THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.227b Carrying or possessing firearm when committing or attempting to commit felony; carrying or possessing pneumatic gun; exception; "law enforcement officer" defined. Sec. 227b.

(1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years. (2) A person who carries or has in his or her possession a pneumatic gun and uses that pneumatic gun in furtherance of committing or attempting to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years. (3) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the conviction of the felony or the attempt to commit the felony and shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony. (4) A term of imprisonment imposed under this section shall not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed under subsection (1) or (2). (5) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in the official performance of his or her duties and who is in the performance of those duties. As used in this subsection, "law enforcement officer" means a person who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.

History: Add. 1976, Act 6, Eff. Jan. 1, 1977 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 2015, Act 26, Eff. July 1, 2015 Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).

Understanding Michigan's Laws on Carrying or Possessing Firearm When Committing a Felony

Today, we're breaking down an excerpt from the Michigan Penal Code, Act 328 of 1931, Section 227b. This section outlines the legal implications for anyone found to be carrying or possessing a firearm or a pneumatic gun while committing or attempting to commit a felony.

Carrying or Possessing Firearm or Pneumatic Gun During a Felony

Under Michigan law, any individual found to be carrying or possessing a firearm or a pneumatic gun while committing or attempting to commit a felony (except for the violations of sections 223, 227, 227a, or 230) is guilty of a felony themselves. The punishment for such a crime is stipulated as follows:

• On the first conviction, the person is to be sentenced to imprisonment for two years.
• Upon a second conviction, the imprisonment term increases to five years.
• A third or subsequent conviction under this section results in a ten-year imprisonment term.

This law explicitly states that the imprisonment terms are to be served consecutively to, and preceding any imprisonment imposed for the original felony or attempted felony. Furthermore, any term of imprisonment imposed under this section is not to be suspended, and the person convicted is not eligible for parole or probation during this mandatory term.

Exceptions

There is, however, an exception to this law. It does not apply to law enforcement officers who are authorized to carry firearms while performing their official duties, as long as they are actually performing those duties at the time.

Defining Law Enforcement Officers

The law defines "law enforcement officer" as someone regularly employed as a member of an authorized police agency or other organization within the United States or within specific jurisdictions of this state, who is responsible for crime prevention and detection, and the enforcement of general criminal laws of the state.

By understanding these laws, individuals can make more informed decisions about firearm and pneumatic gun possession, and avoid unintentional violations and their legal consequences. However, the legal landscape can change, and individual situations can vary, so always consult with a legal professional to get advice tailored to your specific circumstances.