Gun possession crimes are very strict. Whether you are in Michigan or anywhere else in the United States, facing a gun possession crime could be detrimental to you and your freedom.
Here at Haque Legal, it is our main goal to make sure that every person knows their rights when it comes to arrests relating to their deprivation of freedom. We have created this article series for you to get a clear overview of the gun possession crimes in Michigan.
This third article is dedicated to talking about the crime of Felon in Possession of a Firearm (FIP). What is the difference between this crime and the other gun possession crimes in Michigan? If you are caught with a gun, what are the charges that you could face?
Felon in Possession of a Firearm or Ammunition
In the first part of this series, we have discussed that there are two main gun possession crimes in Michigan. Felony Firearms have already been discussed. The other one is known as the crime of Felon in Possession of a Firearm (FIP). This crime is considered as can only be committed by someone who has previously been convicted of one or more felonies.
According to Michigan law, a felon is not allowed to possess a firearm or ammunition. There are a list of actions with a firearm until a specific time on passed before a person will be able to regain his right to possess a firearm
ELEMENTS
Generally, to be convicted of this crime the following elements must concur:
- That the person has been previously convicted of a crime or one or more felonies;
- That the person seems to be in possession of using transporting selling buying carrying shipping receiving or distributing a firearm in Michigan; and
- That the person has just been convicted of a felony at least three years before being caught in possession of a firearm.
DEFINITIONS
Here, Michigan Law is very specific when it comes to the definitions and it aims to include the following definitions:
- “Ammunition” means any projectile that, in its current state, may be expelled from a firearm by an explosive.
- “Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearms do not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by spring, gas, or air. The firearm does not have to be currently operable to qualify as a firearm under this statute.
- “Felony” means a violation of a law of this state, or another state, or of the United States that is punishable by imprisonment for four years or more, or an attempt to violate such a law. Accordingly, a conviction for a crime that is punishable by imprisonment for less than four years, or a conviction for an attempt to commit a crime punishable by less than four years imprisonment would not prohibit a person under this statute.
These are the definitions under Michigan Law.
In this crime, there are also two kinds of felonies, the specified felony, and the non-specified felony.
SPECIFIED FELONY
A specified felony, as defined in MCL 750.224f(10), includes, but is not limited to the following:
- felonies where an element of the felony is the use, attempted use, or threatened use, of physical force against the person or property of another;
- those felonies where an element is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance; and
- acts or felonies where an element is the unlawful possession or distribution of a firearm; felonies where an element is the unlawful use of an explosive; and burglary of an occupied dwelling, breaking an occupied dwelling and arson.
On the other hand, a non-specified felony does not fall under any of the descriptions.
What are the restrictions related to these felonies?
For a specified felony, the restrictions are limited to up to five years. For a non-specified felony, the restrictions are limited up to three years from the time that the conditions occur.
Can I be charged with Felon in Possession and Felony Firearms at the same time?
Yes, being charged with one does not automatically remove the other crime. As long as the elements concur and are present, you will be charged with both crimes.
This happens in a scenario when you are a felon, with no gun possession rights, who have been caught using a firearm while committing a felony. As complex as it may sound, that is exactly what it means. You can be charged with separate crimes for one single act.
This is where a good lawyer can help you out with your problem. A good lawyer can get the prosecutor to discuss the possibility of being charged with just one crime and plea bargain your way through the system. If you are ready to change and get your life back on track, we are here to help.
Is there a limit as to the firearms included in the charge?
No, there is no limit as to the kind of firearms that you can use, and that is included in the charge.
Contact Your Lawyer Today
If you have been charged with gun possession crimes in Michigan, you should contact us today. A lawyer can help you get started fighting for your rights. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you are in trouble for a gun possession crime, call our Southfield criminal defense attorneys immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.