Michigan gun charges have a feature that catches people completely off guard: they stack. The firearm charge is usually not the charge that hurts you most — it is the extra, mandatory, consecutive prison term bolted onto whatever else you are charged with.
I'm Shawn Haff, and I defend firearm charges throughout Kent, Ottawa, Allegan, and the surrounding counties. Here is what you are actually facing, and where these cases are won.
Felony Firearm Is the One That Matters
Under MCL 750.227b, carrying or possessing a firearm while committing or attempting a felony is a separate felony carrying a flat 2-year prison term. A second conviction is 5 years. A third or subsequent conviction is 10 years.
Three things make this the most dangerous statute in Michigan firearms law:
- The term is consecutive to and preceding the sentence for the underlying felony. It is added on, not served alongside.
- It cannot be suspended, and there is no parole or probation during it.
- You do not have to use the gun, or even touch it. Possession while committing the felony is enough.
This is why a felony firearm count is so often the real negotiation in the case. Getting it dismissed as part of a plea is frequently worth more to a client than anything that happens on the principal charge.
Carrying a Concealed Pistol Without a CPL
MCL 750.227 makes carrying a pistol concealed on your person — or anywhere in a vehicle you are operating or occupying — a 5-year felony, punishable by a fine of up to $2,500, unless you are licensed. The vehicle language is what surprises otherwise law-abiding people: a pistol in a glove box or under a seat can support the charge even though nothing was on your person, and even if it was not hidden.
There are exceptions for your own home, your place of business, and other land you possess. Whether an exception fits is fact-specific and worth a careful look before anyone pleads to anything. If you hold a CPL, see what disqualifies a Michigan CPL.
Felon in Possession
MCL 750.224f bars firearm possession after a felony conviction. The restrictions differ by offense:
- Most felonies: rights return automatically three years after you have paid all fines, served all terms of imprisonment, and completed all conditions of probation or parole.
- Specified felonies: five years after those same conditions are met, and only once your rights are formally restored under MCL 28.424. This second step is the one people miss — the clock running out is not enough, and possessing a firearm in the belief that it was is a new felony.
The statute also restricts ammunition. If you are unsure of your status, find out before you touch a firearm, not after.
The Laws That Changed on February 13, 2024
Three significant changes took effect that day, and they are now generating charges against people who have never been in trouble before.
Secure storage (2023 PA 17)
If you store or leave a firearm unattended on premises where you know, or reasonably should know, a minor is or is likely to be present, it must be in a locked box or container, or unloaded with an engaged locking device. The penalties scale with what happens next:
- A minor obtains it and exhibits it in public, or carelessly or threateningly in front of someone: 93 days and up to $500.
- A minor obtains it, discharges it, and injures someone: 5-year felony, up to $5,000.
- Discharge causing serious impairment of a body function: 10-year felony, up to $7,500.
- Discharge causing death: 15-year felony, up to $10,000.
See also Michigan gun storage rules for owners.
Universal background checks
Background check and licensing requirements that used to apply only to pistols now extend to all firearm purchases, including private sales.
Extreme risk protection orders (2023 PA 38)
Michigan's red flag law lets a court order someone to surrender firearms and their CPL on a finding, by a preponderance of the evidence, that they could be expected in the near future to seriously injure themselves or another person with a firearm. An ERPO petition is a civil proceeding with criminal consequences attached, and it deserves a real response rather than a default.
Domestic Violence and Gun Rights
A domestic violence conviction can cost you your firearms even when the sentence involves no jail at all, and federal law reaches further than many people expect. This trips up CPL holders constantly — see gun rights after a Michigan domestic violence conviction.
How These Cases Get Won
- The stop and the search. Most firearm cases begin with a traffic stop or a pat-down. If the stop lacked reasonable suspicion or the search exceeded its scope, the gun is suppressed and the case usually ends.
- Possession itself. A firearm in a car with three occupants is not automatically yours. Constructive possession requires proof of knowledge and control.
- Breaking the stack. Defeating or negotiating away the felony firearm count can matter more than the principal charge.
- Licensure and exceptions. CPL status, home and business exceptions, and transport rules resolve more of these cases than people expect.
- Knowledge. Several of these offenses require that you knew what you possessed and what your legal status was.
If you are charged with a firearm offense anywhere in West Michigan, call me at 616-438-6719. Consultations are free, and I answer 24/7.
Michigan Gun Charge FAQ
What is felony firearm in Michigan and how much time does it add?
Under MCL 750.227b, carrying or possessing a firearm while committing or attempting a felony is a separate felony carrying a flat 2-year prison term, 5 years on a second conviction, and 10 years on a third or subsequent conviction. The term is served consecutively to and preceding the sentence for the underlying felony, it cannot be suspended, and there is no parole or probation during it.
Is carrying a concealed pistol without a CPL a felony in Michigan?
Yes. MCL 750.227 makes it a felony punishable by up to 5 years in prison or a fine of up to $2,500. The statute covers a pistol carried concealed on your person and a pistol anywhere in a vehicle you are operating or occupying, whether concealed or not. There are exceptions for your dwelling, your place of business, and other land you possess.
When can a convicted felon possess a firearm again in Michigan?
Under MCL 750.224f, for most felonies the right returns three years after all fines are paid, all terms of imprisonment are served, and all conditions of probation or parole are completed. For a specified felony it is five years after those conditions are met AND the person’s rights must be formally restored under MCL 28.424. Waiting out the clock is not enough for a specified felony.
What does Michigan’s secure storage law require?
Since February 13, 2024, if you store or leave a firearm unattended where you know or reasonably should know a minor is or is likely to be present, it must be in a locked box or container, or unloaded with a properly engaged locking device. Penalties run from a 93-day misdemeanor and a $500 fine up to a 15-year felony and a $10,000 fine if a minor obtains the firearm, discharges it, and causes death.
Can police search my car and charge me for a gun that is not mine?
They can charge you, but the prosecutor still has to prove constructive possession — that you knew about the firearm and had the ability to control it. A gun found in a car with several occupants is not automatically attributable to any one of them. The legality of the stop and the scope of the search are also frequently the strongest issues in the case.