Felon in Possession of a Firearm in Michigan

An individual who has been convicted of any felony criminal offense in Michigan loses their right to possess a firearm. In fact, it is a felony criminal offense for an individual who has been convicted of a felony to do any of the following:

• Own a firearm
• Possess a firearm
• Use a firearm.

The prohibition covers all types of firearms.

The firearm does not have to be in working order for possession to be a criminal offense. If it is a weapon designed to deliver deadly force, it qualifies as a firearm under the law. In addition, 2 or more defendants can possess a firearm at the same time. An individual does not have to be touching or holding a firearm to possess it. A local Michigan attorney would be able to explain the offense in more detail.

An individual who has been convicted of being a felon in possession of a firearm can be sentenced to imprisonment for up to 5 years and payment of a fine of as much as $5,000 or both. The individual convicted must also give up any firearms that they own.

In addition, convictions of firearm offenses can result in deportation. A person would want to consult with an attorney about all the possible immigration consequences of conviction for being a felon in possession of a firearm.

To convict an individual of felon in possession, a Michigan district attorney must prove the following elements of the crime beyond a reasonable doubt:

• That the individual owned, cared for, controlled, or possessed the firearm
• That they knew that they had done this and
• That they have been convicted of felony criminal offense in the past.

To be considered a “felon,” as defined by the law, an individual has to have been convicted of a criminal offense that is classified as a felony. The individual could have been convicted in any of the 50 states in the U.S.

Of course, the federal government has its own system of criminal law, and an individual may have been convicted of a federal felony criminal offense, which also means that the individual may not possess firearms.

A “firearm” is any device designed for use as a weapon that uses an explosion or combustion to expel a projectile through a barrel. It does not need to be loaded or even in good working order.

A “firearm” includes the following:

• Long guns,
• Handguns, and
• Firearms that are concealed.

Possession does not mean that the person had the firearm on their person or in their hand. Possession can be actual and constructive. The term “actual possession” is defined as follows in Michigan:

• An individual has an item in their hand or on their person
• The item is within the reach of and under the control of an individual
• The item is in a container in the individual’s hand or on their person.

“Constructive possession” means knowingly having control over something, whether the control is direct, e.g., because an individual has it in their hand, or indirect, which is when the firearm is in a place controlled by an individual.

The law concerning how “possession” is defined can be quite technical. An individual should consult with an attorney if they have been charged with a firearm possession offense.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

Being a felon in possession of a firearm is itself a felony criminal offense in Michigan. If convicted, a defendant can face any combination of the following punishments:

• Incarceration in a state prison for a maximum of 5 years
• Payment of a fine of up to $5,000.

In addition, convictions of firearm offenses can result in deportation.

Can a Felon Be Around a Person With a Gun?

An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because “possession” may be defined as having control over an item. The law recognizes two types of possession:

• Actual possession and
• Constructive possession.

“Actual possession” means that the convicted felon has direct, physical control of a firearm. For example, they might have it on their person or in the glove compartment of their car.

The term “constructive possession” means having access to a firearm or the right to control it, even when the item is not within an individual’s actual physical possession. It is easy to imagine that a convicted felon in the presence of another who owns a gun that is physically accessible to both of them could be charged with the crime of possession.

Even if the convicted felon does not own the firearm, they might end up charged with possession and have to appear in court to argue that it was not theirs and they did not have constructive possession of it.

What Weapons Can a Felon Own To Protect Themselves?

As noted above, a “firearm” is any device intended to be used as a weapon and is powered by an explosion or combustion to expel a projectile through a barrel. To be convicted of the crime of being a felon in possession of a firearm does not require that the firearm is loaded or in good working order.

In Michigan law, a “firearm” may be any of the following:

• Long guns
• Handguns
• Pistols
• Rifles
• Concealed firearms.

An individual with a felony conviction would want to be sure to consult specific local laws also, because municipalities may impose additional restrictions or requirements on the possession of such devices as tasers and stun guns by convicted felons.

Otherwise, an individual who has been convicted of a felony might want to stay well away from firearms of all types. They might consider exercising extra caution in their activities to avoid any risk of harm and calling the police if their safety is threatened.

Can a Felon’s Gun Rights Be Restored?

An individual who has felony convictions may restore their right to possess a firearm in Michigan. There are two pathways to restoration. The pathway that one would choose depends on the character of the felony of which one was convicted.

If the felony is one of the following and 5 years have passed since the the defendant successfully completed all terms of their sentence, including payment of fines imposed, they may apply to restore their right to possess a firearm:

• The unlawful possession, distribution, or manufacture of a controlled substance
• The unlawful possession of a firearm
• The unlawful use of an explosive
• Burglary, or the breaking and entering of an occupied home
• Assault
• Arson.

A defendant would apply to the Concealed Weapons County Licensing Board in the county in which they live. The Board would schedule a hearing on the application.

The defendant would have to prove in a clear and convincing manner that their record and reputation are such that it is not likely that they would act in a manner that is dangerous to the public. If their proof is sufficient, the Gun Board must restore their rights to possess, use, purchase and carry a firearm.

If the County Board denies the application, they are entitled to appeal the decision to a Michigan circuit court.

If a defendant was convicted of any other felony not listed above, then their firearm rights are automatically restored after the following conditions have been met:

• Three (3) years have passed.
• The defendant has successfully completed all of the terms of their sentence.

Application to a County Gun Board and a hearing are not necessary.

Michigan expungement of a felony conviction may help a convicted felon in many ways, and is a pathway to restoration of their right to possess a firearm in some circumstances. Expungement leads to the setting aside of a non-violent criminal record. After expungement in Michigan, records can no longer be viewed to the public, but they are still maintained by state and federal law enforcement agencies.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you have been charged with being a felon in possession of a firearm, there are defenses available to you. LegalMatch.com can connect you to an Michigan criminal defense lawyer who can review your case and identify any defenses that might be available. Your lawyer would also know how to negotiate a plea agreement that may preserve your right to own a firearm. You will get the best result with a qualified Michigan criminal defense lawyer.