Bill
SB 1150
Adds a sentencing guideline for second/subsequent unserialized-firearm offenses (ghost guns) in Michigan, contingent on SB 1149; advisory guidelines, no new penalties.
Status / Context
- Bill: SB 1150 (Michigan substitute S-1)
- Subject: Adds a sentencing-guidelines entry for repeat violations of new prohibitions on manufacturing/possessing unserialized firearms (related to SB 1149).
- Key statutory references: amends MCL 777.11b (Ch. XVII of the Code of Criminal Procedure); references offense in proposed MCL 28.434c(6)(b).
- Procedural note: SB 1150 is structured to operate in conjunction with SB 1149 (which creates the underlying offenses). The bill includes an enacting clause stating it does not take effect unless SB 1149 is enacted.
Purpose and intent
- To insert into Michigan’s sentencing guidelines (chapter XVII, MCL 777.11b) a guideline classification for a second or subsequent violation of the prohibitions created in SB 1149 (conduct involving firearms, frames, or receivers lacking valid serial numbers, often described as "ghost gun" activity).
- The aim is to ensure sentencing judges have a guideline designation for repeat violations of these firearm-serialization offenses.
Key provisions
- Adds the offense “manufacturing, assembling, importing, selling, possessing, etc. of a firearm or frame or receiver without a serial number — second or subsequent offense” (cross-referenced to proposed MCL 28.434c(6)(b)) to the list of felonies in MCL 777.11b.
- The committee summary and related analyses identify the repeat offense as a Class E felony against the public safety (statutory maximum up to 5 years’ imprisonment under SB 1149’s penalty structure).
- Contains an enacting section making the amendment contingent on SB 1149’s enactment — SB 1150 will not take effect independently.
Who would be affected
- Individuals convicted of a second or subsequent violation of the unserialized-firearm prohibitions established by SB 1149 (e.g., persons who manufacture, assemble, import, sell, transfer, or knowingly possess a firearm/frame/receiver lacking a valid serial number).
- Prosecutors and sentencing judges (who would have a guideline category to reference).
- Criminal justice system stakeholders (courts, probation, corrections) potentially affected by any change in sentencing patterns for repeat offenders.
Penalties and sentencing implications
- SB 1150 itself does not change statutory maximum penalties — those are set in SB 1149 (misdemeanor for a first offense; felony for repeat offenses, with the repeat felony carrying up to 5 years).
- SB 1150 adds a guideline classification to guide recommended sentences for second/subsequent violations. Note: under Michigan Supreme Court precedent (People v. Lockridge, 2015), the guidelines are advisory; judges retain discretion to depart from them.
Fiscal impact
- Committee analyses: no direct local fiscal impact; indeterminate state fiscal impact. Because the guidelines are advisory post-Lockridge, the precise fiscal effect depends on judicial sentencing choices.
- Related fiscal analyses for SB 1149 warn of potential negative fiscal impacts from increased misdemeanor/felony prosecutions (court, corrections, community supervision costs) if enforcement increases.
Procedural / timing notes
- SB 1150 was introduced and processed (substitutes and committee reports appear in late 2024); enactment is tied to SB 1149 (the substantive serialization/ghost‑gun bill).
- If SB 1149 is enacted, SB 1150 would amend MCL 777.11b to include the repeat unserialized-firearm offense in the sentencing-guidelines chart.
Bottom line
- SB 1150 is a technical but consequential companion measure that adds a sentencing-guidelines entry for repeat violations of proposed laws targeting unserialized firearms and ghost‑gun precursors. It does not create the underlying crime or change statutory maxima (those come from SB 1149) but ensures repeat offenses have a designated guidelines classification to inform sentencing when the statutory framework is in place.
Compiled from official sources — confirm details with the bill’s official record.
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