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

Mich. Comp. Laws § 750.479b (2026)

Taking of firearm or other weapon from peace officer or corrections officer; penalty; commission of other violation; consecutive terms of imprisonment; definitions.

✓ current as of July 2026 Cite as: Mich. Comp. Laws § 750.479b (2026)
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.479b Taking of firearm or other weapon from peace officer or corrections officer; penalty; commission of other violation; consecutive terms of imprisonment; definitions.

Sec. 479b.

    (1) An individual who takes a weapon other than a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both, if all of the following circumstances exist at the time the weapon is taken:

    (a) The individual knows or has reason to believe the person from whom the weapon is taken is a peace officer or a corrections officer.

    (b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.

    (c) The individual takes the weapon without consent of the peace officer or corrections officer.

    (d) The peace officer or corrections officer is authorized by his or her employer to carry the weapon in the line of duty.

    (2) An individual who takes a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both, if all of the following circumstances exist at the time the firearm is taken:

    (a) The individual knows or has reason to believe the person from whom the firearm is taken is a peace officer or a corrections officer.

    (b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.

    (c) The individual takes the firearm without the consent of the peace officer or corrections officer.

    (d) The peace officer or corrections officer is authorized by his or her employer to carry the firearm in the line of duty.

    (3) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

    (4) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

    (5) As used in this section:

    (a) "Corrections officer" means a prison or jail guard or other employee of a jail or a state or federal correctional facility, who performs duties involving the transportation, care, custody, or supervision of prisoners.

    (b) "Peace officer" means 1 or more of the following:

    (i) A police officer of this state or a political subdivision of this state.

    (ii) A police officer of any entity of the United States.

    (iii) The sheriff of a county of this state or the sheriff's deputy.

    (iv) A public safety officer of a college or university who is authorized by the governing board of that college or university to enforce state law and the rules and ordinances of that college or university.

    (v) A conservation officer of the department of natural resources.

    (vi) A conservation officer of the United States department of interior.

History: Add. 1994, Act 33, Eff. June 1, 1994

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1995–2024 · leading case: People v. Morris
Sort: Relevance Newest Treatment
People v. Morris (1995) mich · cites it 2× “797(a)(2) (any other sentence imposed for a conviction that arises out of the same transaction as carjacking), MCL 750.479b(4); MSA 28.747(2)(4) (any term of imprisonment imposed for another violation arising from the same transaction as taking firearms or other weapons from…”
Zdebski v. Schmucker (2013) mied “§ 750.479b), noting that “PACC codes are routinely used in pleadings, and the judgment of sentence identifies the charge as “MCL citation/PACC Code”).”
People of Michigan v. Marlon Curtis Henderson II (2024) michctapp · cites it 3× “In the circuit court, defendant moved to quash the information and dismiss that charge on the basis that there was a complete absence of evidence showing that when the officer was being disarmed, he was performing his duties as a peace officer, which is an element of the offense.”
People of Michigan v. Michael Scott Barber (2020) michctapp “The trial court sentenced defendant to 10 to 15 years in prison for the assault by strangulation conviction, 60 to 90 months for the third-degree fleeing and eluding conviction, 24 to 36 months for the attempt to disarm a police officer conviction, 60 to 90 months for the…”
People of Michigan v. Michael Scott Barber (2020) michctapp “The trial court sentenced defendant to 10 to 15 years in prison for the assault by strangulation conviction, 60 to 90 months for the third-degree fleeing and eluding conviction, 24 to 36 months for the attempt to disarm a police officer conviction, 60 to 90 months for the…”
People of Michigan v. Albert Monteza Smith IV (2021) michctapp “82(1); attempted disarming of a police officer, MCL 750.479b(2); and attempted unlawful driving away of a motor vehicle, MCL 750.”
People of Michigan v. Arik Jon Chapman (2022) michctapp “377b; 12 counts of assaulting, resisting, or obstructing a police officer, MCL 750.81d(1); and second-degree arson, MCL 750.”
People v. McKeown (1998) michctapp · cites it 2× “287 and MCL 750.479b; MSA 28.747(2), and was sentenced to thirty to sixty months’ imprisonment.”
— Mich. Comp. Laws § 750.479b(2) — 6 cases
People of Michigan v. Marlon Curtis Henderson II (2024) michctapp “In the circuit court, defendant moved to quash the information and dismiss that charge on the basis that there was a complete absence of evidence showing that when the officer was being disarmed, he was performing his duties as a peace officer, which is an element of the offense.”
People of Michigan v. Michael Scott Barber (2020) michctapp “The trial court sentenced defendant to 10 to 15 years in prison for the assault by strangulation conviction, 60 to 90 months for the third-degree fleeing and eluding conviction, 24 to 36 months for the attempt to disarm a police officer conviction, 60 to 90 months for the…”
People of Michigan v. Michael Scott Barber (2020) michctapp “The trial court sentenced defendant to 10 to 15 years in prison for the assault by strangulation conviction, 60 to 90 months for the third-degree fleeing and eluding conviction, 24 to 36 months for the attempt to disarm a police officer conviction, 60 to 90 months for the…”
People of Michigan v. Albert Monteza Smith IV (2021) michctapp “82(1); attempted disarming of a police officer, MCL 750.479b(2); and attempted unlawful driving away of a motor vehicle, MCL 750.”
People of Michigan v. Arik Jon Chapman (2022) michctapp “377b; 12 counts of assaulting, resisting, or obstructing a police officer, MCL 750.81d(1); and second-degree arson, MCL 750.”
— Mich. Comp. Laws § 750.479b(4) — 1 case
People v. Morris (1995) mich “797(a)(2) (any other sentence imposed for a conviction that arises out of the same transaction as carjacking), MCL 750.479b(4); MSA 28.747(2)(4) (any term of imprisonment imposed for another violation arising from the same transaction as taking firearms or other weapons from…”
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