HOUSE BILL NO. 5658
"The Michigan penal code,"
by amending section 223 (MCL 750.223), as amended by 2012 PA 242.
the people of the state of michigan enact:
Sec. 223. (1) A person who knowingly sells a pistol without complying with section 2 of 1927 PA 372, MCL 28.422, 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 26 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 driver 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 18 USC 923 who regularly buys and sells firearms as a commercial activity with the principal objective of livelihood and profit.A seller of a firearm shall not deliver the firearm to the purchaser of that firearm until at least 7 days after the date the sale of the firearm is completed. A person that violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $2,500.00, or both.