 1+ years
MCL Act Brief description Type Maximum
imprisonment
4.421(1) 1978 PA 472 (lobbyist Lobbyist employed for compensation contingent on the Felony 3 years
registration act) outcome of a legislative or administrative action
4.421(2) 1978 PA 472 (lobbyist Lobbyist giving gift or loan with value of more than Felony 3 years
registration act) $3,000
28.435(14)(c) 1927 PA 372 (firearm Firearm sale without trigger lock, gun case, or storage Felony 2 years
licensure act) container – third or subsequent offense
28.729(2) Sex Offenders Failure to report to verify sex offender registration Misdemeanor 2 years
Registration Act information (violation of MCL 28.725a)
35.929 Veterans’ Military Pay Willful false statement in application for veterans benefits Felony 3 years
Act
35.980 Korean Veterans’ Willful false statement in application for Korean veterans Felony 3 years
Military Pay Fund Act benefits
35.1029 Vietnam Veteran Era Willful false statement in application for Vietnam veterans Felony 3 years
Bonus Act benefits
38.516 1937 PA 78 (fire and Appointing or employing someone contrary to the act or Misdemeanor 2 years
police civil service act) otherwise violating the act
47.8 1913 PA 275 (board of Payment of claim against county before audit Misdemeanor 2 years
county auditors act)
47.13 9 1913 PA 275 (board of Any other violation of the act Misdemeanor 2 years
county auditors)
51.364 1966 PA 298 (sheriff’s Appointing or employing someone contrary to the act or Misdemeanor 2 years
department civil service otherwise violating the act
act)
9
This offense is not listed in the sentencing guidelines provisions of the Code of Criminal Procedure.
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 MCL Act Brief description Type Maximum
imprisonment
110.28 Fourth Class City Act Misappropriation of city money or property [not 3 years
specified] 10
168.731(4) Michigan Election Law Filing false statement regarding election challengers or Felony 2 years
failing to perform duties under section
168.734 Michigan Election Law Election officer or board preventing presence of election [not specified] 2 years
challenger or refusing conveniences needed to perform
challenger’s duties
169.224b(5) Michigan Campaign Unlawful independent expenditure committee Felony 3 years
Finance Act contributions
169.233(12) Michigan Campaign Failure to file certain campaign statements for two Felony 3 years
Finance Act consecutive years
169.254(5) Michigan Campaign Unlawful corporate or labor union campaign contributions Felony 3 years
Finance Act
169.255(9) Michigan Campaign Violation of the section, which concerns separate Felony 3 years
Finance Act segregated funds for political purposes
169.266(4) Michigan Campaign Unlawful treatment of funds received from the State Felony 3 years
Finance Act Campaign Fund
257.602a(2) Michigan Vehicle Code Fourth-degree fleeing and eluding Felony 2 years
257.616a(2)(b) Michigan Vehicle Code Unauthorized use of signal disruption device Felony 2 years
257.616a(2)(f) Michigan Vehicle Code Unauthorized sale or purchase of signal disruption device Felony 2 years
257.625(10)(c) Michigan Vehicle Code Allowing vehicle to be operated by someone intoxicated Felony 2 years
or visibly impaired causing serious impairment of body
function
10
In general, offenses punishable by imprisonment for more than one year are considered felonies under Michigan law unless otherwise specified.
House Fiscal Agency SBs 471, 472, and 528 (H-1) as reported from House committee Page 5 of 28
 MCL Act Brief description Type Maximum
imprisonment
257.653a(3) Michigan Vehicle Code Failure to slow and use due caution when passing Felony 2 years
emergency vehicle causing injury
257.904(7)