THE MICHIGAN PENAL CODE
Act 328 of 1931
750.223 Selling firearms and ammunition; violations; penalties.
Sec. 223.
(1) A person who knowingly sells a firearm 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 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.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.223 ;-- Am. 1969, Act 210, Eff. Mar. 20, 1970 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;-- Am. 1992, Act 221, Eff. Mar. 31, 1993 ;-- Am. 2012, Act 242, Eff. Jan. 1, 2013 ;-- Am. 2023, Act 18, Eff. Feb. 13, 2024
Notes of Decisions
Cited in
30
cases (
5 in the last 5 years), 1992–2025 · leading case:
People v. Hock Shop Inc., 681 N.W.2d 669 (Mich. Ct. App. 2004).
People v. Hock Shop Inc., 681 N.W.2d 669 (Mich. Ct. App. 2004).
· cites it 8× “After finding that a corporation was not a “person” under MCL 750.223, the district court refused to bind defendant over on the charges.”
People v. Laney, 669 N.W.2d 583 (Mich. Ct. App. 2003).
· cites it 30× “(b) The person is prohibited under section 224f [ [10] ] from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm.”
People v. Calloway, 671 N.W.2d 733 (Mich. 2003).
· cites it 4× “§ 750.223 (unlawful sale of a firearm), M.”
People v. Moore, 679 N.W.2d 41 (Mich. 2004).
· cites it 2× “[15] The four enumerated exceptions are for violations of MCL 750.223 (unlawful sale of a firearm), MCL 750.”
People v. Blanton, 894 N.W.2d 613 (Mich. Ct. App. 2016).
“227b, provided in relevant part: (1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of [MCL 750.223, MCL 750.227, *120 MCL 750.227a, or MCL 750.”
People v. Lanzo Constr. Co., 726 N.W.2d 746 (Mich. Ct. App. 2007).
“224f and MCL 750.223(4) when *480 its employee knowingly sold a firearm and ammunition to a felon.”
People v. Mitchell, 575 N.W.2d 283 (Mich. 1998).
· cites it 2× “§ 750.223; M.S.A. § 28.420, (2) carrying a concealed weapon, M.”
People v. Dillard, 631 N.W.2d 755 (Mich. Ct. App. 2001).
“3 The four exceptions are MCL 750.223 (prohibiting unlawful sale of fireamis), MCL 750.”
People v. Laney, 680 N.W.2d 888 (Mich. 2004).
· cites it 8× “As a result, the prosecutor charged defendant with violating MCL 750.223(1), a misdemeanor. That statute proscribes selling a pistol without complying with the licensing requirements set forth in MCL 28.”
Mattox v. Davis, 549 F. Supp. 2d 877 (W.D. Mich. 2008).
· cites it 4× “227b(l), the expressly exempted felonies are: (1) the unlawful sale of a pistol, Mich. Comp. Laws § 750.223 ; (2) carrying a concealed weapon, Mich.”
People v. Stewart, 490 N.W.2d 327 (Mich. 1992).
· cites it 2× “The current language, enacted by 1990 PA 321 , is not substantively different as regards this case. The present language reads: A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of [MCL 750.”
People v. Guiles, 500 N.W.2d 757 (Mich. Ct. App. 1993).
“2 MCL 750.223; MSA 28.420 prohibits the unlawful sale of a firearm; MCL 750.”
— Mich. Comp. Laws § 750.223(1) — 2 cases
People v. Laney, 669 N.W.2d 583 (Mich. Ct. App. 2003).
“(b) The person is prohibited under section 224f [ [10] ] from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm.”
People v. Laney, 680 N.W.2d 888 (Mich. 2004).
“As a result, the prosecutor charged defendant with violating MCL 750.223(1), a misdemeanor. That statute proscribes selling a pistol without complying with the licensing requirements set forth in MCL 28.”
— Mich. Comp. Laws § 750.223(4) — 2 cases
People v. Lanzo Constr. Co., 726 N.W.2d 746 (Mich. Ct. App. 2007).
“224f and MCL 750.223(4) when *480 its employee knowingly sold a firearm and ammunition to a felon.”
People v. Hock Shop Inc., 681 N.W.2d 669 (Mich. Ct. App. 2004).
“After finding that a corporation was not a “person” under MCL 750.223, the district court refused to bind defendant over on the charges.”
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