Common Crimes
Information on crimes that are commonly charged in Michigan. If you need legal assistance, please contact a lawyer.
Felon in Possession of a Firearm/Ammunition
Statute: MCL 750.224f
Crime Group: Public Safety
Sentence Class: E
Minimum Sentence: 0 Months
Maximum Sentence1: 60 Months (5 Years)
Maximum Fine: $5,000.00
Jury Instructions: MCJI2d. 11.38, 11.38a
Sex Offender Registration Required: No
Statutory Language:
(1) Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:
(a)The person has paid all fines imposed for the violation.
(b)The person has served all terms of imprisonment imposed for the violation.
(c)The person has successfully completed all conditions of probation or parole imposed for the violation.
(2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:
(a) The expiration of 5 years after all of the following circumstances exist:
(i) The person has paid all fines imposed for the violation.
(ii) The person has served all terms of imprisonment imposed for the violation.
(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.
(b)The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored under section 4 of 1927 PA 372, MCL 28.424.
(3)Except as provided in subsection (4), a person convicted of a felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until the expiration of 3 years after all of the following circumstances exist:
(a)The person has paid all fines imposed for the violation.
(b)The person has served all terms of imprisonment imposed for the violation.
(c)The person has successfully completed all conditions of probation or parole imposed for the violation.
(4) A person convicted of a specified felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until all of the following circumstances exist:
(a)The expiration of 5 years after all of the following circumstances exist:
(i)The person has paid all fines imposed for the violation.
(ii)The person has served all terms of imprisonment imposed for the violation.
(iii)The person has successfully completed all conditions of probation or parole imposed for the violation.
(b)The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute ammunition has been restored under section 4 of 1927 PA 372, MCL 28.424.
(5) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(6)A person who possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(7) Any single criminal transaction where a person possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section, regardless of the amount of ammunition involved, constitutes 1 offense.
(8) This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm or ammunition.
(9) As used in this section:
(a) “Ammunition” means any projectile that, in its current state, may be expelled from a firearm by an explosive.
(b) “Felony” means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more, or an attempt to violate such a law.
(10) As used in subsections (2) and (4), “specified felony” means a felony in which 1 or more of the following circumstances exist:
(a) An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(b) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
(c) An element of that felony is the unlawful possession or distribution of a firearm.
(d) An element of that felony is the unlawful use of an explosive.
(e) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.
Discussion:
Michigan law differs greatly from the federal law when it comes to whether a felon may possess a firearm. Federal law says a felon cannot possess a firearm for the remainder of that felon’s life, regardless of whether the felony was a violation of state or federal law. Michigan law, however, provides that a felon may in some instances be in possession of a firearm after the expiration of either three or five years from the completion of his/her sentence, and (depending on the felony in question) gone through the process to have his/her firearms rights restored. The time required—and whether the additional steps to restore rights are required—is based on the original crime (or crimes) that resulted in the defendant acquiring the label of “felon.”
A defendant who is a felon has a five-year ban on possessing a firearm in the state of Michigan if his/her previous crime involved one or more of the following elements (a “specified felony”):
- The use, attempted use, or threatened use of physical force against the person or property of another, or a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; and/or
- Unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance; and/or
- Unlawful possession or distribution of a firearm; and/or
- Unlawful use of an explosive; and/or
- Burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.
For all other defendants whose previous felony did not involve any of the above elements, the ban on possession lasts for 3 years. Regardless of the length of the ban, the maximum sentence for this crime is 5 years and/or a fine of $5,000.00 (without Habitual Offender enhancement; see footnote 1).
To prove the charge of “Felon Possessing a Firearm/Ammunition”, the prosecution must prove all elements of a charge beyond a reasonable doubt. First, that the defendant possessed, used, transported, sold, or received a firearm (or ammunition) in the state of Michigan. (Note: a “firearm” is only a weapon that shoots a projectile by virtue of an explosion. Pneumatic guns—such as “airsoft” guns or paintball guns—and mechanical BB guns do nto count as “firearms” under this statute.) Second, the prosecution must prove that the defendant was previously convicted of a felony that had a maximum sentence of at least four years (or an “attempted” felony for which the completed felony would have such a maximum sentence). In the event that a defendant claims his/her rights had been restored under Michigan law and/or that the requisite time had passed for possession, the prosecution must then prove, beyond a reasonable doubt, that the rights had not been restored and the requisite time had not passed.
It should be noted that time for the ban starts counting not from the date of conviction, but rather from the date that all fines were paid, all imprisonment was served, and all terms of probation were completed. For instance, this means a defendant who is a felon and was sentenced to one year in jail and three years of probation with $1,200.00 in fines, costs, fees, and restitution would not start counting time until he had completed his jail term, been discharged from probation, and paid the entire $1,200.00 (plus any accumulated interest). In that scenario, the time for firearms rights restoration would not start counting until a minimum of three years after the conviction, or longer if the required money was not paid until after the defendant was discharged from probation. This means that a defendant in such circumstances with a five-year ban could not possess a firearm for at least six years from conviction of an “unspecified felony”, or eight years for a “specified” felony. If the conviction was for a “specified” felony, then defendant would also have to file a specific kind of motion with the Circuit Court, asking for his/her firearms rights to be restored. (State firearms rights in Michigan are automatically restored after the three-year term has expired.)
This type of charge is rarely brought by itself; typically, a person charged with “Felon in Possession” will also be charged with “Carrying a Concealed Weapon” and/or “Felony Firearm”. Because this charge requires that the defendant already have a prior felony conviction, every defendant charged with this crime will also (by definition) be eligible for Habitual Offender (“HO”) enhancement. A typical plea deal involving this charge involves reducing or eliminating the HO enhancement, and usually dismissing one or more charges in exchange for a guilty plea to the remaining charges. Every case is different, however, and different prosecutors have different policies on these matter. Additionally, the facts of every case are different, so it is impossible to predict how a prosecutor will approach any specific case.
A defendant convicted under this statute will be sentenced under the Michigan sentencing guidelines, and it is impossible to say for sure what the sentence will be in any particular case because sentences are fact-specific. While fines and probation are common, many defendants are also sentenced to serve time in the county jail. Prison is often a possibility with these kinds of cases, as well, due to the potential for a companion charge of “Felony Firearm” (which requires at least a two-year prison sentence, served previously and consecutive to any other sentence). For this reason, it is absolutely essential that the advice of an attorney be sought and followed.
1Maximum sentence shown is for a first-time felony offender. Prior felonies make a defendant liable for “Habitual Offender” (“HO”) sentencing enhancement. Thus, for a defendant with one prior felony or attempted felony (“HO2”), the maximum sentence raises to 90 months (7.5 years); for a defendant with two prior felonies or attempted felonies (“HO3”), the maximum sentence raises to 120 months (10 years); and a defendant with three or more prior felonies or attempted felonies (“HO4”) faces a maximum sentence of life.
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