Mich. Comp. Laws » Michigan Compiled Laws / Chapter 752 / Act 45 of 1952
Michigan Compiled Laws

Mich. Comp. Laws § 752.861 (2026)

Careless, reckless or negligent use of firearms; penalty.

✓ current as of July 2026
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CARELESS, RECKLESS, OR NEGLIGENT USE OF FIREARMS


Act 45 of 1952


752.861 Careless, reckless or negligent use of firearms; penalty.

Sec. 1.

    Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison for not more than 2 years, or by a fine of not more than $2,000.00, or by imprisonment in the county jail for not more than 1 year, in the discretion of the court.

History: 1952, Act 45, Eff. Sept. 18, 1952

Notes of Decisions
Cited in 53 cases (9 in the last 5 years), 1971–2026 · leading case: People v. Mendoza, 664 N.W.2d 685 (Mich. 2003).
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People v. Mendoza, 664 N.W.2d 685 (Mich. 2003). · cites it 2× “§ 752.861. The trial court denied the requests and instructed the jury on first-degree murder, M.”
People v. Bairefoot, 323 N.W.2d 302 (Mich. Ct. App. 1982). · cites it 6× “MCL 752.861; MSA 28.436(21). The offense is defined as a misdemeanor not punishable by more than two years in prison.”
People v. Lowery, 673 N.W.2d 107 (Mich. Ct. App. 2003). · cites it 3× “234; and reckless discharge of a firearm causing injury, MCL 752.861. We disagree. Because defendant made a timely objection to the court’s refusal to instruct the jury on reckless discharge of a firearm as a lesser offense, that argument is preserved.”
People v. Heflin, 456 N.W.2d 10 (Mich. 1990). · cites it 2× “[26] Compare MCL 752.861; MSA 28.436(21): Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of…”
People v. Williams, 374 N.W.2d 158 (Mich. Ct. App. 1985). · cites it 4× “553, or careless, negligent or reckless discharge of a firearm resulting in the death of another living person, MCL 752.861; MSA 28.436(21), or not guilty.”
People v. Lowery, 673 N.W.2d 107 (Mich. Ct. App. 2003). · cites it 3× “MCL 752.861 requires that a firearm be carelessly, recklessly, or negligently discharged causing death or injury; neither the use of a firearm nor death or injury is an element of M.”
Auto Club Grp. Ins. v. Marzonie, 527 N.W.2d 760 (Mich. 1995). · cites it 2× “[2] Oaks testified that he had never fired the gun in question, but had fired similar shotguns on prior occasions.”
Auto Club Grp. Ins. v. Booth, 797 N.W.2d 695 (Mich. Ct. App. 2010). · cites it 5× “He pleaded no contest to a reduced misdemeanor charge of careless, reckless, or negligent discharge of a firearm resulting in injury, MCL 752.861, and received a sentence of two years’ probation.”
People v. Carlos Jones, 512 N.W.2d 26 (Mich. Ct. App. 1993). · cites it 2× “424(2); MCL 752.861; MSA 28.436(21). Prior to the entry of judgment and sentencing, the trial judge reversed the manslaughter and felony firearm verdicts.”
People v. Sutton, 464 N.W.2d 276 (Mich. 1990). · cites it 2× “, MCL 752.861; MSA 28.436(21), which provides that the reckless or negligent handling of a firearm causing death or injury is a misdemeanor punishable by a term of imprisonment in the state prison for not more than two years, a fine of not more than $2,000, or a term of…”
People v. Rochowiak, 330 N.W.2d 669 (Mich. 1982). · cites it 2× “[2] "Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of a misdemeanor, punishable by…”
People v. Richardson, 293 N.W.2d 332 (Mich. 1980). “In view of our decision to reverse the defendant’s conviction and remand this case for a new trial, it is unnecessary to reach the other issues raised.”
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