Felon in Possession of Firearm Amended
On May 12, 2014, the firearms chapter of the penal code was amended by prohibiting people convicted of felonies from possessing, using, transporting, selling, carrying, shipping, or distributing ammunition or firearms in Michigan.
Felon in Possession of Ammunition
Basically, the law has been amended to add ammunition to the list of things a felon cannot posses. It seems a bit silly, since ammo doesn’t do much without a gun to project it. My guess it the thought behind the new law is that if a felon cannot have a gun they have no need for ammo. Anyway, if a felon is found possessing a firearm or ammo then they can be charged with felon in possession of a firearm, a felony that carries up to 5 years in prison and $5,000.00 in fines.
Definition of a Felony
“Felony” means any crime punishable by imprisonment for four years or more, or an attempt to violate such a law. A conviction for a crime that is punishable by imprisonment for less than four years, or a conviction for an attempt to commit a crime punishable by less than four years imprisonment would not prohibit a person under this statute. There are a lot of 2 year felonies that people could be convicted of that obviously wouldn’t apply to this statute.
Restoring Gun Rights
If a person is convicted of a “specified felony” they cannot posses a firearm until five years after the person has paid all fines imposed for the violation, five years after the person has served all terms of imprisonment imposed for the violation and five years after the person has successfully completed all conditions of probation or parole imposed for the violation, AND The person’s rights have been restored by a concealed weapons licensing board.
“Specified felony” is a felony where an element of the felony is the use or attempted use of physical force against another person or their property, or where an element is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance, or a felony where an element is the unlawful possession or distribution of a firearm, or a felony where an element is the unlawful use of an explosive, or the burglary, B & E, or arson of an occupied building.
A person convicted of a “non-specified felony” cannot possess a firearm until three years after the person has paid all fines, the person has served all terms of imprisonment, and the person has successfully completed all conditions of probation or parole imposed for the violation.
A person convicted of a non-specified felony does not need to have his or her firearm and ammunition rights restored by a concealed weapons licensing board.
Michigan Criminal Lawyer
If you are facing gun charges then you need to contact Michigan criminal lawyer, Aaron J. Boria. We fight for our clients and we get results. Call (734) 453-7806
For more information on firearm crimes in Michigan click here.