Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.233 (2026)

Pointing or aiming firearm at another person; misdemeanor; penalty; exception; "peace officer defined."

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.233 Pointing or aiming firearm at another person; misdemeanor; penalty; exception; "peace officer defined."

Sec. 233.

    (1) A person who intentionally but without malice points or aims a firearm at or toward another person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

    (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.233 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005

FormerLaw Notes:

    See section 1 of Act 68 of 1869, being CL 1871, § 7548; How., § 9110; CL 1897, § 11509; CL 1915, § 15232; and CL 1929, § 16776.

Notes of Decisions
Cited in 13 cases, 1955–2018 · leading case: People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979).
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People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979). · cites it 2× “[46] MCL 750.233; MSA 28.430. [47] MCL 750.227b; MSA 28.”
Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018). “33 ; MCL 750.45 ; MCL 750.141a ; MCL 750.160a ; MCL 750.”
People v. Lowery, 673 N.W.2d 107 (Mich. Ct. App. 2003). “Defendant next argues that the trial court erred in refusing to instruct the jury regarding the lesser included offenses of intentionally aiming a firearm without malice, MCL 750.233; discharge of a firearm aimed intentionally but without malice, MCL 750.”
People v. Wilder, 861 N.W.2d 645 (Mich. Ct. App. 2014). “MCL 750.233(1). Accordingly, the mere act of pointing a gun at the complainant, even if it did not amount to a felonious assault, was still unlawful and would not fall within the scope of Second Amendment protection.”
Capital Area Dist. Library v. Michigan Open Carry, Inc., 826 N.W.2d 736 (Mich. Ct. App. 2012). “227d; intentionally aiming or pointing a firearm at or toward another person, MCL 750.233; knowingly brandishing a firearm in public, MCL 750.”
People v. McMaster, 306 N.W.2d 434 (Mich. Ct. App. 1981). · cites it 2× “MCL 750.233; MSA 28.430. Therefore, as defendant was convicted of felonious assault, I would hold the trial court's failure to instruct on the defense of voluntary intoxication was harmless error.”
People v. Lowery, 673 N.W.2d 107 (Mich. Ct. App. 2003). “§ 750.233; discharge of a firearm aimed intentionally but without malice, M.”
Nat'l Union of Police Officers Local 502-M v. Wayne Cnty. Bd. of Commissioners, 286 N.W.2d 242 (Mich. Ct. App. 1979). “1 Plaintiff Gary McKeon, a Wayne County deputy sheriff, was convicted on April 13, 1977, of intentionally pointing a firearm at another person, MCL 750.233; MSA 28.430. Subsequently, he was found by a sheriff’s trial board to have violated departmental rules.”
Petersen v. Heflin, 413 N.W.2d 810 (Mich. Ct. App. 1987). “Heflin with negligence per se in his violation of the following statutes: MCL 750.233; MSA 28.430, MCL 750.234; MSA 28.”
Bay Cnty. Concealed Weapons Licensing Bd. v. Gasta, 293 N.W.2d 707 (Mich. Ct. App. 1980). “On August 25, 1977, Mark Berger, one of the Bay County Deputy Sheriffs who had investigated the August 22 incident, signed a complaint against defendant alleging two counts of intentionally pointing a firearm at another person without malice, MCL 750.233; MSA 28.430. Defendant…”
Berney v. Volk, 67 N.W.2d 801 (Mich. 1955). “Defendant appeals from the ruling primarily on the ground that forcing him to produce the gun would require him to unconstitutionally incriminate himself of crimes set forth in CL 1948, §§ 750.233, 750.234, 750.-235 (Stat Ann §§ 28.”
People v. Hooper, 394 N.W.2d 27 (Mich. Ct. App. 1986). “Defendant was convicted of intentionally aiming a firearm without malice, MCL 750.233; MSA 28.430, discharge of a firearm without malice causing injury, MCL 750.”
Show all 13 citing cases →
— Mich. Comp. Laws § 750.233(1) — 1 case
People v. Wilder, 861 N.W.2d 645 (Mich. Ct. App. 2014). “MCL 750.233(1). Accordingly, the mere act of pointing a gun at the complainant, even if it did not amount to a felonious assault, was still unlawful and would not fall within the scope of Second Amendment protection.”
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