Can a Felon Own a Gun in Michigan?
In Michigan, owning a gun as a felon is a serious legal issue that can result in severe penalties. Michigan, like other states in the United States, has laws in place to restrict the possession of firearms for individuals with certain criminal records, including felonies. In this article, we will explore the laws surrounding felon gun ownership in Michigan and what legal implications may arise if an individual attempts to own a gun as a convicted felon.
The Law in Michigan
Michigan’s penal code defines a felon as an individual who has been convicted of a felony or a serious crime. Michigan law prohibits the possession, sale, or manufacture of firearms by felons (MCL 750.222a). Additionally, Michigan’s firearms laws restrict the transfer or possession of firearms to individuals who are not lawfully allowed to possess them.
Automatic Disqualification
Individuals who have been convicted of a felony, including assault, robbery, or theft, are automatically disqualified from owning or possessing a firearm under Michigan law (MCL 28.424b). This means that individuals with felony convictions cannot obtain a concealed pistol license, purchase or possess firearms, or have a firearm in their home or possession, even with the consent of the firearm’s owner.
Enhanced Sentencing
Michigan law also enhances the punishment for felons who possess or use a firearm while committing a crime. Specifically, Michigan Code Section 750.136 provides that individuals convicted of a felony and possessing or using a firearm during the commission of that crime are subject to a minimum prison sentence of five years. This law is intended to deter felons from committing crimes while armed.
Exceptions to the Rule
While felons are generally prohibited from owning or possessing firearms, there are certain exceptions to the rule:
• Pardons: An individual who has been convicted of a felony and has received a pardon from the governor of Michigan or has had their record expunged may be able to legally own or possess a firearm (MCL 750.410, MCL 771.12).
• Probation or Parole: Individuals who are on probation or parole may be subject to firearms restrictions as part of their sentencing conditions (MCL 750.136b).
• Mental Health: Felons with mental health conditions may be allowed to own or possess firearms under the terms of their probation or parole, subject to a court order and medical certification (MCL 768.36).
Penalties for Felon in Possession of a Gun
The penalties for felons found in possession of a firearm are severe. In addition to the criminal penalties listed above, Michigan law provides for additional punishment, including:
• Fines: Up to $2,500 for the first offense, with increased fines for subsequent offenses.
• Imprisonment: A mandatory minimum sentence of 1-5 years, with increased penalties for multiple convictions.
• Criminal Forfeiture: Forfeiture of any weapons, ammunition, or proceeds derived from the crime (MCL 750.136d).
In Conclusion
In summary, owning a gun as a felon in Michigan is strictly prohibited. Individuals who have been convicted of a felony, including assault, robbery, or theft, are automatically disqualified from owning or possessing firearms. Additionally, Michigan law provides for enhanced sentencing and penalties for felons who possess or use firearms during the commission of a crime. While there may be exceptions to the rule, individuals convicted of felonies must exercise extreme caution and seek legal advice before attempting to own or possess firearms. It is crucial for individuals with felony convictions to understand and comply with Michigan’s laws regarding firearm possession to avoid legal consequences.
