LARCENY OF FIREARM PENALTIES

House Bills 4066 and 4067

Sponsor: Rep. Jim Howell

Committee: Conservation and Outdoor Recreation

Complete to 3-26-01

A SUMMARY OF HOUSE BILLS 4066 AND 4067 AS INTRODUCED 1-31-01

The bills would amend the Michigan Penal Code and the Code of Criminal Procedure to increase the penalty for stealing a firearm and to add a new crime of "knowingly possessing" a stolen firearm. House Bill 4067 is tie-barred to House Bill 4066.

Under the penal code (MCL 750.357b) it is a felony, punishable by up to five years in prison, a fine of not more than $2,500, or both, to steal another person's firearm. House Bill 4066 would increase the maximum imprisonment to 15 years and would add penalties for knowingly possessing a stolen firearm. Under the bill, a person who possessed a firearm, knowing, or having reason to know, that it was stolen in violation of the code would be guilty of a felony, punishable by not more than ten years in prison, a fine of not more than $2,500, or both.

House Bill 4067 would revise the statutory sentencing guidelines under the Code of Criminal Procedure (MCL 777.16r), to change, from Class E to Class C, the class designation for a larceny offense involving the theft of a firearm and increase the maximum imprisonment for this offense to 15 years, and to add the crime of possessing a stolen firearm as a Class D felony with a maximum sentence of 10 years.

Analyst: R. Young

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.