Possession Of A Firearm During A Felony

Michigan law imposes grave consequences for carrying or possessing firearms during certain felonies. This could include a long-term jail sentence and a hefty fine. Below, the experienced criminal defense lawyers at George Law provide an overview of a particular Michigan law concerning possession of firearms during felonies, and why you should consult with a lawyer if you have been criminally charged.

Carrying Or Possessing A Firearm During A Felony

Michigan Compiled Laws Section 750.227b says that if a person carries or possesses a firearm while committing or attempting to commit a felony (with specific exceptions), they are committing a separate felony. This means that apart from being charged for the primary felony, an additional charge is applied for carrying or possessing the firearm.

Punishment For Violation

There are strict punishments on individuals who involve firearms in felony activities. The law outlines a tiered punishment system for violations:

First Offense: A conviction for a first-time offense results in a mandatory imprisonment of 2 years.
Second Conviction: Upon a second conviction under this subsection, the mandatory imprisonment increases to 5 years.
Third or Subsequent Convictions: For a third or subsequent conviction, the imprisonment period is 10 years.

Importantly, the term of imprisonment under this law is in addition to any sentence imposed for the felony itself. These prison terms are served consecutively and must precede the imprisonment for the primary felony. Another vital aspect of this law is that the imprisonment term cannot be suspended, and the individual is not eligible for parole or probation during this mandatory term.

Rules for Pneumatic Guns (Airsoft) During Felonies

Michigan law specifically addresses pneumatic guns such as air rifles. The use of a pneumatic gun in the commission or attempt of a felony attracts the same tiered punishment structure as for firearms.

Defenses

Lack Of Possession Or Control Of The Firearm

A key element of the statute is that the individual must have been carrying a firearm or in possession of the firearm. If the defense can establish that the accused did not have actual or constructive possession of the firearm during the commission of the alleged felony, this could be a viable defense.

Mistaken Identity

In some cases, the accused might be misidentified as the person who committed the felony with a firearm. Presenting evidence that challenges the identification made by witnesses or surveillance footage can be a crucial defense.

Lawful Carrying Or Possession

While the statute generally penalizes carrying or possessing firearms during a felony, if the individual falls under certain exceptions, such as being a law enforcement officer on duty, this could be a defense. Additionally, proving that the carrying or possession of the firearm was otherwise lawful and unrelated to the felony could be a potential defense strategy.

The Felony Was Not In Progress

The statute applies when a firearm is carried or possessed during the commission or attempted commission of a felony. Demonstrating that the felony was not being committed or attempted at the time the firearm was carried or possessed could invalidate the application of this law to the accused’s situation.

Coercion Or Duress

If the accused was forced to commit the felony under threats or coercion, and by extension, forced to carry or possess the firearm, this could be used as a defense. Demonstrating that the accused acted under duress might mitigate the charges or lead to an acquittal. However, proving duress involves showing that there was an immediate threat of harm and no reasonable opportunity to escape the situation.

No Intent To Commit A Felony

Intent is a crucial element in many felony charges. If the defense can show that there was no intent to commit the underlying felony, it undermines the application of this particular law.

Constitutional Violations

Any violation of constitutional rights, such as unlawful search and seizure or lack of Miranda warnings, can be a basis for defense. These violations can lead to the suppression of evidence or even dismissal of charges.

Frequently Asked Questions

What happens if I possess a gun during a felony?

Michigan law mandates that carrying or possessing a firearm during the commission or attempt of a felony (except certain cases) is a separate felony. This leads to additional charges beyond the primary felony.

Does the statute treat air rifles similarly to traditional firearms?

Yes, the second subsection mirrors the first but specifically addresses pneumatic guns, applying the same punishment structure.

How can I defend against charges of possessing a firearm during a felony?

Several defenses can be considered, such as lack of possession or control of the firearm, mistaken identity, lawful carrying or possession, demonstrating that the felony was not in progress, coercion or duress, no intent to commit a felony, challenging the reliability of evidence, and constitutional violations. Each case demands a tailored defense strategy, highlighting the importance of consulting with a knowledgeable criminal defense attorney.

Contact George Law Gun Crime Lawyers

If you are facing charges under Michigan’s gun laws and need guidance from a criminal defense lawyer, don’t hesitate to contact George Law. Our team of experienced gun crime attorneys are ready to discuss your case and legal options. Reach out to us at (248) 247-7459 or connect with us online for a consultation.

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