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

Mich. Comp. Laws § 750.234 (2026)

Firearm; discharge; intentionally aimed without malice; misdemeanor; penalty; exception; "peace officer" defined.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.234 Firearm; discharge; intentionally aimed without malice; misdemeanor; penalty; exception; "peace officer" defined.

Sec. 234.

    (1) A person who discharges a firearm while it is intentionally but without malice aimed at or toward another person, without injuring another person, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year 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, 750.234 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005

FormerLaw Notes:

    See section 2 of Act 68 of 1869, being CL 1871, § 7548; How., § 9111; CL 1897, § 11510; CL 1915, § 15233; and CL 1929, § 16777.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1972–2022 · leading case: Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018).
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Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018). “45 ; MCL 750.141a ; MCL 750.160a ; MCL 750.195 ; MCL 750.”
People v. Melotik, 561 N.W.2d 453 (Mich. Ct. App. 1997). · cites it 3× “1 Although the parties’ briefs on appeal and the pleadings filed in the x'ecord below indicate that defendant was charged with “discharge of a firearm in or at a building, MCL 750.234; MSA 28.431,” and possession of a firearm during the commission of a felony, MCL 750.”
People v. Lowery, 673 N.W.2d 107 (Mich. Ct. App. 2003). “233; discharge of a firearm aimed intentionally but without malice, MCL 750.234; and reckless discharge of a firearm causing injury, MCL 752.”
People v. Lowery, 673 N.W.2d 107 (Mich. Ct. App. 2003). “§ 750.234; and reckless discharge of a firearm causing injury, M.”
People v. Cazal, 316 N.W.2d 705 (Mich. 1982). “2 MCL 750.234; MSA 28.431. Intentionally discharging a firearm aimed at another person without malice is a misdemeanor punishable by imprisonment for not more than one year or by a fine of not more than $500.”
People v. Bonham, 451 N.W.2d 530 (Mich. Ct. App. 1989). “Defendant appeals as of right his jury conviction of two counts of discharge of a firearm intentionally but without malice aimed at another, MCL 750.234; MSA 28.431, one count of carrying a concealed weapon in a motor vehicle, MCL 750.”
Petersen v. Heflin, 413 N.W.2d 810 (Mich. Ct. App. 1987). “430, MCL 750.234; MSA 28.431, MCL 750.235; MSA 28.”
People v. Richard Johnson, 202 N.W.2d 340 (Mich. Ct. App. 1972). “609(2), and the third one with the discharge of a firearm intentionally but without malice, MCLA 750.234; MSA 28.431. The defense at trial was one of intoxication.”
People v. Doss, 260 N.W.2d 880 (Mich. Ct. App. 1977). · cites it 4× “In compiling the 1948 Criminal Code sections, the section corresponding to present § 329 was slightly rewritten and placed in Chapter XLV, homicide, whereas the other sections were retained as §§ 234-236, MCLA 750.234; MSA 28.431, 433 in chapter 37, firearms.”
People v. Stolze, 299 N.W.2d 61 (Mich. Ct. App. 1980). “Review of the statutes prohibiting the above conduct, MCL 750.234; MSA 28.431, MCL 750.233; MSA 28.”
Jones v. Skipper (E.D. Mich. 2019). · cites it 2× “83 , discharging a firearm at a dwelling, Mich. Comp. Laws § 750.234 (b), carrying a dangerous weapon with unlawful intent, Mich.”
Evans v. Vashaw (E.D. Mich. 2022). · cites it 2× “4 Mich. Comp. Laws § 750.227 . 5 Mich. Comp.”
Show all 17 citing cases →
— Mich. Comp. Laws § 750.234(2)(c) — 2 cases
Michigan Open Carry Inc v. Clio Area Sch. Dist. (Mich. Ct. App. 2016).
Michigan Gun Owners Inc v. Ann Arbor Pub. Schs. (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.234(b) — 3 cases
People v. Melotik, 561 N.W.2d 453 (Mich. Ct. App. 1997). “1 Although the parties’ briefs on appeal and the pleadings filed in the x'ecord below indicate that defendant was charged with “discharge of a firearm in or at a building, MCL 750.234; MSA 28.431,” and possession of a firearm during the commission of a felony, MCL 750.”
People of Michigan v. Trevor Fernando Martin (Mich. Ct. App. 2018).
People of Michigan v. Trevor Fernando Martin (Mich. Ct. App. 2018).
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