Legislative Analysis
FIREARM POSSESSION BAN: EXPAND FELONIES AND Phone: (517) 373-8080
http://www.house.mi.gov/hfa
ADD DOMESTIC VIOLENCE MISDEMEANORS
Analysis available at
House Bills 4945 and 4946 (H-1) as reported from committee http://www.legislature.mi.gov
Sponsor: Rep. Amos O’Neal
Committee: Criminal Justice
Complete to 10-27-23
SUMMARY:
House Bill 4946 would amend section 224f of the Michigan Penal Code to expand the list of
felonies for which a person may be prohibited from possessing, using, or transferring a firearm
or ammunition for three years (or, for specified felonies, at least five years).
The bill also would prohibit a person convicted of specified misdemeanors involving domestic
violence from possessing, using, or transferring a firearm or ammunition for eight years after
they have paid any fines, served any imprisonment, and completed any conditions of parole or
probation for the violation.
Current law
Section 224f 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.
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 a 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 Page 1 of 29
 • 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.
Amending definition of “felony”
The bill 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 the bill,
they would appear to apply to all violations punishable by imprisonment for more than one
year—that is, to all felonies and high court misdemeanors. 5
Note that the bill also would make violations of the 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.
Table 1 lists Michigan offenses to which these provisions would newly apply under the bill.6
Offenses that appear on their face to meet the criteria of specified felony are lightly shaded.
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 the bill, 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.
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
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
House Fiscal Agency HBs 4945 and 4946 (H-1) as reported Page 2 of 29
 Table 1 – Offenses to be included in felony possession ban due to 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 7 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)
7
Note: This offense is not listed in the sentencing guidelines provisions of the Code of Criminal Procedure.
House Fiscal Agency HBs 4945 and 4946 (H-1) as reported Page 3 of 29
 Table 1 – Offenses to be included in felony possession ban due to change from 4+ years of imprisonment to 1+ years
MCL Act Brief description Type Maximum
imprisonment
110.28 Fourth Class City Act Misappropriation of city money or property [not specified] 3 years
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
257.653a(3) Michigan Vehicle Code Failure to slow and use due caution when passing Felony 2 years
emergency vehicle causing injury
House Fiscal Agency HBs 4945 and 4946 (H-1) as reported Page 4 of 29
 Table 1 – Offenses to be included in felony possession ban due to change from 4+ years of imprisonment to 1+ years
MCL Act Brief description Type Maximum
imprisonment
257.904(7) Michigan Vehicle Code Allowing vehicle to be operated by someone without a Felony 2 years
license causing serious impairment
257.1353 1986 PA 119 Failure by used motor vehicle parts dealer to record Felony 2 years
material matter, subsequent violation
257.1354(2) 1986 PA 119 Violation of certain record and payment requirements Felony 2 years
(MCL 257.1352(3), (4), or (5) or 257.1352a), subsequent
violation
257.1355 1986 PA 119 Failure to record transaction or falsifying record Felony 2 years
259.83(2)(b) Aeronautics Code Operating civil aircraft not in compliance with Felony 2 years
certification requirements, second violation within five
years of first
290.629(1) Weights and Measures Assaulting or injuring inspector or other official Misdemeanor 2 years
Act performing duties under act
290.650 Motor Fuels Quality Act Assaulting or obstructing director or authorized Misdemeanor 2 years
representative performing duties under act
290.650b(3) Motor Fuels Quality Act Violation of the section, which prohibits specific kinds of Felony 2 years
tampering, record falsification, failure to report, or
removal of seals
324.1608 Natural Resources and Assaulting, resisting, or obstructing corrections officer or Felony 2 years
Environmental other peace officer (penalty as provided in MCL
Protection Act (NREPA) 750.479(2))
324.3115(2) NREPA Knowing discharge of water pollutant, making false Felony 2 years
statement, or tampering with monitoring device
324.5531(4) NREPA Knowing release of air pollutant placing another in Felony 2 years
imminent danger of death or serious bodily injury
House Fiscal Agency HBs 4945 and 4946 (H-1) as reported Page 5 of 29
 Table 1 – Offenses to be included in felony possession ban due to change from 4+ years of imprisonment to 1+ years
MCL Act Brief description Type Maximum
imprisonment
324.8905(2) NREPA Littering involving infectious waste, pathological waste, Felony 2 years
or sharps
324.11151(2) NREPA Hazardous waste violation, false statement, or failure to Misdemeanor 2 years
report, second or subsequent violation
324.11151(3) NREPA Hazardous waste violation endangering another in [not specified] 2 years
disregard for human life
324.11549(2) NREPA Violation of MCL 324.11526e, which concerns solid Felony 2 years
waste generated in another country
324.11719(2) NREPA False statement in septage waste servicing license Felony 2 years
application or report (see MCL 324.11703)
324.12116(2) NREPA False statement in application or shipping document under Felony 2 years
Part 121 (Liquid Industrial By-Products)
324.20139(3) NREPA Knowing release of hazardous substance, making false Felony 2 years
statement, tampering with monitoring device, or
misrepresenting credentials
324.30316(3) NREPA