What is Felon in Possession of a Firearm?

Possession of a firearm by a person convicted of a felony is a felony itself. Anyone convicted of a crime who wishes to possess a gun should read the below law carefully.

When this article says “possess,” that refers to the possession, use, sale, transport, purchase, ship, carry, receive, or distribute a firearm or ammunition (basically anything related to the firearm is to be avoided).

Be sure to read the definition of “felony” and “specified felony” at the bottom of the page to be sure all bases are covered.

Three-Year Ban

  • A person convicted of a felony must not possess a firearm or ammunition until the three years have passed since;
    • All fines are paid for the conviction,
    • All terms of imprisonment have been served, and
    • All requirements of probation or parole are met.

Five-Year Ban

  • A person convicted of specified felony must not possess a firearm or ammunition until five years have passed since;
    • All fines are paid for the conviction,
    • All terms of imprisonment have been served,
    • All requirements of probation or parole are met, and
    • The person’s right to possess firearms or ammunition has been restored after a successful circuit court petition (unless person has obtained an expungement, then no need for circuit court restoration).

Penalties

The penalty for violation of this law is a felony, punishable by up to 5 years in prison, a $5,000.00 fine, or both.

What is a Felony?

For this law, a felony means any felony punishable by over 4 years imprisonment. This law does not apply to felonies punishable by 2 years imprisonment, or high (high court misdemeanors, which are really 2 year felonies (unless the conviction contained an element making it a specified felony).

A specified felony is a felony in which the crime involved;

  • The use, attempted use, or threatened physical force against the person or property of another, or that involved a substantial risk that physical force against he person or property  of another
  • A controlled substance
  • The unlawful possession or distribution of a firearm
  • The unlawful use of an explosive
  • A burglary of an occupied dwelling, or breaking and entering of an occupied dwelling, or arson.

MCL 750.224f

Contact us at 734.883.9584

Call Sam Bernstein at 734.883.9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Attorney in Ann Arbor focusing on Firearms Law.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.

Read More on Firearms Law

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.