There are two general distinctions when it comes to understanding Michigan’s felony gun laws. The first is called “Felon in Possession of a Firearm.” If a person previously convicted of a felony has not served their full probation period, has not paid all their fines or restitutions, or it has not been 3 years since the stipulations stated have been completed then they could be charged with this offense, which is also a felony. This statute also prohibits individuals from transporting, buying, selling, or manufacturing ammunition.

The second distinction, which is also what most people assume when they hear the term “Felony Firearm” is that of being in possession or carrying a weapon while in the commission of a felony. If a person is in the act of committing a burglary, battery, or assault, and they are carrying a firearm or are in possession of a firearm they could be charged simultaneously with a felony firearm charge. Brandishing or threatening someone with a gun is not necessary for conviction. If convicted of this and the felony they were in the process of committing they could be serving two consecutive sentences. The state has imposed harsh penalties when it comes to this offense. This offense carries no possibility of parole and if convicted a person faces a mandatory minimum sentence of 2 years for the first offense, 5 for the second, and 10 for the third. There are defenses that an experienced criminal defense attorney can bring up to minimize the possibility of being convicted. For example, the prosecution must prove that the defendant was in-reach of a gun. Simply being the owner of a firearm is not enough for a felony firearm charge.