Mich. Comp. Laws § 750.227b

Section 750.227b does not violate the constitutional right against double jeopardy.

People v. Hutcherson · filed 1980-01-10

Next, defendant claims that his conviction under the felony-firearm statute is invalid because the statute violates his constitutional right against double jeopardy. This claim was recently settled and has been rejected by the Michigan Supreme Court in Wayne County Prosecutor v Recorder's Court Judge, 406 Mich 374; 280 NW2d 793 (1979).

Section 750.227b(1) authorizes cumulative punishment for felony-firearm and felon in possession because felon in possession is not one of the statute's enumerated exceptions.

Cistrunk v. Campbell · filed 2020-01-23(1)

The Michigan Legislature intended to impose multiple punishments for the offenses of felon in possession of a firearm and possession of a firearm during the commission of a felony such that Petitioner’s convictions for both of those offenses do not violate double jeopardy protections.

Section 750.227b(1) permits an additional felony-firearm sentence for a felon-in-possession conviction because felon-in-possession is not one of the statute’s four enumerated exceptions.

People v. Cain · filed 2012-12-20(1)

The offense of felon-in-possession is not one of the four exceptions specifically listed in the felony-firearm statute. See MCL 750.227b. Therefore, pursuant to clearly established precedent, defendant’s convictions for felon-in-possession and felony-firearm did not violate his double jeopardy rights.

Section 750.227b does not violate federal or state double jeopardy protections when applied alongside a conviction for assault with intent to rob while armed.

People v. Mitchell · filed 1978-09-20

We reject defendant's claim that the felony-firearm statute is an unconstitutional violation of the Federal and state double jeopardy clauses as applied to him in this case for the reasons set forth in People v Walter Johnson.

Section 750.227b permits cumulative punishment for both the underlying felony and possessing a firearm during that felony without violating double jeopardy.

People v. Dillon · filed 1978-12-08

In the present case the Legislature clearly intended that a defendant who possesses a firearm during the course of a felony be punished for both the felony and the possession of the firearm. This intent is evidenced by the consecutive sentencing requirement and the mandatory two-year sentence for the possession of the firearm. Although the statutory goal might better have been accomplished by enacting a sentence-enhancement scheme similar to that of the habitual offender act, MCL 769.10-769.13; MSA 28.1082-28.1085, the failure to draft the felony-firearm statute in such a manner does not render it constitutionally infirm. See Gore v United States, 357 US 386, 392-393; 78 S Ct 1280; 2 L Ed 2d 1405 (1958). Therefore, we concur with other panels of this Court and uphold the validity of the felony-firearm statute.

Section 750.227b permits a felony-firearm conviction alongside an armed robbery conviction arising from the same criminal transaction without violating double jeopardy.

People v. Carter · filed 1979-01-03

Defendant also claims that it is a violation of double jeopardy, US Const, Am V, Const 1963, art 1, § 15, to convict him of both armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2), as a result of one criminal transaction. For the reasons stated in Judge BEASLEY's opinion in People v Walter Johnson, 85 Mich App 654; 272 NW2d 605 (1978), we conclude that these convictions did not violate the double jeopardy clause.

Section 750.227b creates a separate felony for carrying or possessing a firearm during a felony or attempted felony and requires its sentence to be imposed cumulatively, consecutively, and before the sentence for the underlying offense.

Wayne County Prosecutor v. Recorder's Court Judge · filed 1979-11-13(1), (2)

The statute decrees that any person carrying or possessing a firearm during a felony or attempted felony "is guilty of a felony" and shall be imprisoned for two years. This two-year sentence must be imposed "in addition to" the sentence for the felony or attempted felony and must be served "consecutively" to and "preceding" the sentence for that crime.

Section 750.227b applies to armed robbery and permits a separate felony-firearm conviction and mandatory minimum punishment without violating double jeopardy.

People v. Gary Hughes · filed 1978-09-20(1)

The statute applies by its terms to all felonies except those explicitly excluded. ... "Felony" includes robbery armed. MCL 750.529; MSA 28.797. By this statute the Legislature has attempted to make certainty of minimal punishment the standard where firearms are involved in the commission of felonies. The minimal punishment purpose applies with equal force to robbery armed crimes as to other crimes. As it cannot be doubted that the Legislature could have amended the robbery armed statute to add as a proviso that there be a minimal punishment where the dangerous weapon is a firearm, without offending the double jeopardy clause, see Gore v United States, supra , there is no double jeopardy impediment to its attainment of the same goal by separate statute. Since the Legislature intended the type of result obtained in the instant case, the convictions do not violate double jeopardy protection.

Section 750.227b permits a felony-firearm conviction alongside an armed-robbery conviction without violating double-jeopardy protections.

People v. Williams · filed 1980-07-02

Defendant first contends that his conviction for felony-firearm is violative of double jeopardy protections. This issue has been resolved against defendant's position in Wayne County Prosecutor v Recorder's Court Judge, 406 Mich 374; 280 NW2d 793 (1979), app dis sub nom Brintley v Michigan, 444 US 948; 100 S Ct 418; 62 L Ed 2d 317 (1979). ... Accordingly, we affirm defendant's felony-firearm conviction, as well as one count of armed robbery, and the sentences imposed thereupon.

Section 750.227b allows a felony-firearm conviction together with an armed-robbery conviction without violating double-jeopardy protections.

People v. Casey · filed 1980-12-16

Defendant’s final claim that convictions for both felony-firearm and armed robbery violate constitutional protections against double jeopardy has been decided adversely to his position.

Section 750.227b permits a felony-firearm conviction in addition to a conviction for the underlying felony without violating double jeopardy.

People v. Berry · filed 1980-11-24

It is argued that the Court of Appeals erred in setting aside defendant Berry’s convictions of felony firearm on the theory that her convictions of the underlying felonies and felony firearm constituted double jeopardy. We agree.

Section 750.227b allows a felony-firearm conviction alongside a conviction for the underlying assault without violating the Double Jeopardy Clause.

People v. Larry Smith · filed 1981-05-06

On January 23, 1979, defendant was convicted by a jury of assault with intent to commit great bodily harm less than murder, MCL 750.84; MSA 28.279, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). ... Defendant concedes that his final contention, that his convictions of both felony-firearm and assault for only one assault violate the Double Jeopardy Clause, has been resolved to the contrary.

Section 750.227b permits a felony-firearm conviction in addition to a felonious-assault conviction without violating double jeopardy.

People v. Owens · filed 1981-08-18

On May 3, 1978, defendant was convicted by a jury of felonious assault, MCL 750.82; MSA 28.277, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). ... Defendant argues that his conviction for both possession of a firearm during the commission of a felony and felonious assault violates his constitutional right not to be twice placed in jeopardy. We consider the decision of the Supreme Court in Wayne County Prosecutor v Recorder's Court Judge, 406 Mich 374; 280 NW2d 793 (1979), dispositive of this issue. Conviction on both counts does not place the defendant in double jeopardy.

Section 750.227b creates a separate crime distinct from the underlying felony and requires cumulative punishment.

People v. Carmouche · filed 1982-01-06

In enacting the felony-firearm statute, the Legislature intended to create a separate crime distinct from the underlying felony and intended that cumulative punishment should be imposed.

A felony-firearm conviction and a short-barreled-shotgun possession conviction cannot both stand when the felony-firearm proofs necessarily establish the possession charge and both convictions rest on a single act.

People v. Bonner · filed 1982-05-04

The factual proofs of felony-firearm in this case necessarily proved the charge of possession of a short-barreled shotgun in this case. Since the convictions are based on proof of a single act, the multiple convictions cannot be allowed to stand.

Section 750.227b creates a separate offense whose sentence is cumulative to, not a substitute for, sentences for other offenses.

People v. Lewis · filed 1983-10-12

Felony-firearm is a separate and distinct offense from other simultaneous charges. ... Its sentence is intended to be cumulative to, and not a substitute for, sentences for other offenses.

Section 750.227b permits a separate felony-firearm conviction for each separate felony committed by a person possessing a firearm, including separate felonies committed during a single transaction.

People v. Morton · filed 1985-11-22(1)

Where, as here, the defendant is convicted of separate assaults, we perceive no reason why he may not also be convicted of separate counts of felony-firearm.

Section 750.227b permits convictions for both felony-firearm and armed robbery without violating constitutional prohibitions against double jeopardy.

People v. Seays · filed 1983-06-06

Defendant pled guilty in the Wayne County Circuit Court to armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). ... We also reject defendant's contention that convictions for both armed robbery and possession of a firearm during the commission of a felony is violative of constitutional prohibitions against double jeopardy.

Section 750.227b permits a conviction for possessing a firearm during a felony alongside a conviction for first-degree criminal sexual conduct without violating double jeopardy.

People v. Bright · filed 1983-06-21

Defendant’s argument that the constitutional prohibition of double jeopardy prevented his conviction of both first-degree criminal sexual conduct and possession of a firearm during the commission of a felony is without merit.

Convictions for both manslaughter and felony-firearm do not violate the constitutional prohibition against double jeopardy.

People v. Audison · filed 1983-07-06

Finally, defendant argues that her convictions for both manslaughter and felony-firearm violate the constitutional proscription against double jeopardy. We disagree.

Section 750.227b permits a felony-firearm conviction alongside a concealed-weapon conviction when the felony-firearm offense is based on a distinct felony.

People v. Peyton · filed 1988-03-09

In this case, we find no violation of the double jeopardy clause when defendant was charged and convicted of both carrying a concealed weapon and felony-firearm. The felony-firearm offense was based on the distinct felony of possession of cocaine.

Section 750.227b permits separate convictions for felony-firearm and possession of a short-barreled shotgun when the shotgun-possession offense is not the predicate felony for the felony-firearm charge.

People v. Booker · filed 1994-12-20

The Legislature intended to authorize multiple convictions for felony-firearm and possession of a short-barreled shotgun where the possession offense did not serve as the underlying felony for the felony-firearm conviction.

Section 750.227b(1) permits cumulative punishment for felony-firearm and felon in possession because felon in possession is not one of the statute’s four enumerated felony exceptions.

People v. Calloway · filed 2003-11-25(1)

Because the felon in possession charge is not one of the felony exceptions in the statute, it is clear that defendant could constitutionally be given cumulative punishments when charged and convicted of both felon in possession, MCL 750.224f, and felony-firearm, MCL 750.227b.

Section 750.227b permits felon-in-possession to serve as the underlying felony and authorizes cumulative punishment for both felony-firearm and felon-in-possession without violating double jeopardy.

People of Michigan v. Angelo Weems · filed 2015-05-05(1), (2)

Subsection (2) of the felony-firearm statute, MCL 750.227b, provides that “[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.” (Emphasis added). Because felon-in-possession is a permissible underlying felony for purposes of felony-firearm, MCL 750.227b(1), and because subsection (2) of the statute specifically provides for punishment of both crimes, indeed consecutively, the Legislature clearly expressed its intention to authorize multiple punishments for the two firearm offenses.

Section 750.227b permits cumulative punishment for felony-firearm and felon-in-possession because felon-in-possession is not one of the statute's exceptions.

People of Michigan v. Robinson · filed 2016-09-13(1)

In People v Calloway, 469 Mich 448; 671 NW2d 733 (2003), our Supreme Court considered and unequivocally rejected the argument that sentences for both felon-in-possession and felony-firearm violate the protection against double jeopardy. Id. at 452. The Calloway Court reasoned: “Because the felon in possession charge is not one of the felony exceptions in the [felony-firearm] statute, it is clear that defendant could constitutionally be given cumulative punishments when charged and convicted of both felon in possession, MCL 750.224f, and felony-firearm, MCL 750.227b.” Id., citing People v Mitchell, 456 Mich 693, 698; 575 NW2d 283 (1998). Nevertheless, defendant argues that “[i]f the Leglislature had in mind the felon in possession of a firearm statute when it drafted the felony firearm statute, it would have included the latter as one of the exceptions.” However, in People v Dillard, 246 Mich App 163; 631 NW2d 755 (2001), this Court rejected a similar argument, holding that the Legislature could “have amended the felony-firearm statute to explicitly exclude the possibility of a conviction under the felony-firearm statute that was premised on MCL 750.224f.” Id. at 168. Accordingly, defendant has failed to establish plain error affecting his substantial rights. See Carines, 460 Mich at 763-764.

A conviction for felony-firearm under § 750.227b may be entered together with a conviction for felon in possession without violating the constitutional prohibition against double jeopardy.

People of Michigan v. Octavian Fly · filed 2016-11-03(1)

In his pro-se brief, Fly contends that his convictions of both felony-firearm and felon-in-possession violated the constitutional prohibition against double jeopardy. Well-settled law is contrary to Fly’s argument, see People v Dillard, 246 Mich App 163, 171; 631 NW2d 755 (2001), and we conclude his position is meritless.

Section 750.227b(1) permits convictions and cumulative sentences for felony-firearm and felon-in-possession because felon-in-possession is not one of its four enumerated exceptions.

People of Michigan v. Troy · filed 2017-02-23(1)

In Calloway, our Supreme Court explained that, “with the exception of the four enumerated felonies [in MCL 750.227b], it was the Legislature’s intent to provide for an additional felony charge and sentence whenever a person possessing a firearm committed a felony other than those four explicitly enumerated in the felony-firearm statute.” Calloway, 469 Mich at 452 (quotation marks and citation omitted). ... Because the felon-in-possession statute is not one of the enumerated exceptions in MCL 750.227b, it is clear that a defendant can be convicted and sentenced under both statutes without infringing upon the defendant’s constitutional rights.

Section 750.227b(1) permits an additional felony-firearm charge and cumulative punishment for a felon-in-possession offense because that offense is not one of the statute’s four enumerated exceptions.

People of Michigan v. Terell Mandel Ashford · filed 2018-01-04(1)

In Dillard, this Court concluded that a felon-in-possession charge does not constitute one of the specific exceptions to the felony-firearm statute; thus, “the Legislature clearly intended to permit a defendant charged with felon in possession to be properly charged with an additional felony-firearm count.” Dillard, 246 Mich App at 167-168. Where “a legislature specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the same conduct, . . . a court’s task of statutory construction is at an end and the prosecutor may seek and the trial court or jury may impose cumulative punishment under such statutes in a single trial.” Mitchell, 456 Mich at 695, citing Missouri v Hunter, 459 US 359, 368; 103 S Ct 673; 74 L Ed 2d 535 (1983). Therefore, there is no double jeopardy violation in defendant receiving separate punishments for felon-in-possession and felony-firearm stemming from the same criminal transaction.

Section 750.227b requires possession of a firearm while committing a new felony, and a felony-firearm conviction may stand alongside a felon-in-possession conviction without violating double jeopardy.

People of Michigan v. Thigpen · filed 2023-12-28

Specifically, the felon-in-possession statute (MCL 750.224f) requires proof that the defendant was a convicted felon at the time he possessed a firearm, People v Bass, 317 Mich App 241, 267-268; 893 NW2d 140 (2016), whereas the felony-firearm statute (MCL 750.227b) requires proof that the defendant possessed a firearm while he committed a new felony. Id. at 268-269. Consequently, defendant’s convictions and sentences for felon-in-possession and felony-firearm do not violate principles of double jeopardy.

Section 750.227b permits a felony-firearm conviction in addition to a felon-in-possession conviction without violating double jeopardy protections.

People of Michigan v. Segarra · filed 2025-07-30(1)

Accordingly, Segarra has failed to establish that his convictions of both felony-firearm and felon-in-possession violate his double jeopardy protections.

A conviction under § 750.227b for possessing a firearm during a felony does not constitute double jeopardy.

People v. Fields · filed 1979-11-19

Finally, defendant contends that his conviction for possession of a firearm during the commission of a felony constitutes double jeopardy in violation of the United States and Michigan constitutions. This issue has been recently considered and rejected by the Supreme Court in Wayne County Prosecutor v Recorder’s Court Judge, 406 Mich 374; 280 NW2d 793 (1979).

Section 750.227b withstands a double-jeopardy challenge.

People v. Moncure · filed 1979-12-06

Defendant’s final assertion of error is that the felony-firearm statute, MCL 750.227b; MSA 28.424(2), is constitutionally infirm on grounds of double jeopardy. That claim was rejected and the statute upheld in Wayne County Prosecutor v Recorder’s Court Judge, 406 Mich 374; 280 NW2d 793 (1979). No more need be said on this issue.

A felony-firearm conviction does not require a conviction on the underlying felony, so the jury may not be instructed that it must convict on that felony first.

People v. Eady · filed 1983-12-15

People v Lewis, supra, did not announce a new rule of law or abrogate existing standards. Rather, the Supreme Court applied in a felony-firearm context the rule of People v Vaughn, 409 Mich 463; 295 NW2d 354 (1980), which permits inconsistent verdicts.

Section 750.227b requires that the defendant committed or attempted an underlying felony, even if the defendant was not convicted of that felony. A felony-firearm conviction must be reversed when the jury’s finding on the underlying felony can no longer be relied upon.

People v. Burgess · filed 1984-08-20(1)

More importantly, the jury’s factual finding that the assault was committed may no longer be relied upon. Absent such a finding, the felony-firearm conviction must also be reversed.

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Dickerson · filed 2016-05-05(1)

To be convicted of felony firearm, the prosecution must prove that the defendant possessed a firearm during the commission or attempted commission of a felony. ... This evidence was sufficient to enable the jury to find beyond a reasonable doubt that defendant possessed a firearm during the commission of the kidnapping, which is a felony.

Section 750.227b requires the defendant to possess a firearm during the commission or attempted commission of a felony.

People of Michigan v. Duren · filed 2016-05-10

“The elements of felony-firearm are that the defendant possessed a firearm during the commission or attempt to commit a felony.”

MCL 750.227b requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Dent · filed 2016-05-19

The elements of felony-firearm are that “the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). See also MCL 750.227b. Weighing the credibility of the witnesses is the jury’s duty, and this Court may not interfere with its assessment on appeal. People v Milstead, 250 Mich App 391, 404; 648 NW2d 648 (2002). We conclude that Adams’s testimony, if believed, was sufficient to enable the jury to find beyond a reasonable doubt that defendant possessed a firearm while committing a felony.

Subsection (1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony other than the four felonies enumerated in the statute.

People of Michigan v. Leavell · filed 2016-05-26(1)

The elements of felony-firearm are that the defendant possessed a firearm during the commission or attempted commission of any felony other than those four enumerated in the statute. MCL 750.227b(1); People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). ... Further, because shooting the victim required the possession of a firearm, the evidence was also sufficient to support defendant’s felony-firearm conviction.

A felony-firearm conviction requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Rogers · filed 2016-05-10

Third, we turn to defendant’s felony-firearm conviction. “The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” Avant, 235 Mich at 505. Again, the evidence included that defendant possessed a black .25 caliber pistol when he was assaulting Davis, Martin, and Lakiesha. Martin, Patricia, and Davis all testified that defendant stood up in the kitchen and pointed the weapon first at Martin and then at everyone else in the room. Although defendant testified that he was never in possession of a weapon, the trial court was entitled to believe the testimony of the other witnesses over his testimony. See People v McGhee, 268 Mich App 600, 624; 709 NW2d 595 (2005). Thus, defendant’s felony-firearm conviction was supported by sufficient evidence.

Section 750.227b is satisfied by evidence that the defendant possessed a firearm and committed second-degree murder.

People of Michigan v. Smith · filed 2016-06-28

Defendant does not dispute that she was in possession of a firearm, and as stated above, there was sufficient evidence to prove that defendant committed second-degree murder. Therefore, there was sufficient evidence to support defendant’s felony-firearm conviction.

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Andrews · filed 2016-06-14(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Akins, 259 Mich App 545, 554; 675 NW2d 863 (2003) (quotation marks and citation omitted). As stated above, Segars testified that defendant brandished a pistol while demanding Segars’s belongings. Segars also testified that defendant fired the pistol as he was fleeing from the scene. Therefore, there was sufficient evidence to prove that defendant possessed a firearm during the commission of a felony.

Michigan's felony-firearm statute does not require the jury to find that the defendant discharged a firearm at or toward a victim.

People of Michigan v. Booker · filed 2016-06-30

Defendant was convicted of armed robbery, felony-firearm, and felon in possession of a firearm. None of these offenses required the jury to find that defendant discharged a firearm at or toward any of the victims.

Section 750.227b requires proof that the defendant possessed a firearm while committing or attempting to commit a felony, and constructive possession is sufficient when the firearm's location is known and reasonably accessible to the defendant.

People of Michigan v. Bradley · filed 2016-07-12(1)

To succeed on a felony-firearm charge, the prosecution must prove that “defendant possessed a firearm during the commission of, or in the attempt to commit, a felony.” People v Bosca, 310 Mich App 1, 22; 871 NW2d 307 (2015) (quotation marks and citation omitted). Constructive possession is sufficient if there is circumstantial evidence that defendant “knowingly [had] the power and the intention at any given time to exercise dominion or control over a thing, either directly or through another person or persons . . . .” Flick, 487 Mich at 14. More specifically, in the firearms context, the prosecution need only show “there is proximity to the article together with indicia of control.” Id. (quotation marks and citation omitted). That is, “a defendant has constructive possession of a firearm if the location of the weapon is known and is reasonably accessible to the defendant.” People v Burgenmeyer, 461 Mich 431, 437, 439; 606 NW2d 645 (2000). ... Because the firearm and the marijuana were in close proximity to each other, it was reasonable for the fact-finder to infer that defendant had access to and control over the marijuana and the firearm, and that defendant possessed the firearm while committing the felony of possession with intent to deliver less than 5 kilograms of marijuana. See Burgenmeyer, 461 Mich at 440. Accordingly, viewed in a light most favorable to the prosecution, a rational trier of fact could have concluded that defendant constructively possessed a firearm and did so while committing a felony. Thus, the prosecution presented sufficient evidence to support defendant’s felon-in-possession and felony-firearm convictions.

Section 750.227b’s possession element may be satisfied by constructive possession when the defendant’s proximity to the firearm indicates control or the defendant knows its location and can easily access it.

People of Michigan v. Darren a Weddington · filed 2016-06-28

Accordingly, there was sufficient circumstantial evidence of constructive possession of the firearm by defendant, given proximity to the weapon with indicia of control, or, stated otherwise, given defendant’s knowledge of the location of the firearm and its easy accessibility by defendant.

Section 750.227b requires proof that the defendant possessed a firearm while committing or attempting to commit a felony.

People of Michigan v. Foley Jr · filed 2016-03-10

The evidence supporting defendant’s first-degree premeditated murder conviction also supports his felony-firearm conviction. For a conviction of felony-firearm, the prosecution must show that defendant possessed a firearm during the commission of a felony or the attempt to commit a felony. People v Akins, 259 Mich App 545, 554; 675 NW2d 863 (2003). The homicide in this case was committed through the use of a firearm, as the victim’s cause of death was “multiple gunshot wounds.” Thus, the evidence was also sufficient to support the conclusion that defendant possessed a firearm, and indeed used it, during the commission of a felony.

A felony-firearm conviction requires proof that the defendant committed or attempted a felony and possessed or carried a firearm in the process.

People of Michigan v. Liggion · filed 2016-04-26

Finally, there is also sufficient evidence in the record to support defendant’s two accompanying felony-firearm convictions. A conviction for felony-firearm requires the prosecution to show that the defendant (1) committed or attempted to commit a felony and (2) possessed or carried a firearm in the process. People v Burgenmeyer, 461 Mich 431, 438; 606 NW2d 645 (2000); People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). Here, there is sufficient evidence that defendant committed the predicate felonies of second-degree murder and assault with intent to do great bodily harm, and defendant admitted to police that he carried and used a gun at the time these crimes took place. Furthermore, both the murder and the assault were committed with a firearm. Therefore, the evidence was sufficient to support defendant’s convictions for felony-firearm.

Circumstantial evidence may establish possession of a firearm beyond a reasonable doubt for a felony-firearm conviction.

People of Michigan v. Johnson · filed 2016-03-17

Second, Johnson contends that there was insufficient evidence of his possession of the shotgun to support his firearms-related convictions. Again, we disagree. ... Viewing the evidence in the light most favorable to the prosecution, we conclude that there is sufficient circumstantial evidence from which a rational juror could find beyond a reasonable doubt that Johnson possessed the shotgun.

Section 750.227b(1) requires actual or constructive possession of a firearm during the commission or attempted commission of a felony.

People of Michigan v. Liley · filed 2016-03-31(1)

The elements of felony-firearm are that the defendant possessed a firearm during the commission or attempt to commit a felony. People v Davis, 216 Mich App 47, 53; 549 NW2d 1 (1996). “Possession may be actual or constructive and may be proved by circumstantial evidence.” People v Burgenmeyer, 461 Mich 431, 437; 606 NW2d 645, 648 (2000) (citations and quotations omitted). “[A] defendant has constructive possession of a firearm if the location of the weapon is known and it is reasonably accessible to the defendant.” Id. at 438. Here, there is direct evidence of both actual and constructive possession of a weapon by defendant during the commission of her felonious assault. Dalton testified that defendant had a firearm in a holster under her shirt and threatened Dalton with it. Dalton testified that defendant then proceeded to attack her with the weapon. In addition, defendant’s own statement to police established constructive possession. Defendant told police that she was going through her trunk while the weapon was in it and was threatening Dalton with it. This shows that defendant knew the location of the weapon and it was readily accessible to her. Therefore, there was sufficient evidence to convict defendant of felony-firearm.

Section 750.227b requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony, and possession may be constructive when the firearm is proximate, subject to an indicia of the defendant’s control, and reasonably accessible.

People of Michigan v. Blackmon · filed 2016-04-14

Defendant’s felony-firearm conviction was likewise not against the great weight of the evidence. To convict a defendant of felony-firearm, the prosecution must prove beyond a reasonable doubt “that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Johnson, 293 Mich App 79, 82-83; 808 NW2d 815 (2011) (citation and quotation marks omitted). ... Consequently, the prosecution proved constructive possession because defendant had proximity to the firearms together with an indicia of control. Flick, 487 Mich at 14. The firearms were also reasonably accessible to defendant—had he chosen to do so, he could have merely turned and reentered the house, walked three or four steps, and taken the .38-caliber handgun from the coffee table, and the long guns were only slightly farther away in the same room. Burgenmeyer, 461 Mich at 437, 439.

Section 750.227b requires proof that the defendant carried or possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Jamal Anthony Moore · filed 2015-01-27

Establishing felony-firearm requires: (1) that the defendant carried or possessed a firearm, (2) during the commission or attempted commission of a felony. People v Johnson, 293 Mich App 79, 83; 808 NW2d 815 (2011). See also MCL 750.227b.

Section 750.227b(1)'s possession requirement may be satisfied by circumstantial evidence that the defendant had at least joint control over the firearm's use.

People of Michigan v. Steven Joseph Rembish · filed 2015-01-08(1)

In addition, the fact that no direct evidence linking Rodea to the firing of the weapon was presented does not mean that he is entitled to relief. Enough circumstantial evidence was presented to show, when viewed in the light most favorable to the prosecution, that he had at least joint control over its use. This was sufficient both to support the felony-firearm convictions, see People v Johnson, 293 Mich App 79, 82-83; 808 NW2d 815 (2011), and to support Rodea’s other convictions at the least as an aider and abettor, People v Robinson, 475 Mich 1, 6; 715 NW2d 44 (2006).

Section 750.227b(1) permits felony-firearm possession to be proved constructively when the defendant knows the firearm’s location and it is reasonably accessible to him; ownership is unnecessary.

People of Michigan v. Mario Durrel Davis · filed 2015-02-05(1)

Felon in possession of a firearm and felony-firearm both require proof that defendant possessed a “firearm.” People v Peals, 476 Mich 636, 640; 720 NW2d 196 (2006).5 Defendant need not own the weapon to have possession of it. People v Burgenmeyer, 461 Mich 431, 438; 606 NW2d 645 (2000). Possession of a weapon may be actual or constructive and may be proved by circumstantial evidence. People v Hill, 433 Mich 464, 469-470; 446 NW2d 140 (1989). “[A] person has constructive possession if there is proximity to the [firearm] together with indicia of control.” Id. at 470. Thus, “a defendant has constructive possession of a firearm if the location of the weapon is known and it is reasonably accessible to the defendant.” Id. at 470-471.

A felony-firearm conviction is supported when the underlying felony conviction is supported and the defendant does not dispute possessing a gun during the incident.

People of Michigan v. Travis Darnell Baker · filed 2015-02-10

Because defendant’s conviction of felonious assault was supported by the great weight of the evidence, and because defendant does not dispute that he possessed a gun at the time of the incident, defendant’s conviction of felony-firearm was also supported by the great weight of the evidence. See MCL 750.227b.

Section 750.227b requires proof that the defendant possessed a firearm while committing or attempting to commit a felony.

People of Michigan v. Michael Andrew Jones · filed 2014-10-14

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” Since Jones possessed a gun while committing assault with intent to do great bodily harm less than murder, felonious assault, and discharging a firearm at a dwelling or occupied structure, each of which constitutes a felony, legally sufficient evidence was presented at trial for a jury to find Jones guilty of felony-firearm.

Section 750.227b requires proof that the defendant carried or possessed a firearm during the commission or attempted commission of a felony, and felon in possession of a firearm may serve as the underlying felony.

People of Michigan v. Terry Devon Williams · filed 2014-11-20(1)

A felony-firearm charge requires proof: (1) that the defendant carried or possessed a firearm, (2) during the commission or attempted commission of a felony. People v Johnson, 293 Mich App 79, 83; 808 NW2d 815 (2011); see also MCL 750.227b. A felon in possession of a firearm charge can constitute the underlying felony for a felony-firearm conviction. People v Calloway, 469 Mich 448, 451-452; 671 NW2d 733 (2003).

A felony-firearm conviction requires commission or attempted commission of a felony while carrying or possessing a firearm; committing felonious assault with a gun satisfies those elements.

People of Michigan v. Eric Brooks · filed 2014-12-11

The elements of felony-firearm are (1) the commission or attempted commission of a felony while (2) carrying or possessing a firearm. People v Burgenmeyer, 461 Mich 431, 438; 606 NW2d 645 (2000).

The felony-firearm offense requires a finding that the defendant committed or attempted to commit a felony.

People v. Powell · filed 2013-11-19

Felony-firearm necessarily includes a finding that the defendant committed or attempted to commit a felony.

Section 750.227b makes a person guilty of felony-firearm when the person possesses a firearm during the commission of a felony.

People v. Jackson · filed 2011-05-17

A person is guilty of felony-firearm if the person possesses a firearm during the commission of a felony. MCL 750.227b. ... In addition, the evidence that defendant was armed with a gun during these offenses supports his felony-firearm conviction.

Section 750.227b requires possession of a firearm while committing or attempting to commit a felony offense.

Parker v. Renico · filed 2007-10-17

The elements of felony-firearm are that Parker possessed a firearm while committing, or while attempting to commit, a felony offense.

Section 750.227b’s possession element is satisfied by constructive possession when the defendant knows where a firearm is and it is reasonably accessible to him.

People v. Johnson · filed 2011-06-14(1)

Thus, there was sufficient evidence that Johnson constructively possessed the rifles to support his felony-firearm conviction.

Section 750.227b(1) requires only that a firearm be carried or possessed at the time of a felony; no nexus between the firearm and the felony is required.

People v. Elowe · filed 1978-09-20(1)

However, we hold that the statute, as written, was meant to apply to the situation at hand and that no nexus between the felony and firearm need be established.

Section 750.227b is satisfied when a defendant possesses a firearm while committing the felony of possessing heroin.

People v. Lumpkin · filed 1978-09-20

The aforementioned exchange between defendant and the court clearly establishes that defendant was in possession of a firearm when he committed the felony of possessing heroin.

Section 750.227b applies when a person possesses a firearm while committing a felony, including possession of heroin, and does not require use of the firearm or that the underlying felony generally endanger people.

People v. McGore · filed 1979-01-17

The statute does not require use of a weapon, only possession, and defendant did have a firearm in his possession when he committed the felony of possession of heroin.

Section 750.227b applies to anyone who possesses a firearm while committing or attempting a felony, even if the person initially possessed the firearm lawfully.

People v. Abend · filed 1979-11-21

We disagree. Defendant’s position has no support in the statute or in relevant case law. On the contrary, the statute reflects exceedingly clear legislative intent to punish anyone who, at the time of commission or attempted commission of a felony, possesses a firearm whether the initial possession was legal or illegal.

Section 750.227b applies when a defendant personally possesses a firearm during the felony even if the firearm belongs to the complainant; ownership is not required.

People v. Boswell · filed 1980-01-10

We also reject defendant’s argument that the felony-firearm statute is inapplicable when the firearm involved belonged to the complainant rather than defendant. ... Defendant was carrying the gun at the time he committed the robbery. The suggestion that conviction under the statute requires some incident of ownership of the firearm strains logic.

Section 750.227b contains no explicit scienter requirement and does not require a nexus between the underlying felony and the firearm.

People v. Perry · filed 1982-08-26

There is no explicit scienter requirement in the felony-firearm statute and when the language of a statute is clear and unambiguous, there is no room for judicial construction. ... Furthermore, this Court has held that the statute does not require a nexus between the felony and the firearm.

Section 750.227b(1) is satisfied when the evidence permits a fact-finder to conclude that the defendant possessed a firearm while committing a delivery-of-heroin offense.

People v. Graham · filed 1983-03-03(1)

Our reading of the record convinces us that sufficient evidence was presented by the prosecutor to justify a fact-finder in reasonably concluding that defendant possessed a firearm while committing the principal offense of delivery of heroin. At trial, defendant conceded that he pointed a handgun at complainant; however, he claimed that he set the weapon down before he delivered the two packets of heroin to complainant. Since complainant testified that defendant held the handgun throughout the transaction, a question of fact was raised for the fact-finder, which was decided adversely to defendant. We conclude that the trial judge’s findings of fact were not clearly erroneous.

Section 750.227b permits a felony-firearm conviction when the evidence shows that the defendant personally possessed a firearm during the underlying felony.

People v. Robbins · filed 1984-01-03

Moreover, because the testimony of one of the Hamlin Road witnesses showed that defendant personally possessed a firearm during the kidnapping, sufficient evidence was presented to sustain defendant’s conviction of possession of a firearm during the commission of a felony.

Section 750.227b is satisfied when firearm possession occurs during a continuous transaction carrying through on the underlying felony, even if that felony was technically complete earlier.

People v. Poindexter · filed 1984-10-15

A person who has a firearm in his possession at the time he commits a felony is guilty under the felony-firearm statute. MCL 750.227b; MSA 28.424(2). ... We conclude that it was a continuous transaction, carrying through on his threats, and satisfied the felony-firearm statute.

Section 750.227b applies when a defendant acquires a firearm during an underlying felony committed for the purpose of stealing the firearm, even though the defendant did not possess it when the felony began.

People v. White · filed 1985-05-21

In the instant case, the fact that defendant committed the breaking and entering for the purpose of stealing two shotguns did not lessen the danger to third persons that the guns might be used to effectuate an escape. We believe the Legislature’s purpose in enacting the felony-firearm statute would be furthered through its application to the facts before us. Defendant was therefore properly charged under the statute.

Holding a pistol during a portion of a robbery provides sufficient evidence for a felony-firearm conviction, even when an accomplice held the pistol during most of the robbery.

People v. Young · filed 1985-10-08

Defendant held the pistol during a portion of the robbery and, therefore, there was sufficient evidence to convict him of felony-firearm.

Section 750.227b covers both actual physical possession of a firearm during a felony and constructive possession when the firearm is available and accessible to the person during the felony.

People v. Terry · filed 1983-04-06

As used in the felony-firearm statute, we find that the terms "carry” and "possess” were meant to describe the actual physical possession of a firearm during a felony as well as a person’s having a firearm available and accessible to him during the felony.

Section 750.227b applies when a defendant possesses a firearm while committing a felony, including when the firearm is used as a striking instrument to accomplish the felony.

People v. Glenn · filed 1982-10-20

Accordingly, based on the foregoing cases, we conclude that the trial court herein erred in dismissing the felony-firearm charge. When a defendant has a firearm in his possession while committing a felony or where, as here, he uses the firearm as a striking instrument to accomplish the felony, his conduct falls within the ambit of the ... statute which prohibits the possession of a firearm during the commission of a felony.

Section 750.227b permits a finding of felony-firearm possession when a firearm was at the defendant’s disposal during the felony, and access is not measured solely at the time of arrest.

People v. Becoats · filed 1989-09-21

We agree with the circuit court that defendant’s access to the weapon should not be determined solely by reference to his arrest. ... Given the above-discussed facts, we agree with the circuit court that defendant, who was apparently selling cocaine from his home, could be found to have possessed a firearm during the commission of a felony by having a firearm at his disposal should he need it.

Section 750.227b permits a jury to find that a defendant possessed a firearm during a felony based on a victim's testimony that she felt what she believed was the tip of a gun.

People v. Perry · filed 1988-11-07

Defendant next claims that there was insufficient evidence to convict him of felony-firearm. Defendant argues that the victim's testimony that she felt what she believed to be the tip of a gun was insufficient to demonstrate that a firearm (i.e., a weapon from which a dangerous projectile may be propelled) was used in the commission of a felony. We believe that, given the legislative purpose behind that statute, the victim's testimony, when viewed in the light most favorable to the prosecution, was sufficient to allow a rational trier of fact to conclude that defendant possessed a firearm during the commission of a felony.

Section 750.227b is sufficiently supported when testimony shows that the defendant committed the underlying felonies while knowingly possessing a firearm.

People v. Coddington · filed 1991-04-16

In any event, defendant was properly bound over on the four underlying offenses and sufficient evidence was presented to properly bind him over on four counts of felony-firearm on the basis of testimony that he committed the offenses while knowingly in possession of a firearm.

Section 750.227b requires proof that the defendant possessed or carried a firearm during the commission or attempted commission of a felony.

People v. Buck · filed 1991-12-08

Conviction of felony-firearm requires proof that the defendant possessed or carried a firearm during the commission or attempt to commit a felony.

Section 750.227b(1) requires possession, rather than use, of a firearm during the commission of a felony.

People v. Beard · filed 1988-09-19(1)

It is possession, not use, of a firearm during the commission of a felony that satisfies the requirements of the statute.

Section 750.227b(1)'s possession element is not established merely because a defendant is present in an apartment where a firearm is found.

People v. Wolfe · filed 1992-10-09(1)

We conclude that Wolfe's presence in the apartment alone is insufficient proof of possession of a firearm during the commission of a felony.

Section 750.227b(1) requires that a firearm be accessible and available to the defendant when the felony is committed; evidence tying the defendant to a locked container holding the gun can create a jury question on possession.

People v. Williams · filed 1993-03-02(1)

A person has "possession” of a weapon when it is "accessible and available ... at the time [the crime is committed].” ... Here, the presence of defendant’s bankbooks inside the locked box created a question of fact regarding whether the contents of the safe, including the gun, were accessible to him at the time he possessed the controlled substances found in his home. We find that the trial court properly refused to take this issue away from the jury.

Section 750.227b's possession element may be established by evidence supporting a reasonable inference that the defendant held a firearm and that the firearm was accessible and available during the felony.

People v. Daniel · filed 1994-09-20

Because the rifle was seen pointing out the window and defendant was discovered underneath the window, a reasonable inference could be drawn that defendant was the person holding the rifle before the raid. The fact that the gun was lying closer to Peter Daniel does not negate the inference that defendant was in possession of the rifle. Clearly, the rifle was accessible and available to defendant at the time the crime was committed.

A felony-firearm conviction under § 750.227b may be sustained by circumstantial evidence identifying the defendant as the robber and linking him to the firearm used in the underlying felonies.

People v. Godbold · filed 1998-09-29

Following a bench trial, defendant was convicted of armed robbery, M.C.L. § 750.529; M.S.A. § 28.797, assault with intent to rob while armed, M.C.L. § 750.89; M.S.A. § 28.284, and possession of a firearm during the commission of a felony, M.C.L. § 750.227b; M.S.A. § 28.424(2). ... Viewing the evidence in a light most favorable to the prosecution, there was sufficient evidence to sustain defendant's identity as the robber and the trial court's verdict. Defendant matched the general description given of the robber (tall and slim), defendant was seen on a cold March night without a jacket coming from behind a building where the robber's jacket, weapon, and Gray's wallet were thereafter found, and defendant's voice was immediately identified by Gray and Parker as that of the robber when the police found defendant. Because the building was surrounded by an open field, the jury could infer that if there had been another person fleeing, the person could easily have been seen. Defendant was identified by the complainants in court and in the parking lot where the offense occurred. This evidence, and all reasonable inferences drawn from it, was sufficient to sustain defendant's convictions of armed robbery, People v. Turner, 213 Mich.App. 558, 569, 540 N.W.2d 728 (1995), assault with intent to rob while armed, People v. Cotton, 191 Mich.App. 377, 391, 478 N.W.2d 681 (1991), and felony-firearm, People v. Davis, 216 Mich.App.47, 53, 549 N.W.2d 1 (1996).

Section 750.227b’s possession element is not met by a firearm at the defendant’s home when the defendant is far away, because constructive possession requires ready accessibility.

People v. Williams · filed 1995-08-11

Punishing a defendant for possession of a firearm that is not accessible or at his disposal, as opposed to being under less immediate dominion or control, does not fulfill the purpose of the felony-firearm statute. ... Such accessibility does not exist where, as here, a defendant is far away from the location of the firearm.

Section 750.227b requires the defendant to possess a firearm during the commission or attempted commission of a felony.

People v. Davis · filed 1996-06-11

Defendant appeals as of right his convictions by a jury of assault with intent to inflict great bodily harm less than murder, MCL 750.84; MSA 28.279, felonious assault, MCL 750.82; MSA 28.277, and two counts of possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). ... The elements of felony-firearm are that the defendant possessed a firearm during the commission or attempt to commit a felony. ... This testimony was sufficient for a reasonable factfinder to find all the elements of assault with intent to commit murder and felony-firearm established beyond a reasonable doubt.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony.

People v. Avant · filed 1999-08-09

The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.

Section 750.227b(1) permits first-degree home invasion to serve as the predicate felony when the offender steals and thereby possesses a firearm during the home invasion.

People v. Shipley · filed 2003-06-13(1)

As a result, first-degree home invasion, where there is a larceny of a firearm during a residential breaking and entering, can be the predicate felony for a felony-firearm conviction.

Section 750.227b punishes possessing a firearm during the commission or attempted commission of a felony.

People v. Libbett · filed 2002-08-23

MCL 750.227b punishes a person for possessing a firearm during the commission of or the attempt to commit a felony.

Section 750.227b(1) makes a person guilty of felony-firearm when the person possesses a firearm while committing or attempting to commit a felony.

People v. Osantowski · filed 2007-07-10(1)

An individual is guilty of felony-firearm when he or she possesses a firearm when committing or attempting to commit a felony. MCL 750.227b(l). The term “firearm” is defined as “a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air.” MCL 750.222(d). There is no question that the guns themselves were relevant and admissible with regard to the felony-firearm charge, because evidence was presented that the firearms in defendant’s possession were those he was convicted of illegally receiving and concealing.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony.

People v. Taylor · filed 2007-08-29

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... Viewed in a light most favorable to the prosecution, the evidence was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that defendant shot and killed La-sater, and that defendant possessed a firearm during the commission of the crime.

Section 750.227b(1) is satisfied when a defendant constructively possesses a reasonably accessible firearm while possessing drugs that constitute the underlying felony.

Cannon v. Lafler · filed 2007-09-19(1)

Constructive possession of a firearm exists “if the location of the weapon is known and it is reasonably accessible to the defendant.” Id. For many of the same reasons that a rational jury could find that Cannon constructively possessed the cocaine and marijuana found at the Boxwood address, it could find that he possessed the guns found in the bedroom there and that he possessed them at the same time that he possessed the drugs in the detached garage.

Section 750.227b(1) makes it felony-firearm to carry or possess a firearm while committing or attempting to commit a felony, and eyewitness testimony that the defendant displayed a handgun can establish possession.

People of Michigan v. Jermial Ali Redding · filed 2015-03-17(1)

Further, a person is guilty of felony-firearm if he or she “carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony.” MCL 750.227b(1). “The felony-firearm statute applies whenever a person carries or has a firearm in his possession when committing or attempting to commit a felony.” People v Moore, 470 Mich 56, 62; 679 NW2d 41 (2004). ... Jones clearly stated that during the robbery, defendant lifted his shirt, exposing the handle and trigger of a black handgun. Jones also explained that she was familiar with what a gun looks like because she had seen them before. Contrary to defendant’s suggestion, Jones’s testimony was sufficient to allow a jury to conclude that he, indeed, possessed a firearm. Therefore, defendant’s convictions were appropriate.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony, and constructive possession is sufficient when the defendant knows the firearm’s location and it is reasonably accessible.

People of Michigan v. Talisha Moore · filed 2015-03-24

A defendant need only constructively possess a firearm to establish the possession element of the crime. People v Hill, 433 Mich 464, 470; 446 NW2d 140 (1989). A defendant constructively possesses a firearm when the defendant knows the location of the firearm and it is reasonably accessible to the defendant. People v Johnson, 293 Mich App 79, 82-83; 808 NW2d 815 (2011). ... Viewing this evidence in the light most favorable to the prosecutor, we conclude that the jury could reasonably infer that Moore constructively possessed the firearm while manufacturing and possessing the marijuana.

Section 750.227b(1) permits felon-in-possession to serve as the predicate felony, and its firearm-possession element may be proved by constructive possession.

People of Michigan v. Loree Keith Williams · filed 2015-05-21(1)

Moreover, a violation of MCL 750.224f may serve as the underlying predicate felony under MCL 750.227b, which prohibits persons from carrying or possessing a firearm during the commission of a felony. See People v Calloway, 469 Mich 448; 671 NW2d 733 (2003). For both crimes, actual possession is not required; it is sufficient to establish that the defendant had constructive possession. Minch, 493 Mich at 91; People v Johnson, 293 Mich App 79, 83; 808 NW2d 815 (2011). ... When this testimony and evidence is considered along with the stipulation to Williams’ prior felony conviction, a reasonable jury could find that the prosecution had proved that Williams actually or constructively possessed a firearm in violation of both statutes.

Section 750.227b requires the prosecution to prove that the defendant carried or possessed a firearm during the commission or attempted commission of another felony.

People of Michigan v. Paul Peter Gross · filed 2015-04-16

For purposes of felony-firearm, the prosecution also must show that the firearm was carried or possessed during the commission or attempted commission of another felony. ... In any event, it is clear that the possession of the gun in this case occurred during the commission of another felony, and that, given defendant’s stipulation at trial, he was ineligible to possess a firearm.

Section 750.227b(1) makes it felony-firearm to possess a firearm during the commission of a felony.

People of Michigan v. Raphael Cordero Campbell · filed 2015-08-20(1)

A defendant “is guilty of felony-firearm if the [defendant] possesses a firearm during the commission of a felony.” People v Jackson, 292 Mich App 583, 588; 808 NW2d 541 (2011). Both armed robbery and carjacking are felonies, and, again, the victim testified that defendant possessed a firearm while committing both armed robbery and carjacking. Accordingly, the trial court rightly held that defendant committed felony-firearm.

Section 750.227b requires proof that the defendant carried or possessed a firearm during the commission or attempted commission of a felony, and testimony that the defendant threw a handgun into nearby bushes can sufficiently establish possession.

People of Michigan v. Scott Anthony Morris · filed 2015-06-16

Felony-firearm requires: (1) that the defendant carried or possessed a firearm, (2) during the commission or attempted commission of a felony. People v Johnson, 293 Mich App 79, 83; 808 NW2d 815 (2011); see also MCL 750.227b. ... Lewis’s testimony that defendant threw an object later determined to be a handgun into the bushes was sufficient to support a finding, beyond a reasonable doubt, that defendant possessed a firearm.

Section 750.227b permits a felony-firearm conviction based on constructive possession when a firearm is sufficiently proximate and reasonably accessible during the commission of the underlying felony.

People of Michigan v. Michael D King · filed 2015-06-16

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... To prove that a defendant possessed a firearm while possessing a controlled substance, the prosecution must show the weapon’s “proximity and reasonable accessibility” to the defendant on the date of offense. ... Here, as in Burgenmeyer, the drugs and the guns were found in the same room, separated by no more than a few feet. Thus, it was reasonable for the jury to infer that defendant possessed the guns while committing the felony of possession with intent to deliver less than five kilograms of marijuana.

Section 750.227b requires proof that the defendant possessed a firearm during the commission of, or attempt to commit, a felony, but the prosecution need not introduce the weapon into evidence.

People of Michigan v. Michael McCarthy · filed 2015-06-18

The elements of felony-firearm require proof that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony. People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). Circumstantial evidence and reasonable inferences arising from that evidence can constitute satisfactory proof of the elements of a crime. Kanaan, 278 Mich App at 619. The prosecution need not actually introduce the weapon into evidence to prove beyond a reasonable doubt the elements of felony-firearm. People v Hayden, 132 Mich App 273, 296; 348 NW2d 672 (1984).

Section 750.227b requires the prosecution to prove that the defendant carried or possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Terrance Lavelle Hutchinson · filed 2015-07-30

For a conviction of felony-firearm, the prosecution must show that defendant carried or possessed a firearm during the commission of a felony or the attempt to commit a felony. People v Akins, 259 Mich App 545, 554; 675 NW2d 863 (2003).

Section 750.227b makes a person guilty of felony-firearm when the person possesses or uses a firearm during the commission of a felony.

People of Michigan v. Anttonio Jamele Rollins · filed 2015-09-10

A defendant “is guilty of felony-firearm if the [defendant] possesses a firearm during the commission of a felony.”...Additionally, by using a firearm to commit AWIM, which is a felony, MCL 750.83, defendant was guilty of felony-firearm.

Section 750.227b(1) does not require physical possession of the firearm; constructive, knowing possession is sufficient.

People of Michigan v. Wayne Lewis Davis · filed 2015-07-28(1)

Following a jury trial, defendant was convicted of possession with intent to deliver under 50 grams of heroin, MCL 333.7401(2)(a)(iv), possession with intent to deliver marijuana, MCL 333.7401(2)(d)(iii), carrying a concealed weapon, MCL 750.227, felon in possession of a firearm, MCL 750.224f, and possession of a firearm during a felony (felony firearm), third offense, MCL 750.227b(1). ... Defendant need not have actually physically possessed the drugs and guns to be guilty of possessing them because possession can be either actual or constructive. ... Viewed in the light most favorable to the prosecution, the evidence produced at trial showed that defendant at least constructively, and knowingly, possessed the drugs and gun, i.e., that he had the right to exercise control over the drugs and guns and knew they were present.

Section 750.227b’s possession element can be satisfied by constructive possession when the firearm’s location is known and the firearm is reasonably accessible to the defendant.

People of Michigan v. Khalil El-Rashad Bey · filed 2015-11-19

Defendant challenges the sufficiency of the evidence solely with respect to the “possession” element of the two firearm offenses. MCL 750.224f; MCL 750.227b; M Crim JI 11.38a; M Crim JI 11.34; People v Perkins, 473 Mich 626, 630-632; 703 NW2d 448 (2005); People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). ... Put another way, a defendant has constructive possession of a firearm if the location of the weapon is known and it is reasonably accessible to the defendant. ... In other words, there was sufficient evidence to show that defendant constructively possessed the firearms.

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Jerome L Knight · filed 2015-09-24(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.”

Section 750.227b(1) requires the prosecution to establish that the defendant possessed a firearm at the same time as the underlying felony.

People of Michigan v. Ronald Parker Wilson · filed 2015-11-17(1)

To establish felony-firearm, the prosecution had to establish that Ronald possessed a firearm at the same time. See People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). Ronald admits that he possessed a firearm and that he shot it toward the victims.

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony, and a qualifying underlying felony may support the conviction.

People of Michigan v. Quarawn Rashaud Camp · filed 2015-11-19(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission or attempt to commit a felony.” People v Davis, 216 Mich App 47, 53; 549 NW2d 1 (1996). There is no dispute that defendant carried and had in his possession a firearm during the incident. Because the evidence was sufficient to find defendant guilty of AWIRA, which is a felony not excluded under MCL 750.227b(1), we conclude that there was sufficient evidence to find defendant guilty of felony-firearm.

Section 750.227b requires proof beyond a reasonable doubt that the defendant possessed or carried a firearm while committing or attempting to commit a felony, and possession may be actual or constructive and proved circumstantially.

People of Michigan v. Darrin Crawford · filed 2015-10-13(1)

In order to achieve a conviction of felony-firearm, the prosecution must prove beyond a reasonable doubt that the defendant possessed or carried a firearm while he was committing or attempting to commit a felony. People v Burgenmeyer, 461 Mich 431, 438; 606 NW2d 645 (2000), citing MCL 750.227b. Possession of the firearm “may be actual or constructive and may be proved by circumstantial evidence. Id. at 437. Constructive possession of a firearm is found to exist if there is “proximity” to the weapon “together with indicia of control.” Id. at 438. While mere proximity to a weapon is insufficient, constructive possession of a firearm exists when a defendant knows the location of the weapon and it is reasonably accessible to him. People v Wolfe, 440 Mich 508, 520; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992). ... In total, there was ample evidence to support the jury’s conclusion that defendant possessed the .380 caliber gun.

Section 750.227b requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Joshua Martez Brown · filed 2015-10-27

A felony-firearm conviction requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony. People v Mitchell, 456 Mich 693, 698; 575 NW2d 283 (1998).

Section 750.227b(1) requires possession of a firearm during the commission or attempted commission of a felony, and felon in possession of a firearm may serve as the underlying felony.

People of Michigan v. Ronald Kareem Seabrooks · filed 2015-11-24(1)

Finally, Miller was convicted of felony-firearm, MCL 750.227b, which requires the possession of a firearm during the commission of or attempted commission of a felony. A charge of felon in possession of a firearm, MCL 750.224f, can constitute the underlying felony for felony-firearm. People v Calloway, 469 Mich 448, 452; 671 NW2d 733 (2003). Sufficient evidence was adduced to sustain this conviction premised on the testimony that Miller had an assault rifle during the events while committing many felonies, including felon in possession of a firearm.

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Dontay Jamarr Robinson-Powell · filed 2016-01-21(1)

To convict defendant of felony-firearm, the prosecution was required to prove that defendant possessed a firearm during the commission of, or his attempt to commit, a felony. ... However, Detroit Police Officer LaMar Penn testified that he confiscated heroin, cocaine, marijuana, and a handgun directly from defendant. ... Accordingly, based on the record, there was sufficient evidence to support defendant’s convictions.

Felony-firearm requires that the defendant possess a firearm during the commission of, or attempt to commit, a felony.

People of Michigan v. Donald Eric Brezzell · filed 2015-11-12

Felony-firearm requires “ ‘that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.’ ” People v Johnson, 293 Mich App 79, 82-83; 808 NW2d 815 (2011), quoting People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999).

Section 750.227b requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony.

People of Michigan v. Curtis Lamont Woods · filed 2016-01-19

A rational jury could also have concluded that the prosecution proved beyond a reasonable doubt the elements of felony-firearm. “The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Johnson, 293 Mich App 79, 82-83; 808 NW2d 815 (2011) (citation and quotation marks omitted). ... Therefore, there was sufficient evidence to convict defendant of felony-firearm.

Section 750.227b requires proof that the defendant possessed a firearm while committing or attempting to commit a felony.

People of Michigan v. Lamar Latieff Walker II · filed 2016-02-04

For a conviction of felony-firearm, the prosecution must show that defendant possessed a firearm during the commission of ... a felony or the attempt to commit a felony. MCL 750.227b; People v Akins, 259 Mich App 545, 554; 675 NW2d 863 (2003).

Section 750.227b(1) requires a person to carry or possess a firearm while committing or attempting to commit a felony.

People of Michigan v. Anthony Daniel Walker · filed 2016-01-07(1)

Defendant was also convicted of felony firearm. MCL 750.227b(1). A person is guilty of felony firearm when they carry or possess a firearm while committing or attempting to commit a felony. MCL 750.227b(1). By definition, defendant must have been found to be carrying a firearm during the commission of the crimes charged. Therefore, it is clear that the jury found that defendant had a firearm. The trial court did not error in assessing defendant fifteen points under OV 1 and five points under OV 2.

Section 750.227b requires proof that the defendant possessed or carried a firearm while committing a felony.

People of Michigan v. Larry West · filed 2016-01-14(1)

Even if defendant had been entitled to possess a firearm, which as a convicted felon he was not, MCL 750.227f, the district court could still bind him over on the felony-firearm charges if plaintiff presented evidence that defendant possessed or carried a firearm while committing a felony. MCL 750.227b; People v Moore, 470 Mich 56, 62; 679 NW2d 41 (2004). Plaintiff presented evidence at the preliminary examination that a handgun was in close proximity to defendant when he was arrested, and that crack cocaine was found in defendant’s kitchen and heroin in the wall. Possession of even a small amount of a controlled substance is a felony. See MCL 333.7403(2)(iv). Plaintiff’s evidence with respect to each element of the felony-firearm charges (possession of a firearm and commission of a felony) established probable cause to believe that a crime had been committed and that defendant had committed it. MCL 766.13; MRE 6.110(E). Therefore, defendant’s bindover was proper, regardless whether Street showed that defendant had the right to possess a firearm.

Section 750.227b(1) requires possession of a firearm during the commission or attempted commission of a felony, and possession may be established through dominion and control or the right to exert control coupled with knowledge of the firearm's presence and character.

People of Michigan v. Kaycee Smith · filed 2016-01-26(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... A demonstration of dominion and control, or the right to exert control, over something with the knowledge of its presence and character is sufficient to establish possession. ... Thus, sufficient evidence was adduced at trial to support the jury’s determination that defendant possessed or controlled the drugs and firearm.

MCL 750.227b prohibits actual or constructive possession of a firearm at the time the underlying felony is committed, rather than at the time of arrest.

People of Michigan v. Cavasseaire Tidell Dykes · filed 2016-02-23

However, our Supreme Court reversed this decision in People v Burgenmeyer, 461 Mich 431, 438-439; 606 NW2d 645 (2000), holding that the felony firearm statute prohibits actual or constructive possession of a firearm at the time the felony offense was committed, not at the time of arrest. Applying Burgenmeyer to the instant case, the proper question is whether defendant possessed a firearm at the time he committed the felony offenses. The complainant’s testimony, in addition to the discovery by police officers of a handgun during defendant’s arrest, was sufficient evidence that defendant possessed a gun during the commission of first-degree home invasion and unlawful imprisonment. In addition, the police officer’s testimony that the gun was found near defendant during their search of the complainant’s residence also established constructive possession.

Section 750.227b(1) requires a two-year sentence when a person possesses a firearm while committing or attempting to commit any felony not expressly excepted; use of the firearm is unnecessary.

People of Michigan v. Misko · filed 2016-05-19(1)

A two-year sentence for a conviction of felony-firearm is mandated by statute. MCL 750.227b(1). ... “The felony-firearm statute applies whenever a person carries or has a firearm in his possession when committing or attempting to commit a felony.” People v Moore, 470 Mich 56, 62; 679 NW2d 41 (2004). ... A defendant need not use a firearm during the commission of a felony; the possession of a firearm is sufficient to meet the requirements of MCL 750.227b. People v Beard, 171 Mich App 538, 546; 431 NW2d 232 (1988). ... MCL 750.227b(1), the felony-firearm statute, excepts from its coverage certain enumerated felonies, none of which are at issue here.

Section 750.227b’s possession-during-a-felony requirement is satisfied when a defendant takes a firearm during flight while the underlying robbery remains active.

People of Michigan v. English · filed 2016-08-16

Aside from this fact, McDonald’s testimony established that Weatherford and defendant “shared” the gun, defendant inferentially knew that Weatherford possessed the gun during the larceny, and he clearly knew about the gun after Weatherford used it during Mensah’s pursuit. Mensah’s testimony established that defendant accepted the gun from Weatherford while they were still fleeing from Mensah and while the robbery was still “active.” Accordingly, evidence established that defendant possessed the firearm during the commission of a felony.

Section 750.227b requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony, and evidence of possessing a firearm while committing second-degree murder or felon-in-possession is sufficient.

People of Michigan v. Evans · filed 2016-09-27(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). There was evidence that defendant possessed a firearm when he shot and killed the victim, which constituted second-degree murder. There was also evidence that he possessed a firearm while being a felon in possession of a firearm. Thus, there was sufficient evidence to support defendant’s felon-in-possession and felony-firearm convictions, and defendant fails to establish plain error affecting his substantial rights.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony, and possession may be proved through circumstantial evidence and reasonable inferences.

People of Michigan v. Lewis · filed 2016-07-26

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... While witnesses did not observe defendant with a gun at the scene, photographs of defendant on his cellular telephone demonstrate he had access to weapons. ... Taking this evidence in the light most favorable to the prosecution, we conclude that sufficient evidence was adduced to sustain defendant’s convictions.

Felony-firearm requires that, when committing or attempting the predicate felony, the defendant knowingly carry or possess a firearm.

People v. Traver · filed 2016-08-02

(4) Second, that at the time the defendant committed [or attempted to commit] that crime [he / she] knowingly carried or possessed a firearm. ... By failing to provide the jury with the model instruction, the trial court violated MCR 2.512(D)(2), as the instruction requested by the prosecutor was applicable and accurate.

Section 750.227b requires proof that the defendant possessed a firearm while committing or attempting to commit a felony, and possession may be established through circumstantial evidence.

People of Michigan v. Antrell Vonique Brown · filed 2016-08-09

To succeed on a charge of felony-firearm, the prosecution must prove that “defendant possessed a firearm during the commission of, or in the attempt to commit, a felony.” People v Bosca, 310 Mich App 1, 22; 871 NW2d 307 (2015) (quotation marks and citation omitted). Possession of a firearm “may be actual or constructive and may be proved by circumstantial evidence.” Burgenmeyer, 461 Mich at 437. ... Accordingly, when viewed in a light most favorable to the prosecution, a rational fact-finder could have concluded that defendant actually possessed a firearm and did so while committing a felony. Gaines, 306 Mich App at 296. Therefore, the prosecution presented sufficient evidence to support the elements of felony-firearm.

Section 750.227b(1) is satisfied by evidence permitting a rational fact-finder to infer that the defendant possessed a firearm during the commission of a felony.

People v. Bass · filed 2016-09-13(1)

As we have previously explained, there was sufficient evidence for a rational fact-finder to infer that defendant committed both first-degree murder and felony murder, both of which are felonies. From the evidence that the victim’s cause of death was a gunshot to the back of the head, it is reasonable to infer that defendant possessed a firearm during the commission of those felonies. Ergo, there was sufficient evidence for a rational fact-finder to find defendant guilty of felony-firearm.

Section 750.227b(1) requires a defendant to carry or possess a firearm while committing or attempting another felony, and carrying means intentional control or dominion over the weapon.

People of Michigan v. Thornhill · filed 2016-09-13(1)

The offense of felony-firearm requires that defendant carry or possess a firearm while committing or attempting to commit another felony. MCL 750.227b(1). “Carrying” is similar to possession and denotes intentional control or dominion over the weapon. People v Butler, 413 Mich 377, 390 n 11; 319 NW2d 540 (1982). ... This evidence, if believed, was sufficient to prove that defendant carried or possessed a gun and used it to assault Holmes with the intent to murder her.

Section 750.227b(1) requires proof that the defendant possessed or carried a gun, and evidence that the defendants intentionally fired guns at the victim was sufficient to meet that requirement.

People of Michigan v. Ray-El · filed 2016-08-11(1)

The charges of felon in possession of a firearm and felony-firearm both require evidence that the defendant possessed or carried a gun. MCL 750.224f(1), (2); MCL 750.227b(1). ... Therefore, there was sufficient evidence to establish that Smith and Ray-El in fact possessed firearms, shot at Banks, and did so with the requisite intent. Consequently, there was sufficient evidence to support their convictions and the trial court did not err when it denied the motion for a directed verdict.

Section 750.227b requires proof that the defendant carried or possessed a firearm while committing or attempting to commit a felony.

People of Michigan v. Griffin · filed 2016-10-06

To be guilty of felony-firearm, MCL 750.227b, “one must carry or possess the firearm, and must do so when committing or attempting to commit a felony.” People v Burgenmeyer, 461 Mich 431, 438; 606 NW2d 645 (2000). Defendant admitted to possessing and firing a firearm during the incident at issue, sufficient evidence to allow a rational jury to conclude that defendant carried or possessed a firearm beyond a reasonable doubt. Likewise, defendant admitted to firing the weapon at Hassel and Wright, which formed the basis for his convictions for AWIGBH and felonious assault. Those crimes are felonies. MCL 750.226; MCL 750.84. Thus, sufficient evidence was presented to allow a rational jury to conclude beyond a reasonable doubt that defendant possessed or carried a firearm when committing a felony. Burgenmeyer, 461 Mich at 438. Accordingly, defendant’s conviction for felony-firearm was supported by sufficient evidence. Stevens, 306 Mich App at 628.

MCL 750.227b does not contain an element of premeditation.

People of Michigan v. Ruckes · filed 2016-10-20

The trial court assessed 50 points for OV 6, concluding that defendant “had premeditated intent to kill,” MCL 777.36(1)(a), but this fact was not admitted by defendant or necessarily found by the jury, given that defendant was convicted of AWIM, MCL 750.83, carrying a dangerous weapon with unlawful intent, MCL 750.226, and felony-firearm, MCL 750.227b, none of which contain an element of premeditation.

Felony-firearm requires possession of a firearm during the commission or attempted commission of a felony.

People of Michigan v. Anderson · filed 2016-11-10(1)

Finally, the elements of felony-firearm are that the defendant possessed a firearm during the commission of or the attempt to commit a felony.

Section 750.227b(1) permits felony-firearm possession to be proved constructively when the circumstances show that the defendant knew the firearm’s location and it was reasonably accessible to him.

People of Michigan v. Davis · filed 2016-10-11(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... Defendant only argues that he did not possess the firearms for the purposes of either conviction. Actual possession is not required to be convicted of a possessory crime; instead, a person may be convicted on a finding that the person was in constructive possession of the items in issue. ... In other words, “a defendant has constructive possession of a firearm if the location of the weapon is known and it is reasonably accessible to the defendant.” ... Accordingly, there was sufficient evidence for the jury to conclude beyond a reasonable doubt that defendant possessed the two guns.

Section 750.227b(1) requires the defendant to carry or possess a firearm while committing or attempting to commit a felony, and actual possession may be proved by evidence that the defendant discarded the firearm while fleeing.

People of Michigan v. Allen · filed 2016-11-15(1)

Defendant’s conviction of felony-firearm required the jury to find that defendant “carrie[d] or ha[d] in his . . . possession a firearm” when he committed or attempted to commit a felony. MCL 750.227b(1). ... This evidence, and the reasonable inferences flowing from it, provided sufficient evidence for rational jurors to find that defendant was in actual physical possession of the Ruger handgun prior to discarding it. ... His convictions for CCW, felon-in-possession, and felony-firearm were thus properly supported.

Section 750.227b requires proof that the defendant possessed a firearm during the commission of, or attempt to commit, a felony.

People of Michigan v. Keathley-Mitchell · filed 2016-12-08

“ ‘The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.’ ” People v Johnson, 293 Mich App 79, 82-83; 808 NW2d 815 (2011) (citation omitted). ... Accordingly, the evidence was sufficient to support defendant’s felony-firearm conviction.

Section 750.227b(1) requires proof that a defendant carried or possessed a firearm during the commission or attempted commission of a felony, and unequivocal eyewitness testimony that the defendant possessed and fired a handgun can be sufficient.

People of Michigan v. White · filed 2017-01-26(1)

For a conviction of felony-firearm, the prosecution must show that defendant carried or possessed a firearm during the commission of a felony or the attempt to commit a felony. ... Therefore, the only question for our purposes is whether there was sufficient evidence to show that defendant possessed a handgun at the time of the incident at the car wash. ... She clearly testified that she saw defendant with a black handgun and saw him fire it wildly. This was sufficient to allow a jury to conclude beyond a reasonable doubt that defendant indeed possessed a gun.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony, and possession may be actual or constructive, joint or exclusive.

People of Michigan v. Mendoza · filed 2017-01-19

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... Possession of a firearm can be actual or constructive, joint or exclusive. “[A] person has constructive possession if there is proximity to the article together with indicia of control. Put another way, a defendant has constructive possession of a firearm if the location of the weapon is known and it is reasonably accessible to the defendant.” Possession can be proved by circumstantial or direct evidence and is a factual question for the trier of fact. ... Overall, there was sufficient evidence to establish Charity’s identity as a person who had constructive possession of the guns, ecstasy, and marijuana found in the home and that she committed the underlying felonies while possessing the firearms.

Section 750.227b(1) requires possession of a firearm during the commission or attempted commission of a felony, and constructive possession can satisfy the possession element.

People of Michigan v. Anderson · filed 2017-02-23(1)

The elements of felony-firearm are that the (1) defendant possessed a firearm, (2) during the commission or attempted commission of any felony. People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). See MCL 750.227b. Felon-in-possession may constitute the underlying felony for felony-firearm. See People v Dillard, 246 Mich App 163, 168-169; 631 NW2d 755 (2001). ... Given that there was sufficient evidence to establish defendant’s constructive possession of the firearms and to support a felony conviction for felon-in-possession, it also follows that the prosecutor presented sufficient evidence to establish that defendant possessed a firearm during the commission of a felony. See MCL 750.227b(1).

Section 750.227b requires proof that the defendant possessed a firearm while committing or attempting to commit a felony, and possession may be established with circumstantial evidence.

People of Michigan v. Felton · filed 2017-04-20(1)

To succeed on a felony-firearm charge, the prosecution must prove that “defendant possessed a firearm during the commission of, or in the attempt to commit, a felony.” People v Bosca, 310 Mich App 1, 22; 871 NW2d 307 (2015) (quotation marks and citation omitted). Possession of a firearm “may be actual or constructive and may be proved by circumstantial evidence.” Burgenmeyer, 461 Mich at 437. Sufficient evidence existed for a rational fact-finder to conclude the prosecution proved the elements of felony-firearm beyond a reasonable doubt. As discussed earlier in Part I(A), the prosecution presented sufficient circumstantial evidence for a rational fact-finder to infer that defendant was in possession of a firearm. Furthermore, the predicate offense was felon-in-possession, which is a felony. See MCL 750.224f(5) (providing felon-in-possession is a felony). Accordingly, when viewed in a light most favorable to the prosecution, a rational fact-finder could have concluded that defendant actually possessed a firearm and did so while committing a felony. See Bosca, 310 Mich App at 22. Therefore, the prosecution presented sufficient evidence to support the elements of felony-firearm.

MCL 750.227b requires the defendant to possess a firearm during the commission or attempted commission of a felony.

People of Michigan v. Adams · filed 2017-04-06

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.”

Section 750.227b requires the defendant to possess a firearm during the commission or attempted commission of a felony.

People of Michigan v. Beach · filed 2017-04-18(1)

Defendant incorrectly asserts that because the jury acquitted him of felony-firearm, insufficient evidence existed to convict him of armed robbery. In so doing, he points out that the trial court instructed the jury that defendant could be convicted of armed robbery if the jury found, beyond a reasonable doubt, that he possessed a weapon designed to be dangerous. We conclude that the jury’s verdict was not inconsistent. “ ‘The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.’ ” People v Johnson, 293 Mich App 79, 82-83; 808 NW2d 815 (2011) (citation omitted). Possession of a firearm is not an element of armed robbery. Therefore, even considering the trial court’s specific instruction to the jury that it must find defendant possessed a dangerous weapon during the robbery, the jury could have believed, based on viewing the surveillance video and listening to testimony, that defendant did not possess a firearm, but did possess some other type of dangerous weapon. Regardless, “consistency in jury verdicts in criminal cases is not necessary.” People v Russell, 297 Mich App 707, 723; 825 NW2d 623 (2012). Accordingly, we conclude that there was sufficient evidence to convict defendant of armed robbery.

Section 750.227b(1) requires a defendant to possess a firearm while committing or attempting the predicate felony, so acquiring a firearm only after a breaking and entering is complete does not support felony-firearm based on that predicate.

People of Michigan v. Miller · filed 2017-05-16(1)

In case no. 2015-012098-FH, the factual basis supporting defendant’s guilty plea for the felony-firearm charge was inadequate because defendant only admitted obtaining the firearms after he completed the breaking and entering of the shooting range.