Sec. 234b.
(1) Except as otherwise provided in this section, an individual who intentionally discharges a firearm at a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for the safety of any individual and whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(3) If an individual violates subsection (1) or (2) and causes any physical injury to another individual, the individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.
(4) If an individual violates subsection (1) or (2) and causes the serious impairment of a body function of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.
(5) If an individual violates subsection (1) or (2) and causes the death of another individual, the individual is guilty of a felony punishable by imprisonment for life or any term of years.
(6) Subsections (1) and (2) do 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.
(7) Subsections (1) and (2) do not apply to an individual who discharges a firearm in self-defense or the defense of another individual.
(8) 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.
(9) 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.
(10) As used in this section:
(a) "Dwelling" means a facility habitually used by 1 or more individuals as a place of abode, whether or not an individual is present in the facility.
(b) "Peace officer" means that term as defined in section 215.
(c) "Potentially occupied structure" means a structure that a reasonable person knows or should know is likely to be occupied by 1 or more individuals due to its nature, function, or location.
(d) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 ;-- Am. 2014, Act 191, Eff. Sept. 22, 2014
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-XXXVII - Chapter XXXVII Firearms (750.222...750.239a)
Section 750.222 - Definitions.
Section 750.222a - “Double-Edged, Nonfolding Stabbing Instrument” Defined.
Section 750.223 - Selling Firearms and Ammunition; Violations; Penalties; “Licensed Dealer” Defined.
Section 750.224d - Self-Defense Spray or Foam Device.
Section 750.225 - Repealed. 1993, Act 254, Imd. Eff. Nov. 29, 1993.
Section 750.226a - Repealed. 2017, Act 96, Eff. Oct. 11, 2017.
Section 750.227 - Concealed Weapons; Carrying; Penalty.
Section 750.227a - Pistols; Unlawful Possession by Licensee.
Section 750.229 - Pistols Accepted in Pawn, by Second-Hand Dealer or Junk Dealer.
Section 750.230 - Firearms; Altering, Removing, or Obliterating Marks of Identity; Presumption.
Section 750.231a - Exceptions to MCL 750.227(2); "Antique Firearm" Defined.
Section 750.231b - Sale and Safety Inspection; Persons Exempt.
Section 750.232 - Repealed. 2017, Act 95, Eff. Oct. 11, 2017.
Section 750.234e - Brandishing Firearm in Public; Applicability; Violation as Misdemeanor; Penalty.
Section 750.235a - Parent of Minor Guilty of Misdemeanor; Conditions; Penalty; Defense; Definitions.
Section 750.236 - Spring Gun, Trap or Device; Setting.
Section 750.236a - Computer-Assisted Shooting; Prohibited Acts; Definitions.
Section 750.236b - Computer-Assisted Shooting; Prohibited Conduct; Definitions.
Section 750.236c - Violation of MCL 750.236a or 750.236b; Penalty; Forfeiture.
Section 750.238 - Search Warrant.
Section 750.239 - Forfeiture of Weapons; Disposal; Immunity From Civil Liability.