Getting arrested for a gun charge can present a very challenging situation for criminal defendants here in Michigan. Gun charges can either be state or federal, so you may be facing one or more prosecutions. Whether your charges stem from the use of a firearm in the commission of another crime or some form of unlawful possession, you are going to need the assistance of an experienced criminal defense attorney.
Charges for use or possession in commission of a crime
Federal and state law prohibit the use or possession of a firearm in relation to a crime of violence or drug trafficking. Federal law has two key provisions that govern this, 18 USC 924C and 924G. Of the two, 924C can result in a harsher sentences since it carries mandatory minimums. Under this law, simply possessing the firearm carries a five year mandatory minimum sentence. This means that the judge in sentencing you will not be able to give a downward departure below this sentence. If the weapon is brandished in committing the crime, then the mandatory minimum increases to seven years in prison, with discharging the weapon resulting in a 10 year mandatory minimum. If the person is a repeat offender who has a prior conviction under 924C, he or she will be facing a mandatory minimum of 25 years, with repeat offenses for illegal weapons carrying a life sentence.
924G is a broader law that mostly involves transporting a firearm across state lines while involved in the illegal distribution of a controlled substance. This carries a sentence of up to 10 years, giving the judge some leeway to take into consideration mitigating circumstances that could result in a downward departure below the 10 year maximum sentence.
It is also unlawful under 924 to make a knowingly false statement when applying for a firearms license or purchasing a firearm. This includes individuals with felony convictions, domestic violence charges, a history of substance abuse, and a history of mental illness. The punishment for this crime is a fine and up to 15 years in federal prison.
Michigan has its own felony firearm law. If a person is convicted of possessing a firearm while committing a felony, he or she will receive a mandatory minimum of two years in state prison for a first offense, five years in prison for a second offense, and 10 years in prison for each subsequent offense.
Felon in Possession Laws
It is a federal and state crime for anyone with a felony conviction to own or possess a firearm in Michigan. Unless the ex-offender has received a pardon, expungement or other relief from civil disability, he or she will be facing at least five years in prison and a fine of up to $5,000 under Michigan law. The penalties are even harsher for a felony in possession under federal law. If arrested and convicted, a person with a prior felony conviction could face up to 10 years in prison and a fine of up to $250,000. This increases to a mandatory minimum of 15 years in prison if the person has at least three prior felony convictions for a violent crime or drug offense. These felon in possession laws can even apply if the firearm is owned by another person in the same household as the ex-offender. To avoid this, the defendant would have to show that he or she lacked knowledge of the existence of the firearm, as well as access to it and any ammunition.
Illegal Firearms
Certain firearms are illegal to possess under federal and state law. This includes machine guns, short barreled shotguns and rifles (which are commonly referred to as sawed off shotguns), firearms with silencers or suppressors, and concealable guns. Federal law imposes a sentence of up to 30 years in prison for any violation. However, registered machine guns that were lawfully purchased before 1986 are exempt from this law.
Anyone convicted for possession or use of an illegal firearm in the commission of a crime will have to serve his term after completing whatever sentence has been imposed for the underlying crime. This is because judges are prohibited from allowing the term of imprisonment for the gun charge to run concurrently with any other term of imprisonment. So, if a person gets a seven year mandatory minimum for the gun charge and ten years for possession of a controlled substance, he or she will have to complete the term of incarceration for the controlled substance charge before beginning to serve the seven year mandatory minimum for the gun charge.
If You Are Arrested for a Gun Charge, Call Our Firm Today
As you can see, gun charges carry very harsh penalties, especially if you are a felon in possession, are charged with owning an illegal firearm, or are charged with the use or possession of a firearm in the commission of a crime. The experienced criminal defense attorneys at Federal Criminal Attorneys of Michigan can provide you with the representation you need to get a positive outcome from your gun charge.
