FELON IN POSSESSION OF A FIREARM

FELON IN POSSESSION OF A FIREARM – FIP

In order for an accused to be charged with Felon in Possession of a Firearm, the following must apply:

1. A person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:

         (a) The person has paid all fines imposed for the violation.

         (b) The person has served all terms of imprisonment imposed for the violation.

         (c) The person has successfully completed all conditions of probation or parole imposed for the violation.

2. A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:

        (a) The expiration of 5 years after all of the following circumstances exist:

              (i) The person has paid all fines imposed for the violation.

              (ii) The person has served all terms of imprisonment imposed for the violation.

             (iii) The person has successfully completed all conditions of probation or parole imposed for the violation.

        (b) The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored under section 4 of 1927 PA 372, MCL 28.424

3. A person convicted of a felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until the expiration of 3 years after all of the following circumstances exist:

         (a) The person has paid all fines imposed for the violation.

         (b) The person has served all terms of imprisonment imposed for the violation.

         (c) The person has successfully completed all conditions of probation or parole imposed for the violation.

4. A person convicted of a specified felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until all of the following circumstances exist:

         (a) The expiration of 5 years after all of the following circumstances exist:

               (i) The person has paid all fines imposed for the violation.

               (ii) The person has served all terms of imprisonment imposed for the violation.

               (iii) The person has successfully completed all conditions of probation or parole imposed for the violation.

        (b) The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute ammunition has been restored under section 4 of 1927 PA 372, MCL 28.424.

If the accused is charged with Felon in Possession of a Firearm, the accused does not have to know that the weapon constituted a firearm under Michigan law.

A defendant can be convicted of Felon in Possession in violation of MCLS § 750.224f for possessing an inoperable handgun.

Possession or sale of a firearm by a felon is considered a felony. It falls under MCL 750.224f.

PENALTY
FELONY IN POSSESSION OF A  FIREARM 

A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

A person who possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

DEFENSE
FELON IN POSSESSION OF A  FIREARM

• SELF DEFENSE
• DURESS