Possession Of A Firearm By A Felon In Michigan – MCL Section 750.224f

Michigan’s firearm possession laws for felons carry significant legal implications, marking them as severe offenses. Understanding these laws is crucial. Below, the criminal defense lawyers at George Law explain these laws and their implications for individuals with felony convictions.

Michigan’s Weapon Laws For Felons

Michigan Compiled Laws Section 750.224f concerns the rules regarding possession of firearms and ammunition by individuals who have been convicted of a felony. “Ammunition” is defined as any projectile that can be expelled from a firearm by an explosive. “Felony” is defined as any offense punishable by imprisonment for four years or more, or any attempt to commit such an offense.

Under this law, a person who has been convicted of a felony is prohibited from, using, possessing, selling, transporting, purchasing, shipping, carrying, distributing, or receiving any firearm or ammunition in Michigan. This prohibition lasts for three years after certain conditions are met:

• The individual must have paid all fines imposed for their felony.
• They must have served all terms of imprisonment for their felony.
• They must have successfully completed all conditions of probation or parole.

Stricter Weapons Rules For Specified Felonies

The law is stricter for those convicted of specified felonies. These felonies typically involve violence, drug offenses, illegal firearm possession, use of explosives, or certain types of burglary or arson. For these individuals, the prohibition extends to five years under similar conditions.

Penalties For Violation

Violating these prohibitions is a serious offense. If a person convicted of a certain felony possesses, uses, transports, sells, or distributes firearms or ammunition within the prohibited timeframe, they may face a felony charge. This can lead to imprisonment for up to five years, a fine of up to $5,000, or both.

Exceptions To The Rule

It’s important to note that this law does not apply to convictions that have been expunged, set aside, or pardoned, unless the expunction, order, or pardon specifically states that the person is not allowed to possess firearms or ammunition.

Defense Strategies In Light Of Michigan’s Firearm And Ammunition Possession Statute

When facing charges under Section 750.224f, several defense strategies may be applicable. These defenses must be carefully tailored to the specifics of each case.

Expiration Of The Prohibited Period

A defense could be to demonstrate that the requisite time period (three years for general felonies, five years for specified felonies) has elapsed since completing all sentencing requirements, including fines, imprisonment, and probation or parole. Proof of time passage can negate the violation.

Restoration Of Rights

For those convicted of specified felonies, showing that their rights to possess firearms and ammunition were officially restored under Michigan law can serve as a defense.

Mistaken Identity Or Ownership

Arguing that the defendant was wrongly identified as possessing or dealing with firearms or ammunition, or that the items in question did not belong to or were not under the control of the defendant.

Lack Of Knowledge

Claiming lack of knowledge about the presence of the firearm or ammunition, especially in cases where these items were found in a shared or public space.

Illegal Search And Seizure

If the firearm or ammunition was discovered during an illegal search, this could lead to the suppression of evidence under the Fourth Amendment.

Conviction Set Aside Or Expunged

Providing evidence that the prior felony conviction was expunged or set aside, which would remove the restrictions imposed by this law, as long as the expunction or order does not specifically maintain the firearm or ammunition prohibition.

Pardon

Presenting a pardon that explicitly reinstates the right to possess firearms and ammunition.

The defendant’s criminal history, the circumstances of the alleged firearm or ammunition possession, and the details of any prior convictions all play a significant role in shaping an effective defense. A skilled gun crime attorney can evaluate these factors and determine the most appropriate defense strategy.

Frequently Asked Questions About Michigan’s Firearm Possession Laws For Felons

Does Michigan Law Prevent Felons From Having Guns?

Michigan law disallows felons from possessing, using, or distributing firearms and ammunition. Under this law, felons are prohibited from engaging in any activities related to firearms and ammunition in Michigan for at least three years. This prohibition applies after they have paid all fines, served imprisonment terms, and completed probation or parole.

Are There Stricter Rules For Certain Felonies?

Yes, the law imposes stricter rules for individuals convicted of specified felonies, involving violence or illegal firearm use. For these individuals, the prohibition extends to five years, and they must have their right to possess firearms or ammunition formally restored.

What Are The Penalties For Being A Felon In Possession Of A Firearm?

Violating these prohibitions is a serious felony offense, potentially leading to up to five years in prison, a $5,000 fine, or both.

Do Expunctions Of The Offense Affect This Law?

The prohibitions do not apply to convictions that have been expunged, set aside, or pardoned, unless stated otherwise in the expunction or pardon.

What Defense Strategies Exist For Charges Under This Statute?

Defense strategies include proving the expiration of the prohibited period, restoration of rights, mistaken identity, lack of knowledge, illegal search and seizure, expunged convictions, pardons, and challenging the felony classification. These defenses must be tailored to the specifics of each case, considering the defendant’s criminal history and circumstances of the alleged offense.

Contact Firearm Possession Lawyers At George Law For Legal Consultation

If you’re facing charges or have concerns about firearm possession laws as a felon in Michigan, it’s vital to seek professional legal help. Contact George Law at (248) 247-7459 or online to schedule a consultation. Our experienced defense attorneys can provide guidance on your case and legal options, helping you navigate through this complex legal landscape.

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