House Bill 4715 which was enacted as Public Act 4 of 2014 became effective May 12, 2014. Under the amendment to MCL 750.224f a person who has a felony conviction can be now be convicted of felon in possession for merely possessing ammunition without necessarily possessing a firearm at the same time. MCL 750.224f now includes the following language:
“(6) A PERSON WHO POSSESSES, USES, TRANSPORTS, SELLS, CARRIES, SHIPS, OR DISTRIBUTES AMMUNITION IN VIOLATION OF THIS SECTION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH. (7) ANY SINGLE CRIMINAL TRANSACTION WHERE A PERSON POSSESSES, USES, TRANSPORTS, SELLS, CARRIES, SHIPS, OR DISTRIBUTES AMMUNITION IN VIOLATION OF THIS SECTION, REGARDLESS OF THE AMOUNT OF AMMUNITION INVOLVED, CONSTITUTES 1 OFFENSE.”
In Michigan, possession does not necessarily mean actual possession, i.e. on your body, but it also means constructive possession. Constructive possession is when the firearm, and now the ammunition, is deemed to be within your dominion and control. As a result of this amendment, if you now have ammunition, even a single bullet, in your belongings, you will likely be charged with this offense if you have a previous felony. It adds another bite to the apple for a charge/arrest/conviction for law enforcement. Previously, if you did not have the actual firearm, but possessed ammunition, you could not be charged. This unfortunately will likely have the effect to create even more habitual offenders and another gun charge to add to the trilogy normally charged – Carrying Concealed Weapon, Felony Firearm and Felon in Possession.
If you believe that you or someone you know may be facing these charges, contact K.F. Legal Consulting, PLLC for a consultation to discuss your case and your needs.
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