Michigan Compiled Laws

Mich. Comp. Laws § 445.408 (2026)

Violation of act; penalties; remedies.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

SECONDHAND DEALERS AND JUNK DEALERS

Act 350 of 1917

445.408 Violation of act; penalties; remedies.

Sec. 8.

(1) Except as otherwise provided for in this section, a person who violates this act is guilty of a misdemeanor and shall be imprisoned for not more than 6 months and shall be fined not less than $500.00 or more than $1,000.00.

(2) A second hand or junk dealer who buys or sells scrap metal, knowing that it is stolen, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. The penalties imposed under this subsection apply only to a first violation of this subsection.

(3) A second hand or junk dealer who buys or sells stolen scrap metal knowing that it was stolen is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both. The penalties imposed under this subsection apply to a second or subsequent violation.

(4) The license of a person, corporation, copartnership, or firm that is found guilty of violating any of the provisions of this act shall be considered to be revoked upon entry of a conviction and such person, corporation, copartnership, or firm shall not be permitted to carry on the business of being a second hand or junk dealer within this state for a period of 1 year after that conviction.

(5) The remedies under this act are independent and cumulative. The use of 1 remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.

History: 1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9765 ;-- CL 1948, 445.408 ;-- Am. 2006, Act 675, Eff. Mar. 30, 2007 ;-- Am. 2008, Act 428, Eff. Apr. 1, 2009

Notes of Decisions

Cited in 3 cases, 1975–2004 · leading case: People v. Wilcox, 269 N.W.2d 256 (Mich. Ct. App. 1978).

Sort: Relevance Newest Treatment

People v. Wilcox, 269 N.W.2d 256 (Mich. Ct. App. 1978). · cites it 4× “Plaintiff challenges the finding below by Judge Brown that the penalty provision of MCL 445.408; MSA 19.718 is constitutionally unsound cruel and unusual punishment.”

People v. Hock Shop Inc., 681 N.W.2d 669 (Mich. Ct. App. 2004). “[MCL 445.408.] 3 Section 19 of the pawnbrokers act provided at the relevant time: Upon any such conviction of any person doing business as a pawnbroker under the provisions of this act, or on conviction of any clerk, agent, servant or employee of any such person, the license of…”

Warholak v. Northfield Twp. Supervisor, 225 N.W.2d 767 (Mich. Ct. App. 1975). “MCLA 445.408; MSA 19.718. Upon an *364 alleged violation it would properly be prosecuted as a violation of the state statute.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.