Bill Summary – FastDemocracy

Legislative Analysis
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OBTAINING OR PURCHASING FIREARMS ILLEGALLY
                                                                                          http://www.house.mi.gov/hfa
House Bill 6222 (H-1) as reported from committee                                          Analysis available at
Sponsor: Rep. Kelly Breen                                                                 http://www.legislature.mi.gov
House Bill 6223 (H-1) as reported from committee
Sponsor: Rep. Kara Hope
1st Committee: Criminal Justice
2nd Committee: Judiciary
Complete to 12-13-24
SUMMARY:
         House Bill 6222 would amend the Michigan Penal Code to increase the criminal penalties for
         illegally obtaining a firearm or illegally attempting to purchase one. The bill also would require
         licensed gun dealers to report attempts to illegally purchase a firearm to the police and make
         failure to do so a felony.
         Currently under the code, a person who obtains a firearm in violation of section 2 of 1927 PA
         372, the firearms licensure act, is guilty of a misdemeanor punishable by imprisonment for up
         to 90 days or a fine of up to $100, or both. 1 The bill would instead provide that the person is
         guilty of a felony punishable by imprisonment for up to two years or a fine of up to $1,000, or
         both.
         In addition, a person who uses or attempts to use identification that is false or someone else’s
         to purchase a firearm is now guilty of a misdemeanor punishable by imprisonment for up to 90
         days or a fine of up to $100, or both. Under the bill, the person would be guilty of a felony
         punishable by imprisonment for up to two years or a fine of up to $1,000, or both. The bill
         would make knowingly attempting to purchase a firearm in violation of Michigan law an
         offense subject to the same penalties.
         Finally, the bill would newly require an individual engaged in the sale of firearms who has
         knowledge of an attempt to purchase a firearm from that individual in violation of Michigan
         law to notify a law enforcement agency with jurisdiction within 24 hours of the attempted
         purchase. An individual who fails to do so would be guilty of a felony punishable by
         imprisonment for up to two years or a fine of up to $1,000, or both.
         The code now provides that a person who intentionally makes a material false statement on an
         application for a license to purchase a firearm under section 2 of the firearms licensure act is
         guilty of a felony punishable by imprisonment for up to four years or a fine of up to $2,000, or
         both. The bill would not amend this provision.
         MCL 750.232a
1
 That section generally prohibits carrying, possessing, or transporting a pistol, or purchasing a firearm that is not a
pistol, without first obtaining a license. See https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-28-422
House Fiscal Agency                                                                                          Page 1 of 3
       House Bill 6223 would add the three new felonies described above to the sentencing guidelines
       provisions of the Code of Criminal Procedure. Obtaining a firearm in violation of section 2 of
       the firearms licensure act, attempting to purchase a firearm with false ID or knowingly
       attempting to purchase a firearm in violation of state law, or failing to report knowledge of an
       attempt to purchase a firearm in violation of state law would each be a Class G crime against
       public safety with a maximum term of imprisonment of two years.
        MCL 777.16m
        Each bill would take effect 90 days after it is enacted.
        House Bill 6223 can take effect only if House Bill 6222 is also enacted.
FISCAL IMPACT:
        House Bill 6222 would have an indeterminate fiscal impact on the state and on local units of
        government. Criminal penalties would be increased from misdemeanors to felonies for
        individuals convicted of illegally obtaining or illegally attempting to purchase firearms. Also,
        under the bill, licensed firearm dealers failing to notify law enforcement of illegal attempts to
        purchase firearms would be guilty of a felony punishable by imprisonment for not more than
        two years, or a fine of not more than $1,000, or both. Penalties changing from misdemeanors
        to felonies would lead to increased costs related to state prisons and state probation supervision
        and decreased costs for county jails. New felony convictions would also lead to increased costs
        related to state prisons and state probation supervision. Increased or decreased costs would
        depend on the number of individuals convicted and there is no practical way to estimate that
        number. In fiscal year 2023, for felony convictions, the average cost of prison incarceration in
        a state facility was roughly $48,700 per prisoner, a figure that includes various fixed
        administrative and operational costs. State costs for parole and felony probation supervision
        averaged about $5,400 per supervised offender in the same year. Those costs are financed with
        state general fund/general purpose revenue. For misdemeanor convictions, costs of local
        incarceration in county jails and local misdemeanor probation supervision, and how those costs
        are financed, vary by jurisdiction. Under the bill, existing fines would be increased from $100
        to $1,000 and a new fine of $1,000 would be added. Any increase in penal fine revenue would
        increase funding for public and county law libraries, which are the constitutionally designated
        recipients of those revenues. The fiscal impact on the judiciary and local court systems would
        depend on how provisions of the bill affected court caseloads and related administrative costs.
        House Bill 6223 is a companion bill to House Bill 6222 and would amend the sentencing
        guidelines chapter of the Code of Criminal Procedure to include the revisions to felonies
        included in House Bill 6222. Obtaining a firearm in violation of state law, attempting to
        purchase a firearm using false identification or knowingly in violation of state law, and a
        licensed firearm dealer failing to report illegal attempts to purchase firearms would be Class G
        felonies against public safety punishable by a statutory maximum of two years. The bill would
        not have a direct fiscal impact on the state or on local units of government.
House Fiscal Agency                                 HBs 6222 (H-1) and 6223 (H-1) as reported   Page 2 of 3
POSITIONS:
       A representative of the Oakland County Sheriff’s Department testified in support of the bills.
       (12-11-24)
       The following entities indicated support for the bills (12-11-24):
          • Department of Attorney General
          • Michigan Fraternal Order of Police
       The following entities indicated a neutral position on the bills (12-11-24):
          • NRA
          • Michigan Sheriffs’ Association
                                                           Legislative Analyst: Rick Yuille
                                                                Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                HBs 6222 (H-1) and 6223 (H-1) as reported   Page 3 of 3
Statutes affected: 
Substitute (H-1): 777.16
House Introduced Bill: 777.16