Felon in Possession Includes Firearm Ammunition
Michigan’s Felon in Possession law also prohibits the possession of ammunition by a convicted felon.
If you possess ammunition with a felony record, you risk prosecution.
The State of Michigan already prevents people convicted of felonies from possessing firearms. An updated statute went into effect prohibiting certain individuals convicted of felonies from possessing, using, transporting, selling, carrying, shipping, or distributing ammunition in addition to firearms in the State of Michigan until certain conditions are met. The charge is called Felon in Possession of Ammunition, and the felony offense is punishable by up to 5 years in prison.
Under the updated felon in possession of a firearm statute, ammunition is defined as any projectile that, in its current state, might be expelled from a firearm by an explosive. A firearm is a weapon from which an explosive, gas, or air may propel a dangerous projectile. The definition of “firearm” includes currently inoperable firearms but not a smooth-bore rifle or handgun designed to propel BBs not exceeding .177 caliber by spring, gas, or air.
Felons Cannot Legally Possess Ammunition.
The updated Felon in Possession of Ammunition law applies to individuals with a previous felony conviction. Under this statute, a felony refers to a conviction for an offense punishable by imprisonment for one year or more. This statute does not prohibit a person convicted of a crime punishable by less than one year, except for domestic violence-related offenses (including misdemeanors).
This Amendment applies differently to people convicted of different types of felonies. The length of time a convicted felon is prohibited from possessing ammunition or firearms is based on the type of felony conviction, either specified or unspecified.
A “specified felony” includes, but is not limited to:
- 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.
- Felonies, where an element is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
- Felonies where an element is the unlawful possession or distribution of a firearm;
- Felonies where an element includes the unlawful use of an explosive.
- Burglary of an occupied dwelling, breaking and entering an occupied residence, and arson.
The provision regarding “specified felonies” applies to Felon in Possession of Ammunition and Felon in Possession of a Firearm.
Frequently Asked Questions
Is it illegal for a felon to be around ammunition?
It is NOT illegal for a felony to be near or around ammunition. On the other hand, it is illegal for someone with a felony conviction to “possess” ammunition. Someone can possess ammunition by physically or legally controlling it. Physically holding ammunition, a loaded gun, or a box containing bullets is actual possession. Legal or constructive possession means exercising dominion and control of something. For example, someone is in constructive possession of ammunition if they store it in a safe, storage facility, or vacation property.
What is the Penal Code or PC for felon in possession of ammo?
The Michigan Statute is MCL 750.224f. The federal statute is 18 U.S.C. § 922(g)(1) (possession of a firearm or ammunition by a prohibited person).
What can felons not do in Michigan?
Unless someone with a felony conviction gets their firearm rights restored, they face years in prison for possessing a firearm or ammunition. Under Michigan law, firearm rights are automatically restored after several years for those convicted of some felony offenses. For many felony convictions, a person must seek restoration of their firearm rights in a circuit court pursuant to MCL 28.424. The federal government, including the Federal Bureau of Investigations (FBI), does not recognize or honor Michigan’s restoration of firearm rights laws.
What is the federal statute for felon in possession of a firearm?
The federal statute for Felon in Possession of a Firearm or Ammunition is 18 USC §922(g). Recent court decisions throughout the United States have voided felon in possession of firearm convictions based on the protection and guarantees of the 2nd Amendment to the United States Constitution.
Can a felon be next to a gun?
Although it is not technically illegal for someone with a felony conviction to be next to or close to a gun, it is not advisable because law enforcement officers or agents could easily misinterpret the situation and believe the person is in possession of the firearm. A person’s proximity to a firearm can be strong evidence proving they were in actual or constructive possession of a gun or ammunition.
Is ammunition protected under the Second Amendment?
The Second Amendment’s Right to “keep and bear arms” includes ammunition. Ammunition is an integral and essential “part” of any firearm. The right to keep and bear firearms would be nullified without the right to ammunition.
Michigan Firearms Defense Lawyers
If you, or someone you know, is charged with a misdemeanor or felony involving a firearm, ammunition, or another weapon, including Felon in Possession of Ammunition, the attorneys at LEWIS & DICKSTEIN P.L.L.C. can help. We have decades of experience defending people charged with weapons offenses, including Felon in Possession of Ammunition, and we can help you. When your freedom is at stake, it is essential that you have the best legal representation available. Call us for a free consultation. We will take the time to talk with you, answer your questions, and address your concerns. Our Defense Team has an unparalleled record for successfully protecting our clients’ Second Amendment rights and defending them against federal and state criminal ammunition or weapons charges.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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