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

Mich. Comp. Laws § 750.237

Liquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.

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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.237 Liquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.

Sec. 237.

    (1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:

    (a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

    (b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

    (c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.

    (2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or both.

    (3) An individual who violates subsection (1) and causes a serious impairment of a body function of another individual by the discharge or use in any manner of the firearm is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, "serious impairment of a body function" includes, but is not limited to, 1 or more of the following:

    (a) Loss of a limb or use of a limb.

    (b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

    (c) Loss of an eye or ear or of use of an eye or ear.

    (d) Loss or substantial impairment of a bodily function.

    (e) Serious visible disfigurement.

    (f) A comatose state that lasts for more than 3 days.

    (g) Measurable brain damage or mental impairment.

    (h) A skull fracture or other serious bone fracture.

    (i) Subdural hemorrhage or subdural hematoma.

    (j) Loss of an organ.

    (4) An individual who violates subsection (1) and causes the death of another individual by the discharge or use in any manner of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.

    (5) A peace officer who has probable cause to believe an individual violated subsection (1) may require the individual to submit to a chemical analysis of his or her breath, blood, or urine. However, an individual who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not required to submit to a chemical analysis of his or her blood.

    (6) Before an individual is required to submit to a chemical analysis under subsection (5), the peace officer shall inform the individual of all of the following:

    (a) The individual may refuse to submit to the chemical analysis, but if he or she refuses, the officer may obtain a court order requiring the individual to submit to a chemical analysis.

    (b) If the individual submits to the chemical analysis, he or she may obtain a chemical analysis from a person of his or her own choosing.

    (7) The failure of a peace officer to comply with the requirements of subsection (6) does not render the results of a chemical analysis inadmissible as evidence in a criminal prosecution for violating this section, in a civil action arising out of a violation of this section, or in any administrative proceeding arising out of a violation of this section.

    (8) The collection and testing of breath, blood, or urine specimens under this section shall be conducted in the same manner that breath, blood, or urine specimens are collected and tested for alcohol-- and controlled-substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

    (9) This section does not prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section in lieu of being charged with, convicted of, or sentenced for the violation of this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.237 ;-- Am. 2001, Act 135, Eff. Feb. 1, 2002

FormerLaw Notes:

    See sections 1 and 2 of Act 25 of 1929, being CL 1929, §§ 16780 and 16781.

Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1969–2025 · leading case: People v. Wilder
Sort: Relevance Newest Treatment
People v. Wilder (2014) michctapp · cites it 15× “We granted defendant’s delayed application for leave to appeal her jury-trial conviction of possession of a firearm while intoxicated (PFWI), MCL 750.237. The jury acquitted her of charges of felonious assault, MCL 750.”
People v. Deroche (2013) michctapp · cites it 6× “This case presents a question of first impression, namely whether the Second Amendment of the United States Constitution precludes a prosecution for possession or use of a firearm by a person under the influence of alcoholic liquor, MCL 750.237, when the prosecution’s theory is…”
People v. Booker (2016) michctapp · cites it 11× “Defendant had been charged with one count of possession of a firearm while under the influence of alcohol, MCL 750.237. We reverse and remand. On October 31, 2014, members of the Farmington Hills Police Department were dispatched to an apartment complex to investigate a robbery.”
People v. Green (2004) michctapp · cites it 2× “904; and possession of a firearm while under the influence of intoxicants, MCL 750.237. He received concurrent jail sentences of 153 days for the ccw conviction, 122 days for the resisting or obstructing conviction, sixty days for the ouil conviction, thirty days for the dwls…”
People v. McKinley (1988) michctapp · cites it 2× “423, a felony, and possession of a firearm while intoxicated, MCL 750.237; MSA 28.434, a misdemeanor. He was also convicted of being a fifth-felony offender, MCL 769.”
Capital Area District Library v. Michigan Open Carry, Inc. (2012) michctapp “233; knowingly brandishing a firearm in public, MCL 750.234e; a minor’s possession of a firearm in public, MCL 750.”
People v. Lane (1980) michctapp “Defendant also argues that the trial court erred in refusing to instruct the jury on the offense of possession of a firearm while intoxicated, MCL 750.237; MSA 28.434. 2 In People v Chamblis, 395 Mich 408, 429 ; 236 NW2d 473 (1975), the Supreme Court held: "We are establishing a…”
People v. Young (1969) michctapp · cites it 2× “419), states* “ ‘Pistol’ as used in this chapter means any firearm * * *” 4 These include possession of a firearm while under the influence of intoxicating liquor or any exhilarating or stupefying drug (MCLA § 750.237 [Stat Ann 1962 Rev § 28.434]), and carrying a firearm with…”
Auto Club Group Insurance v. Booth (2010) michctapp “Booth was charged with the felony of discharging a firearm while under the influence of alcohol resulting in a serious impairment of bodily function, MCL 750.237(3). He pleaded no contest to a reduced misdemeanor charge of careless, reckless, or negligent discharge of a firearm…”
United States v. Fonville (2015) mied “§ 750.237(1)(a). Carrying a concealed weapon while one is intoxicated is also expressly prohibited.”
Martez Tillman v. Perfect Pitcher Sports Pub Inc (2016) michctapp · cites it 3× “More generally, the bar was full of highly intoxicated gang members, many of whom were carrying firearms. Given these facts, we conclude that a reasonable jury could conclude that the bar's owner and/or employees, having knowledge of criminal acts including: two scuffles…”
People of Michigan v. Lora Mae Collins (2018) michctapp · cites it 3× “50b, and carrying, possessing, or discharging a weapon while under the influence, MCL 750.237. The trial court sentenced Collins to concurrent terms of six months’ imprisonment for the animal cruelty conviction and 93 days for the weapon conviction in addition to three years’…”
Show all 23 citing cases →
— Mich. Comp. Laws § 750.237(1) — 6 cases
People v. Deroche (2013) michctapp “This case presents a question of first impression, namely whether the Second Amendment of the United States Constitution precludes a prosecution for possession or use of a firearm by a person under the influence of alcoholic liquor, MCL 750.237, when the prosecution’s theory is…”
Capital Area District Library v. Michigan Open Carry, Inc. (2012) michctapp “233; knowingly brandishing a firearm in public, MCL 750.234e; a minor’s possession of a firearm in public, MCL 750.”
People v. Booker (2016) michctapp “Defendant had been charged with one count of possession of a firearm while under the influence of alcohol, MCL 750.237. We reverse and remand. On October 31, 2014, members of the Farmington Hills Police Department were dispatched to an apartment complex to investigate a robbery.”
Martez Tillman v. Perfect Pitcher Sports Pub Inc (2016) michctapp “More generally, the bar was full of highly intoxicated gang members, many of whom were carrying firearms. Given these facts, we conclude that a reasonable jury could conclude that the bar's owner and/or employees, having knowledge of criminal acts including: two scuffles…”
People of Michigan v. Anthony Elbert Thompson (2015) michctapp
— Mich. Comp. Laws § 750.237(1)(a) — 2 cases
United States v. Fonville (2015) mied “§ 750.237(1)(a). Carrying a concealed weapon while one is intoxicated is also expressly prohibited.”
People of Michigan v. Clayton Andrew Byers (2020) michctapp
— Mich. Comp. Laws § 750.237(1)(b) — 3 cases
People v. Deroche (2013) michctapp “This case presents a question of first impression, namely whether the Second Amendment of the United States Constitution precludes a prosecution for possession or use of a firearm by a person under the influence of alcoholic liquor, MCL 750.237, when the prosecution’s theory is…”
People of Michigan v. David Mark Parrott (2021) michctapp
People of Michigan v. David Mark Parrott (2021) michctapp
— Mich. Comp. Laws § 750.237(2) — 2 cases
Martez Tillman v. Perfect Pitcher Sports Pub Inc (2016) michctapp “More generally, the bar was full of highly intoxicated gang members, many of whom were carrying firearms. Given these facts, we conclude that a reasonable jury could conclude that the bar's owner and/or employees, having knowledge of criminal acts including: two scuffles…”
People of Michigan v. Daniel Joseph Loxton (2025) michctapp
— Mich. Comp. Laws § 750.237(3) — 1 case
Auto Club Group Insurance v. Booth (2010) michctapp “Booth was charged with the felony of discharging a firearm while under the influence of alcohol resulting in a serious impairment of bodily function, MCL 750.237(3). He pleaded no contest to a reduced misdemeanor charge of careless, reckless, or negligent discharge of a firearm…”
— Mich. Comp. Laws § 750.237(5) — 1 case
People v. Booker (2016) michctapp “Defendant had been charged with one count of possession of a firearm while under the influence of alcohol, MCL 750.237. We reverse and remand. On October 31, 2014, members of the Farmington Hills Police Department were dispatched to an apartment complex to investigate a robbery.”
— Mich. Comp. Laws § 750.237(8) — 1 case
People v. Booker (2016) michctapp “Defendant had been charged with one count of possession of a firearm while under the influence of alcohol, MCL 750.237. We reverse and remand. On October 31, 2014, members of the Farmington Hills Police Department were dispatched to an apartment complex to investigate a robbery.”
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