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 Bill 471 as enacted http://www.legislature.mi.gov
Public Act 201 of 2023
Sponsor: Sen. Stephanie Chang
House Bill 4945 as enacted
Public Act 200 of 2023
Sponsor: Rep. Amos O’Neal
Senate Bill 528 as enacted
Public Act 199 of 2023
Sponsor: Sen. Sue Shink
House Committee: Criminal Justice
Senate Committee: Civil Rights, Judiciary, and Public Safety
Complete to 2-15-24
BRIEF SUMMARY:
Senate Bill 471 amends the Michigan Penal Code to prohibit a person convicted of specified
misdemeanors involving domestic violence from possessing a firearm for eight years after
completing their sentence. The bill also expands 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). (MCL 750.224f)
House Bill 4945 makes complementary changes to the sentencing guidelines provisions in the
Code of Criminal Procedure. (MCL 777.16m)
Senate Bill 528 amends 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 adds new paragraphs to
these provisions to create subset offenses whose elements include the relationships between
offender and victim that define domestic violence. The bill does not change any current
penalties for these offenses or any other elements of the underlying offense. Violations of the
applicable sections were already misdemeanor offenses regardless of the relationship between
the offender and the victim—that is, offenses involving domestic violence elements were
already currently a subset of those existing crimes. The bill simply creates discrete paragraphs
that prohibit committing a violation that includes the domestic violence elements.
Under the bill, for individuals convicted for violations of those new provisions, the record of
conviction will show that they committed a misdemeanor offense involving domestic violence
and are consequently subject to the eight-year firearm possession prohibition that applies to
those crimes under SB 471. This separation of misdemeanor offenses that involve domestic
violence and those that do not into different provisions therefore provides a tool for law
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 enforcement in determining whether a person is subject to the eight-year ban, and a tool for
prosecutors in charging crimes. It also provides a clear way to reference, in the provisions in
SB 471, the misdemeanors involving domestic violence that the firearm possession prohibition
applies to. (MCL 750.115 et seq.)
The bills took effect February 13, 2024.
The following summary does not treat each bill separately, but instead describes the possession
ban for domestic violence misdemeanors (SBs 471 and 528) and the expansion of crimes
subject to the three- and five-year possession bans (SB 471).
DETAILED SUMMARY:
Section 224f of the Michigan Penal Code prohibits a person convicted of a felony (see
“Definition of felony,” below) 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.
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 both of the following are met:
• Five years have passed since the person paid any fines, served any imprisonment, and
completed any conditions of parole or probation for the violation.
• 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. 1
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
See http://legislature.mi.gov/doc.aspx?mcl-28-424
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 Domestic violence misdemeanors
Senate Bill 471 additionally prohibits a person convicted of a misdemeanor involving domestic
violence from possessing, using, transporting, selling, purchasing, carrying, shipping,
receiving, or distributing a firearm or ammunition in Michigan until eight years after the person
has paid any fines, served any terms of imprisonment, and completed any probation conditions
imposed for the violation.
Misdemeanor involving domestic violence means any of the following:
• A violation of any of the Michigan Penal Code provisions listed and described
in Table 1, below.
• A violation of an ordinance, a law of another state, or a law of the United States
that substantially corresponds to a violation in Table 1.
• A violation of an ordinance, a law of another state, or a law of the United States
that is specifically designated as domestic violence.
Table 1 – Misdemeanors involving domestic violence
MCL Description
750.81(2) Assault or assault and battery of the person’s spouse or former spouse, an
individual with whom they have or have had a dating relationship, an
individual with whom they have had a child in common, or a resident or
former resident of the same household
750.81(4) Assault or assault and battery in violation of MCL 750.81(2) (above), with
a prior conviction under MCL 750.81(2)
750.81a(2) Aggravated assault 2 of the person’s spouse or former spouse, an
individual with whom they have or have had a dating relationship, an
individual with whom they have had a child in common, or a resident or
former resident of the same household
750.115(2) Breaking and entering, or entering without breaking, into an occupied or
unoccupied dwelling or other structure without permission to enter from
(as amended by
the person having control of the property and that other person is the
Senate Bill 528)
violator’s spouse or former spouse, an individual with whom they have or
have had a dating relationship, an individual with whom they have had a
child in common, or a resident or former resident of the same household
750.145n(5) Vulnerable adult abuse in the fourth degree 3 if the caregiver or other
person with authority over a vulnerable adult is the vulnerable adult’s
(as amended by
spouse or former spouse, an individual with whom they have or have had
Senate Bill 528)
a dating relationship, an individual with whom they have had a child in
common, or a resident or former resident of their household
2
Assault without a weapon inflicting serious or aggravated injury without intending to commit murder or inflict great
bodily harm less than murder.
3
The caregiver or person with authority over a vulnerable adult commits a reckless act or reckless failure to act causing
physical harm to the vulnerable adult or knowingly or intentionally commits an act that poses an unreasonable risk of
harm or injury to a vulnerable adult, whether physical harm results or not.
House Fiscal Agency SBs 471 and 528 and HB 4945 as enacted Page 3 of 29
 MCL Description
750.377a(1)(d) Willfully or maliciously destroying or damaging, to the amount of $200
or more but less than $1,000 or to the amount of less than $200 with one
(as amended by
or more prior convictions for willful and malicious destruction, the
Senate Bill 528)
personal property of the person’s spouse or former spouse, an individual
with whom they have or have had a dating relationship, an individual with
whom they have had a child in common, or a resident or former resident
of the same household
750.377a(1)(f) Willfully or maliciously destroying or damaging, to the amount of less
than $200, the personal property of the person’s spouse or former spouse,
(as amended by
an individual with whom they have or have had a dating relationship, an
Senate Bill 528)
individual with whom they have had a child in common, or a resident or
former resident of the same household
750.380(5) Willfully or maliciously destroying or damaging, to the amount of $200
or more but less than $1,000 or to the amount of less than $200 with one
(as amended by
or more prior convictions for willful and malicious destruction, the house,
Senate Bill 528)
barn, or other building of the person’s spouse or former spouse, an
individual with whom they have or have had a dating relationship, an
individual with whom they have had a child in common, or a resident or
former resident of the same household
750.380(7) Willfully or maliciously destroying or damaging, to the amount of less
than $200, the house, barn, or other building of the person’s spouse or
(as amended by
former spouse, an individual with whom they have or have had a dating
Senate Bill 528)
relationship, an individual with whom they have had a child in common,
or a resident or former resident of the same household
750.411h(2)(c) Stalking 4 if the victim is the person’s spouse or former spouse, an
individual with whom they have or have had a dating relationship, an
(as amended by
individual with whom they have had a child in common, or a resident or
Senate Bill 528)
former resident of the same household
750.540e(1)(h) Malicious use of a service provided by a telecommunications service
provider with intent to terrorize, frighten, intimidate, threaten, harass,
(as amended by
molest, or annoy another person or disturb the peace and quiet of another
Senate Bill 528)
person by performing any of the actions described in MCL 750.540e
when the other person is the violator’s spouse or former spouse, an
individual with whom they have or have had a dating relationship, an
individual with whom they have had a child in common, or a resident or
former resident of the same household
For purposes of the provisions described in Table 1, dating relationship means
frequent, intimate associations primarily characterized by the expectation of affectional
involvement. It does not include a casual relationship or an ordinary fraternization
between two individuals in a business or social context.
4
A willful course of conduct involving repeated or continuing harassment of another individual that would cause a
reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and actually causes the
victim to feel so.
House Fiscal Agency SBs 471 and 528 and HB 4945 as enacted Page 4 of 29
 A person violating the above prohibition (i.e., by possessing firearms or ammunition during
the eight-year period) 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 prohibition 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 cannot possess a firearm or ammunition.
Definition of felony
Previously (before SB 471 was enacted), felony, for purposes of the provisions described
above, was defined as a violation of a law of this state, another state, or the United States that
is punishable by imprisonment for four years or more, or an attempt to violate such a law. 5
Senate Bill 471 amends the specialized definition given to the term felony to mean a violation
of a law of this state, another state, or the United States that is punishable by imprisonment for
a term exceeding one year, or an attempt to violate such a law.
This change expands the scope of the provisions described above and increases the number of
offenses the three-year firearms and ammunition prohibition apply to. It also expands the
specified felonies subject to the five-year prohibition and reinstatement requirement. 6 Both of
these prohibitions previously applied only to felonies punishable by imprisonment for four or
more years. 7 Under Senate Bill 471, they apply to all violations punishable by imprisonment
for more than one year—that is, to all felonies and all high court misdemeanors. 8 (Note that,
since they apply after a sentence is completed, and are not themselves part of a sentence, they
appear to apply to all those whose sentences were not completed by February 13, 2024, when
the bill took effect, in addition to those convicted or sentenced after that date. 9)
Senate Bill 471 also makes 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 2 lists Michigan offenses these provisions newly apply to under Senate Bill 471.10
Offenses that seem to clearly meet the criteria of specified felony are lightly shaded.
5
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, had a specialized definition of felony that narrowed its
scope to only those felonies punishable by four or more years’ imprisonment.
6
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 en