Pursuant to State of Michigan and Federal laws, it is against the law for a felon to be in possession of a firearm. For State law purposes, a felony is defined as an offense that is punishable by up to four years in prison. Unless the offense is a specified felony, the law forbids possession within three years after the conviction. If the felony involves drugs, firearms or explosives the time period is five years.
Federal law forbids possession of a firearm by persons convicted of an offense that carries one or more years in jail.
In order to prove possession of a firearm by a prohibited person, the prosecution must prove the following elements:
(1) You possessed or received a firearm or ammunition
(2) You have a felony conviction on your record OR you are awaiting trial for a felony charge
In Michigan, MCL 750.224(f) governs the state crime of felon in possession of a firearm. In Michigan, when a person convicted of a felony possess, uses, transports, sells, purchases, carries, ships, receives or distributes a firearm they will be charged under this law. If convicted, you will be facing a 5-year felony and a fine of up to $5,000.00.
If you are convicted of a state or federal gun crime you will be facing very stiff penalties. You need an experienced gun crime attorney on your side. If you have been charged with a gun crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Barton Morris was recently voted Top Attorney in Metro Detroit for 2012 and 2013 in the area of criminal defense.