Mich. Comp. Laws § 750.227b

Section 750.227b applies when a defendant possesses a firearm during the commission of a felony.

People of Michigan v. Beamon · filed 2017-06-13

Defendant possessed a firearm during the commission of those felonies.

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

People of Michigan v. Wilson · filed 2017-06-22

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

Section 750.227b requires possession of an actual firearm; unlike armed robbery, it is not satisfied merely by an article made to appear to be a dangerous weapon.

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

Contrary to defendant’s claim, the jury’s verdicts on the armed robbery and felony-firearm charges were not inconsistent. A defendant cannot be convicted of felony-firearm unless the defendant possessed a firearm. See People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). But a defendant can be convicted of armed robbery without possessing a firearm.

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

People of Michigan v. Johnson · filed 2017-07-13(1)

To maintain a conviction for felony-firearm the prosecution must prove that: (1) the defendant possessed a firearm, (2) during the commission or attempted commission of a felony. People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). Felon-in-possession may constitute the underlying felony for felony-firearm. See People v Dillard, 246 Mich App 163, 168-170; 631 NW2d 755 (2001). ... Given that there was sufficient evidence to establish defendant’s possession of a firearm and to support a felony conviction for felon-in-possession, it also follows that the prosecutor presented 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. Treadwell Jr · filed 2017-06-27

“The elements of felony-firearm are that the defendant possessed a firearm during the commission, or the attempt to commit, a felony. One must carry or possess the firearm when committing or attempting to commit a felony.”

A felony-firearm conviction is supported when sufficient evidence shows that the defendant committed first-degree premeditated murder using a gun.

People of Michigan v. Coleman · filed 2017-06-27(1)

Taken altogether, there was more than sufficient evidence to establish that defendant murdered the victim using a gun and that he acted with premeditation and deliberation. Further, defense counsel stipulated that defendant had a prior felony conviction and that, on the date of the murder, he had not regained his privilege to carry a firearm. Because sufficient evidence to support defendant’s conviction for first-degree premeditated murder was presented, there was also sufficient evidence to support defendant’s convictions for felon-in-possession and felony-firearm.

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony, and a victim's testimony that the defendant threatened him with a silver handgun can provide sufficient evidence of possession.

People of Michigan v. Washington · filed 2017-08-08(1)

In order to find a defendant guilty of felony-firearm, a jury must find that he or she possessed a firearm during the commission or attempted commission of a felony. MCL 750.227b; see also People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). ... The victim testified, in relevant part, that defendant threatened him with “[a] silver gun.” When subsequently asked whether the gun was “a handgun,” the victim answered affirmatively. This testimony, when viewed in a light most favorable to the prosecution, Reese, 491 Mich at 139, drawing all reasonable inferences and making all credibility determinations in support of the jury’s verdicts, Nowack, 462 Mich at 400, constitutes legally sufficient evidence to support the jury’ guilty verdicts on the felon-in-possession and felony-firearm charges.

Felony-firearm requires the defendant to possess a firearm during the commission or attempted commission of a felony, and possession may be proved by circumstantial evidence and reasonable inferences.

People of Michigan v. Kajuan Latroy Brown · filed 2017-06-27

“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). In challenging this conviction, defendant does not dispute that sufficient evidence established that he participated in the commission of a felony, but argues only that the necessary element of possession of a firearm was not proven because the evidence failed to establish beyond a reasonable doubt that he, and not Lemons, was the person who possessed the firearm during the robbery. Possession is a question of fact for the jury. People v Strickland, 293 Mich App 393, 400; 810 NW2d 660 (2011). Circumstantial evidence and reasonable inferences arising from the evidence can establish possession. Id.

Section 750.227b makes possession of a firearm an element of felony-firearm.

People of Michigan v. Ashford · filed 2017-07-20

“Possession” is an element of felon-in-possession, MCL 750.224f; People v Bass, 317 Mich App 241, 268; 893 NW2d 140 (2016), and felony-firearm, MCL 750.227b; People v Peals, 476 Mich 636, 640; 720 NW2d 196 (2006); Johnson, 293 Mich App at 82-83, and the “carrying” element of CCW has been equated to possession, People v Butler, 413 Mich 377, 390 n 11; 319 NW2d 540 (1982).

Section 750.227b makes it a felony for a person to carry or possess a firearm while committing or attempting to commit a felony and requires imprisonment.

People of Michigan v. Treadwell Jr · filed 2017-06-27

Under the felony-firearm statute, “[a] person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony . . . is guilty of a felony and shall be punished by imprisonment. . . .” MCL 750.227b.

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. Willingham · filed 2017-08-15(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... Viewing this evidence in the light most favorable to the prosecution, Smith-Anthony, 494 Mich at 676, there was sufficient evidence for the jury to conclude that defendant possessed a firearm during the commission of the felony for which he was convicted.

Section 750.227b permits a jury to convict a defendant of felony-firearm even if the jury does not convict the defendant of the predicate felony.

People of Michigan v. London · filed 2017-08-15(1)

Consistent with M Crim JI 11.34(3) and People v Lewis, 415 Mich 443, 454-455; 330 NW2d 16 (1982), the trial court instructed the jury that it was not necessary that defendant be convicted of felonious assault in order to convict her of felony-firearm. ... Simply put, the instructional error favored or benefited defendant, taking felony-firearm off the table had the jury convicted her of assault and battery.

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

People of Michigan v. Matthews · filed 2017-08-15

Finally, felony-firearm, MCL 750.227b, requires the prosecution prove that defendant possessed a firearm during the commission of, or the attempt to commit, a felony. ... When the foregoing evidence is viewed in a light most favorable to the prosecution, sufficient evidence was presented for the jury to have found beyond a reasonable doubt that defendant had actual possession of the revolver recovered from the white plastic bag. Accordingly, the prosecution presented sufficient evidence for a rational trier of fact to have found defendant guilty of felon-in-possession, carrying a concealed weapon, and felony-firearm.

Section 750.227b(1) requires a defendant to possess a firearm during the commission or attempted commission of a felony.

People of Michigan v. Torres · filed 2017-10-12(1)

To be convicted of felony-firearm, a defendant must have possessed a firearm during the commission or attempted commission of a felony.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony, and eyewitness testimony that the defendant held a gun can establish possession.

People of Michigan v. Johnson · filed 2017-09-14

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... In this case, Christopher testified that defendant possessed a gun. Indeed, Christopher testified that defendant grabbed him by the neck and held the gun to his head. Christopher specified that the gun looked like a .38 caliber handgun. Further, although Rodrick could not identify defendant, his testimony corroborated Christopher’s description of events to the extent that Rodrick saw a man with a gun holding Christopher in a chokehold. Given this eyewitness testimony, the credibility of which was for the jury, there was sufficient evidence to establish that defendant possessed a gun and thus the evidence was sufficient to support his convictions for felony-firearm and felon-in-possession.

Section 750.227b(1) requires possession of a firearm, and eyewitness testimony identifying the weapon as a shotgun can sufficiently prove that element even when no gun is recovered.

People of Michigan v. Morich · filed 2017-10-12(1)

Defendant contends that the prosecution presented insufficient evidence that he possessed a gun, negating a necessary element of his felony-firearm and felon-in-possession convictions. A “firearm” is defined for the purposes of both statutes as “any weapon which will, is designed to, or may be readily converted to expel a projectile by action of an explosive.” MCL 750.222(e). ... Moreover, Melcer’s testimony was more than adequate to establish the type of weapon used during the offense. ... Melcer’s identification of the manufacturer, model, and gauge number of the weapon are the types of details that could lead a reasonable juror to credit his testimony. ... Werner’s testimony supported Melcer’s description, strengthening the credibility of both witnesses. And their testimony was more than sufficient to support defendant’s convictions.

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. McCoy · filed 2017-10-12(1)

Pursuant to MCL 750.227b(1), a defendant is guilty of felony-firearm where that “defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” Bass, 317 Mich App at 268-269. At issue in this appeal with respect to all three offenses with which defendant was convicted is the element of possession. To be convicted of a possessory crime in Michigan, a defendant need not actually possess a firearm; “constructive possession is sufficient.”

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

People of Michigan v. Ladarius Edward Welch · filed 2017-11-14

The elements of felony-firearm are: (1) the possession of a firearm; (2) during the commission of, or the attempt to commit, a felony. MCL 750.227b.

Section 750.227b is satisfied when the totality of the evidence permits a reasonable fact-finder to determine that the defendant unlawfully possessed the firearm.

People of Michigan v. Carl Michael-James Clark · filed 2017-11-28

Accordingly, viewing the evidence in the light most favorable to the prosecution, and based on the totality of the testimony presented at trial, a reasonable fact-finder could determine that defendant unlawfully possessed and concealed a firearm in violation of MCL 750.224f, MCL 750.227, and MCL 750.227b. Accordingly, defendant is not entitled to relief on this issue.

Section 750.227b requires an attempted or completed felony while the defendant possesses a firearm.

People of Michigan v. Tyrone Howell · filed 2017-12-14

The elements of felony-firearm are: (1) attempt or commission of a felony; (2) while in the possession of a firearm.

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 predicate felony.

People of Michigan v. Sterling Lane · filed 2018-01-18(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” Bass, 317 Mich App at 268-269 (quotation marks and citation omitted). Felon in possession of a firearm may serve as the predicate felony for a felony-firearm conviction. See MCL 750.227b; People v Calloway, 469 Mich 448, 452; 671 NW2d 733 (2003).

Section 750.227b requires proof that the defendant possessed a firearm while committing or attempting to commit a felony, and constructive possession can satisfy that requirement.

People of Michigan v. Roy Harris James Jr · filed 2018-01-18

To convict defendant of felony firearm, MCL 750.227b, the prosecutor must establish “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). ... Accordingly, there was sufficient evidence that defendant constructively possessed the gun that evening to support a felony-firearm conviction as well as a felon-in-possession conviction. See Johnson, 293 Mich App at 83.

Section 750.227b(1) permits a felony-firearm conviction based on constructive possession when the defendant knows the firearm’s location and it is reasonably accessible to the defendant.

People of Michigan v. Husam Kamil Alzehery · filed 2018-01-18(1)

Turning to defendant’s possession of the firearm, pursuant to MCL 750.227b, a defendant is guilty of felony-firearm where that “defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Bass, 317 Mich App 241, 268-269; 893 NW2d 140 (2016) (citation and quotation marks omitted). To be convicted of a possessory crime in Michigan, a defendant need not actually possess a firearm; “constructive possession is sufficient.” People v Minch, 493 Mich 87, 91; 825 NW2d 560 (2012). ... That is, “ ‘a defendant has constructive possession of a firearm if the location of the weapon is known and it is reasonably accessible to the defendant.’ ” Johnson, 293 Mich App at 83, quoting Hill, 433 Mich at 470-471. ... Where the rifle was reasonably accessible to defendant, who was in close proximity to it, the trial court properly concluded that defendant had constructive possession of the rifle. Johnson, 293 Mich App at 83.

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

People of Michigan v. Kera Elone Hill · filed 2018-01-23(1)

In turn, “[t]he elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Taylor, 275 Mich App 177, 179; 737 NW2d 790 (2007) (citation omitted). ... Thus, while issues of credibility arose regarding why defendant confronted Jarrett and Johnson, the evidence that defendant pursued the young men and ultimately fired a weapon, striking and injuring Jarrett, is not contrary to the great weight of the evidence and supported her convictions.

Section 750.227b requires possession of a firearm for a felony-firearm conviction.

People of Michigan v. Adaire Carvane Evans · filed 2018-01-16

Defendant correctly states that his CCW, felon-in-possession, and felony-firearm convictions all required him to be in possession of a firearm.

Section 750.227b(1) requires proof that the defendant committed or attempted to commit a felony and knowingly carried or possessed a firearm.

People of Michigan v. Franklyn Dimun Garrison · filed 2018-01-30(1)

It must be proven “that the defendant committed or attempted to commit that crime and he knowingly carried or possessed a firearm.” MCL 750.227b.

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. Teaunte Lawrence Harper · filed 2018-04-03(1)

Felony-firearm requires “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). Since AWIGBH is a felony, and a firearm was used in the commission of the present crime, a jury certainly could have determined that defendant was guilty of felony-firearm.

Evidence that the homicide was committed with a firearm was sufficient to support a felony-firearm conviction under § 750.227b.

People of Michigan v. Clower · filed 2018-05-10

The homicide was undisputedly committed with a firearm, MCL 750.227b.

Eyewitness evidence that a defendant possessed and used a gun to shoot at victims can establish his identity as the shooter and support a felony-firearm conviction.

People of Michigan v. Davis · filed 2018-05-17

Given the evidence that defendant possessed and used a gun to shoot at Eric and Jeremy, there was clearly sufficient evidence to establish defendant’s identity as the shooter and to support defendant’s convictions for AWIGBH, felon-in-possession, and felony-firearm.

Section 750.227b makes possession an element of felony-firearm, and possession may be proved through circumstantial evidence and reasonable inferences.

People of Michigan v. Barbee · filed 2018-06-26

Viewing the direct and circumstantial evidence in a light most favorable to the prosecution, ... we hold that there was sufficient evidence for the trial court to find beyond a reasonable doubt that defendant possessed the gun. ... "Possession" is an element of felon-in-possession, MCL 750.224f ; ... and felony-firearm, MCL 750.227b ; ... .

Section 750.227b makes possession an element of felony-firearm, and actual possession may be proved by circumstantial evidence and reasonable inferences from a defendant’s conduct and the firearm’s location.

People of Michigan v. Barbee · filed 2018-06-26

“Possession” is an element of felon-in-possession, MCL 750.224f; People v Bass, 317 Mich App 241, 268; 893 NW2d 140 (2016), and felony-firearm, MCL 750.227b; People v Peals, 476 Mich 636, 640; 720 NW2d 196 (2006); Johnson, 293 Mich App at 82-83, and the “carrying” element of CCW has been equated to possession, People v Butler, 413 Mich 377, 390 n 11; 319 NW2d 540 (1982). ... The police testimony describing defendant’s suspicious movements and his startled appearance when the officers stopped, his conduct in immediately jumping out of the vehicle, and the discovery of the weapon part way under the passenger seat, which location would be consistent with the nature of defendant’s movements that suggested he had placed something under his seat, gave rise to a reasonable inference that defendant had physically handled and possessed the firearm. The evidence was sufficient to support the verdicts.

Section 750.227b(1) requires proof that the defendant possessed a firearm while committing or attempting to commit a felony.

People of Michigan v. Carter · filed 2018-08-14(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 Taylor, 275 Mich App 177, 179; 737 NW2d 790 (2007) (quotation marks and citation omitted). ... Viewing the evidence in a light most favorable to the prosecution, Harverson, 291 Mich App at 175, it was sufficient to enable a rational trier of fact to find beyond a reasonable doubt that defendant was the shooter.

A felony-firearm conviction is supported when the defendant commits a predicate felony with a firearm.

People of Michigan v. Shutter · filed 2018-08-21

And, because defendant committed the predicate felonies with a firearm, sufficient evidence supports defendant’s felony-firearm conviction.

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

People of Michigan v. Muhammad · filed 2018-10-02

“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 sufficient evidence for the jury to convict defendant of both crimes. The victim testified that the perpetrator assaulted him with a gun at a Shell gas station in Muskegon and demanded money, thus perpetrating a larceny in the course of the assault.

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

People of Michigan v. Muntean · filed 2018-10-30(1)

The intent element for felony-firearm is “knowing possession” of a firearm during the commission or attempted commission of the predicate felony. 3 People v Rapley, 483 Mich 1131 (2009). Defendant admitted that he knowingly possessed his handgun throughout the incident at issue in this case, which included his commission of assault with intent to do great bodily harm. Thus, there was sufficient evidence for a rational juror to conclude that defendant had the requisite intent to support his felony-firearm conviction.

Section 750.227b(1) requires actual or constructive possession of a firearm while the felony is being committed, not possession at the time of arrest or discovery by police.

People of Michigan v. Colville · filed 2018-11-29(1)

At trial, plaintiff established that the gun, which was registered to defendant, was found under the only mattress in the house in which defendant lived and in which he was conducting the ongoing felony of illegally growing marijuana. Thus, the evidence demonstrated defendant had constructive possession. Although defendant cites a friend’s testimony that she had helped defendant look for the gun a month or two before because he had misplaced it, the jury was free to have disbelieved the friend’s testimony. See People v Davis, 241 Mich App 697, 700. Again, in reviewing the evidence, we do not substitute our judgment for that of the jury regarding witness credibility or the weight of the evidence. Unger, 278 Mich App at 222. Defendant’s argument treats the statute “as though it prohibits possession of a firearm when a person is arrested for a felony,” but this is not the proper inquiry. Instead, “[t]he proper question . . . is whether the defendant possessed a firearm at the time he committed a felony.” People v Burgenmeyer, 461 Mich 431, 438-439; 606 NW2d 645 (2000) (emphasis added). Therefore, it is irrelevant whether defendant knew the gun was under the mattress at the time the police searched the house. As discussed above, the jury could have inferred from the evidence presented that defendant possessed the gun, actually or constructively, while growing illegal marijuana.

Possession for felony-firearm is established when the defendant holds a gun to strike the victim, and the victim's testimony can provide sufficient evidence of that possession despite conflicting testimony.

People of Michigan v. Nelson · filed 2018-09-13

Possession is an element of both felon-in-possession and felony-firearm, and the prosecution must establish that element beyond a reasonable doubt in order to convict a defendant of either offense. See MLC 750.224f; People v Akins, 259 Mich App 545, 554; 675 NW2d 863 (2003). Defendant Virgil argues that the prosecution failed to present sufficient evidence to establish that he possessed a firearm, and thus his convictions for felon-in-possession and felony-firearm must be reversed. ... Here, resolving all conflicts in evidence in favor of the prosecution, there was sufficient evidence to conclude that defendant Virgil possessed a firearm. Abdul testified that defendant Virgil hit him in the head with the gun. Obviously, in order to strike Abdul in the head with the gun, defendant Virgil must have possessed it. This is direct evidence of defendant Virgil’s possession of the gun.

Section 750.227b requires proof that the defendant possessed 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. Kooistra · filed 2018-09-18

To establish the elements of felony-firearm, MCL 750.227b, the prosecution must prove: (1) the defendant possessed a firearm, (2) during the commission, or attempted commission, of any felony. See People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). Possession is a question of fact for the jury. People v Strickland, 293 Mich App 393, 400; 810 NW2d 660 (2011). Possession can be proven by circumstantial evidence and reasonable inferences arising from the evidence. Id.

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

People of Michigan v. Sargent · filed 2018-09-18

With respect to a felony-firearm charge, the prosecution must prove that (1) the defendant possessed a firearm, (2) during the commission or attempted commission of any felony. ... Possession may be actual or constructive; it may also be joint or exclusive. ... Viewing the evidence in the light most favorable to the prosecution, a reasonable jury could conclude that Sargent knowingly had the power and the intention at a given time to exercise dominion or control over the gun. Thus, we conclude that there was sufficient evidence that Sargent possessed the gun in this case.

Section 750.227b(1) requires carrying or possessing a firearm while committing or attempting to commit a felony, and felon-in-possession may serve as the underlying felony.

People of Michigan v. Wilder · filed 2018-11-27(1)

“To be guilty of felony-firearm, 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); see also MCL 750.227b(1). “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.” People v Johnson, 293 Mich App 79, 83; 808 NW2d 815 (2011) (quotation marks and citations omitted). Felon-in-possession may serve as the underlying felony to support a conviction for felony-firearm. People v Calloway, 469 Mich 448, 452; 671 NW2d 733 (2003).

Section 750.227b requires possession of a weapon, which may be established by circumstantial evidence.

People of Michigan v. Bellamy · filed 2018-10-25

For his convictions of felony-firearm, felon-in-possession, and CCW, defendant argues that the prosecution failed to present sufficient evidence to establish that he possessed a firearm. Felony-firearm, felon-in-possession, and CCW all require that the defendant possess a weapon. ... Possession can be established by circumstantial evidence. ... In other words, a rational trier of fact could conclude beyond a reasonable doubt that defendant possessed a firearm. Because defendant only challenges the “possession” element of his convictions of felony-firearm, felon-in-possession, and CCW, we conclude that there was sufficient evidence to support those convictions.

A felony-firearm conviction is supported when video evidence and officer testimony allow a rational jury to find that the defendant knowingly had direct physical control of the firearm.

People of Michigan v. Roberts · filed 2018-12-04(1)

Defendant was convicted by a jury of being a felon in possession of a firearm (felon-in-possession), MCL 750.224f, and of possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. ... Defendant first argues that there was insufficient evidence for a rational jury to conclude that he possessed a firearm. We disagree. ... On the basis of the video evidence and Sergeant Curtis’s testimony, a rational jury could have found that defendant knowingly had direct physical control over the firearm. See Flick, 487 Mich at 15.

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

People of Michigan v. Clark · filed 2019-08-20(1)

Turning to the felony-firearm conviction, armed robbery and carjacking served as alternative predicate felonies for the felony-firearm charge. As already noted, there was ample evidence on this record for a reasonable juror to conclude that Clark committed both of the predicate felonies, and did so by intentionally brandishing a firearm. A rational juror could reasonably infer that Clark was in knowing possession of a firearm during the commission of either predicate felony.

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

People of Michigan v. Davis · filed 2019-09-19(1)

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... Similarly, because it is undisputed that Welch and Newman were both shot by a firearm and because the evidence was sufficient to link Jordan to their shooting deaths, sufficient evidence supports Jordan’s conviction of felony-firearm.

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

People of Michigan v. Lavington · filed 2020-02-25

“[T]he elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Muhammad, 326 Mich App 40, 61; 931 NW2d 20 (2018). The evidence clearly established that defendant effectuated the murder of CL by shooting CL. There being no obvious way to shoot someone without possessing a firearm, a reasonable trier of fact could find beyond a reasonable doubt that defendant possessed a firearm during the commission of a felony.

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony, and possession may be established by direct or circumstantial evidence.

People of Michigan v. Williams · filed 2020-05-07(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 Muhammad, 326 Mich App 40, 61; 931 NW2d 20 (2018). Possession can be established through direct or circumstantial evidence and is a factual question for the factfinder.

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. Jajuan Marcellous Cannon · filed 2020-05-28(1)

To convict defendant of felony-firearm, the prosecution had to prove beyond a reasonable doubt that defendant “possessed a firearm during the commission of, or the attempt to commit, a felony.” MCL 750.227b; Muhammad, 326 Mich App at 61 (quotation marks and citation omitted). ... This evidence, if believed by the jury, was sufficient to prove that defendant left Coyle Street with a dangerous weapon and with the intent to use it unlawfully, thus satisfying the elements of carrying a dangerous weapon with unlawful intent, and that that dangerous weapon was a handgun, thus satisfying the elements of one count of felony-firearm. The fact that defendant possessed a handgun, along with the stipulations previously mentioned, satisfied the elements of felon-in-possession and of a second count of felony-firearm.

Section 750.227b(1) requires that the defendant carry or possess a firearm while committing or attempting to commit the predicate felony.

People of Michigan v. Byers · filed 2020-07-23(1)

Felony-firearm occurs when a person “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). ... Therefore, defendant was not unfairly surprised by the amendment to the information because Deputy Marz’s preliminary examination testimony supported a finding that defendant was carrying a firearm at the time he allegedly committed the underlying resisting and obstructing felony as required for a felony-firearm charge.

Section 750.227b(1) makes it felony-firearm to carry or possess a firearm while committing or attempting to commit a felony.

People of Michigan v. Deonte Montez Love · filed 2020-12-10(1)

Finally, there was also sufficient evidence to convict defendant of felony-firearm. “A person who carries or has in his . . . possession a firearm when he . . . commits or attempts to commit a felony . . . is guilty of” felony-firearm. MCL 750.227b(1). As already mentioned, felonious assault is a felony. MCL 750.82(1). The trial court properly convicted defendant of felony-firearm after it concluded that defendant possessed a firearm when he committed the felonious assault against Adkins.

Section 750.227b(1) makes a person guilty of felony-firearm if the person possesses a firearm during the commission of a felony.

People of Michigan v. Dion Damar Hardy · filed 2021-05-27(1)

“A person is guilty of felony-firearm if the person possesses a firearm during the commission of a felony.”

Section 750.227b requires evidence that the defendant possessed a firearm while committing the predicate felony.

20221122_C359586_52_359586.Opn.Pdf · filed 2022-11-22

And to bind over Flanders on the connected felony-firearm charges, the prosecution need only present evidence that Flanders possessed a firearm while committing deadly discharge and first-degree murder. MCL 750.227b. ... The only additional element for the felony-firearm charges is that Flanders possessed a weapon while committing first-degree murder and deadly discharge. As already discussed, the prosecution presented sufficient evidence that Flanders possessed a .9-millimeter pistol to support a finding of probable cause on that element.

Section 750.227b(1) requires carrying or possessing a firearm while committing or attempting a felony; possession may be actual or constructive and proved by circumstantial evidence.

People of Michigan v. Jennings-Bush · filed 2024-04-11(1)

Felony-firearm, MCL 750.22b(1), applies to “[a] person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony . . . .” People v Burgenmeyer, 461 Mich 431, 436; 606 NW2d 645 (2000). “To be guilty of felony-firearm, one must carry or possess the firearm, and must do so when committing or attempting to commit a felony.” Id. at 438. Felon-in-possession, MCL 750.224f(1), prohibits a person who has been convicted of a felony from possessing a firearm. For both felony-firearm and felon-in-possession of a firearm, “[p]ossession may be actual or constructive and may be proved by circumstantial evidence.” Burgenmeyer, 461 Mich at 437. “A defendant may have constructive possession of a firearm if its location is known to the defendant and if it is reasonably accessible to him.” Id.

Section 750.227b applies when a person possesses a firearm while committing assault with intent to do great bodily harm.

People of Michigan v. Willoughby · filed 2025-01-17

Moreover, because the jury could find Willoughby guilty of assault with intent to do great bodily harm because he shot Boyer, Willoughby clearly possessed a firearm during the commission of that felony for purposes of his felony-firearm conviction.

Section 750.227b(1) is satisfied by evidence that a defendant possessed a firearm while committing a felony, including victim testimony corroborated by recovery of the gun shortly after the assault.

People of Michigan v. Jones · filed 2025-10-13(1)

The elements of felony-firearm are (1) carrying or possessing a firearm, (2) when committing or attempting to commit a felony. MCL 750.227b. ... The evidence also established that defendant possessed a firearm when committing a felony. MCL 750.227b.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony, and a felony-firearm conviction is supported when the evidence establishes the underlying felony and firearm possession.

People of Michigan v. Teachey · filed 2026-04-16

In addition to the firearm-discharge conviction, defendant’s felony-firearm conviction was supported by sufficient evidence. For felony-firearm, defendant must have possessed a firearm during the commission of or attempt to commit a felony. Sufficient evidence was set forth to convict defendant of the firearm discharge and therefore, sufficient evidence was established for the felony-firearm conviction.

A felony-firearm conviction requires a factual basis showing possession of a firearm during the underlying felony; picking up a gun only after entering the dwelling did not establish one here.

People v. Mitchell · filed 1988-12-20

Accordingly, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals because the guilty plea did not waive the right to contest the factual basis and because the factual basis stated at the plea proceeding did not provide grounds for concluding that defendant possessed a firearm in the commission of the breaking and entering.

Section 750.227b requires a person to carry or possess a firearm while committing or attempting to commit a felony; merely owning a firearm is insufficient.

People v. Burgenmeyer · filed 2000-03-07(1)

Thus, a person does not violate MCL 750.227b; MSA 28.424(2) by committing a felony while merely owning a firearm. To be guilty of felony-firearm, one must carry or possess the firearm, and must do so when committing or attempting to commit a felony.

Section 750.227b prohibits possessing a firearm during the commission or attempted commission of a felony; possession during a felonious assault satisfies it.

People of Michigan v. Brewczynski Sr · filed 2015-11-24

Here, the facts set forth in the affidavit would have allowed the trial court to conclude that defendant used the subject weapon in a manner that was contrary to both MCL 750.2263 and MCL 750.227b.

Section 750.227b does not require a conviction of the underlying felony for a felony-firearm conviction.

People of Michigan v. Hudson · filed 2019-06-25

That is, conviction of the underlying felony is not a prerequisite of guilt for felony-firearm.

Section 750.227b(1) supports an attendant felony-firearm conviction when a defendant commits involuntary manslaughter by firing a pistol.

People of Michigan v. Varndell Jr · filed 2022-11-22(1)

Ultimately, the evidence demonstrated that Varndell was intoxicated by marijuana and covertly carrying a loaded pistol when he went into the woods, after dark, with a group of eight people, including children. Despite knowing that his fellow searchers were spread throughout the woods and not wearing safety orange, Varndell began shooting into the dark when he thought he saw the deer. Varndell swayed with intoxication as he rapidly fired eight rounds. This behavior was grossly negligent and caused the death of an 11-year-old child. Accordingly, the prosecution ... presented sufficient evidence to support Varndell’s conviction of involuntary manslaughter and its attendant felony-firearm charge.

A felony-firearm conviction must be vacated when the substantive felony underlying it is vacated.

People of Michigan v. Robinson · filed 2020-05-21

In Robinson’s case, we also vacate the felony firearm conviction attached to the felony murder conviction. “If the substantive crime underlying a felony firearm conviction must be vacated, then that accompanying felony-firearm conviction also must be vacated.” People v Harding, 443 Mich 693, 717; 506 NW2d 482 (1993), abrogated on other grounds by People v Ream, 481 Mich 223; 750 NW2d 536 (2008). Accordingly, Robinson’s judgment of sentence must be further amended to show only one conviction for felony firearm.

Section 750.227b(1) allows felon-in-possession to serve as the predicate felony for felony-firearm without requiring possession of a second firearm.

People of Michigan v. Hall · filed 2020-02-27(1)

What the questions show, however, is that the jury did not immediately understand that felon-in-possession was the predicate felony for felony-firearm, which meant that it could find defendant guilty of felony-firearm based solely on its finding that he was a felon-in-possession, i.e., without having to find that defendant also possessed the .380-caliber handgun.

Section 750.227b(1) authorizes an additional felony charge and sentence when a person possesses a firearm while committing a felony other than the four felonies expressly excepted by the statute.

McCrary v. Burt · filed 2019-11-06(1)

Michigan’s felony-firearm statute provides 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.” People v. Calloway, 671 N.W.2d 733, 735 (2003). McCrary’s felony convictions do not fall within the four exceptions enumerated in the statute. Mich. Comp. Laws § 750.227b(1).

Section 750.227b requires a predicate felony but does not require the jury to convict the defendant of that predicate felony.

People of Michigan v. Magee · filed 2019-12-19

Although felony-firearm requires the presence of a predicate felony offense, the jury need not actually convict a defendant of the predicate offense in order to convict a defendant of felony-firearm.

A felony-firearm conviction requires an underlying felony, but the jury need not separately convict the defendant of that predicate offense.

People of Michigan v. Brown III · filed 2019-09-26(1)

Although felony-firearm requires the presence of an underlying felony offense, the jury need not actually convict a defendant of that underlying offense.

Section 750.227b(1) permits felon in possession of a firearm to serve as the predicate felony for a felony-firearm conviction.

People of Michigan v. Tyson · filed 2016-06-28(1)

Felon in possession of a firearm can serve as the predicate felony for felony-firearm. MCL 750.227b; People v Dillard, 246 Mich App 163, 167; 631 NW2d 755 (2001). Based on the jury’s conviction of defendant on the predicate felony of felon in possession of a firearm, the conviction on the charge of felony-firearm is both permissible and not inconsistent.

Section 750.227b(1) cannot sustain a felony-firearm conviction when the conviction for its underlying felony has been vacated.

People of Michigan v. Perez · filed 2016-03-08(1)

Because defendant’s conspiracy conviction was vacated, “the jury’s factual finding that the [conspiracy] was committed may no longer be relied upon as a basis for a felony-firearm conviction. Absent such a finding, the felony-firearm conviction must also be reversed.”

Section 750.227b(1) allows a single felony-firearm charge to be based on multiple underlying felonies, making resentencing unwarranted when each predicate felony was identified in the information and submitted to the jury.

People of Michigan v. Aaron Lorenzo Washington · filed 2015-02-24(1)

Unlike Clark, 463 Mich at 463-464, in which the two felony-firearm charges were tied to a particular underlying felony, the sole felony-firearm charge in this case was linked to both underlying felonies. Specifically, the felony information listed both felon in possession and resisting and obstructing as predicate felonies for felony-firearm. The trial court also instructed the jury that either felony, or both, could be a predicate to felony-firearm. The Supreme Court in Clark, 463 Mich at 464 n 11, specifically approved of linking a single felony-firearm charge to multiple felonies. Because both charges were listed as underlying felonies in the information, defendant is not entitled to resentencing.

Section 750.227b(1) permits felon-in-possession under MCL 750.224f to serve as the predicate felony because it is not one of the statute’s four expressly excluded felonies.

People of Michigan v. Arthur Shimuel Clemons · filed 2015-04-16(1)

The Mitchell Court explained that the list of the four exceptions in the felony-firearm statute is exclusive, and it is erroneous to “read[] in an exception that was not included in the statute by the Legislature.” Id. at 697-698. Thus, because the felon-in-possession statute, MCL 750.224f, is not one of the four excepted felonies under the felony-firearm statute, felon-in-possession may be used as the predicate felony for a felony-firearm conviction, Calloway, 469 Mich at 452; Dillard, 246 Mich App at 167-168, and defendant’s conviction was legal.

Section 750.227b permits felon in possession of a firearm, but not carrying a concealed weapon, to serve as the predicate felony for felony-firearm.

People of Michigan v. Travis Raynard Edwards · filed 2015-05-28(2)

“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 Taylor, 275 Mich App 177, 179; 737 NW2d 790 (2007) (quotation marks and citation omitted). Although CCW cannot serve as a predicate felony for a felony-firearm charge, felon in possession of a firearm can serve as a predicate felony. MCL 750.227b(2); see also People v Cortez, 206 Mich App 204, 207; 520 NW2d 693 (1994).

Section 750.227b(1) requires proof that the defendant possessed a firearm during the commission or attempted commission of a felony, but a felony-firearm conviction may stand despite acquittal on the charged underlying felonies.

People of Michigan v. George Rennie Jr · filed 2015-04-21(1)

To convict a defendant of felony-firearm, a jury must find that the prosecution proved, beyond a reasonable doubt, 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). ... As defendant acknowledges, juries are permitted to render “seemingly inconsistent verdicts” because “juries are not held to any rules of logic and have the power to acquit as a matter of leniency.” People v Lewis, 415 Mich 443, 449; 330 NW2d 16 (1982) (quotation marks omitted). Thus, the fact that the jury acquitted defendant of the assault counts is not dispositive. ... Although it did not convict defendant of the underlying felonies, on the basis of this record, it is the opinion of this Court that it could have.

Section 750.227b requires the underlying felony to be established because the felony-firearm offense necessarily depends on that felony.

People v. Stoll · filed 1978-12-08

The firearm offense necessarily turns upon the establishment of the assault offense. As to these two counts, the case is remanded.

Section 750.227b defines felony-firearm as carrying or possessing a firearm while committing or attempting to commit a felony other than carrying a concealed weapon.

People v. Brintley · filed 1978-09-20

The felony of "felony-firearm” consists of two elements: a) carrying or possession of a firearm, b) while committing or. attempting to commit a felony (other than carrying a concealed weapon).

Section 750.227b does not support a felony-firearm conviction when the facts do not establish the predicate felony.

People v. Frazier · filed 1980-10-22

Finally, defendant contends that there was an insufficient factual basis on the record to support her plea to the felonious assault and felony-firearm charges. ... But, if it is shown only that the gun accidentally discharged while not intentionally aimed at the victim, both of defendant's convictions must be reversed.

Section 750.227b requires carrying or possessing a firearm while committing or attempting to commit a felony.

People v. Hogan · filed 1981-04-21

The offense consists of two elements: (1) carrying or possession of a firearm, (2) while committing or attempting to commit a felony.

Section 750.227b's felony-firearm charge is inseparable from its predicate felony charge, so a jurisdictional defect preventing jurisdiction over the predicate charge also prevents jurisdiction over the felony-firearm charge.

People v. Joseph Vannoy · filed 1981-05-19

Therefore, we hold that the circuit court never obtained proper jurisdiction over the defendants with respect to the armed robbery/ bank robbery charges or with respect to the inseparable felony-firearm charges.

Section 750.227b requires an underlying felony and does not permit a felony-firearm conviction when the predicate offense is a misdemeanor.

People v. Bairefoot · filed 1982-03-24

Moreover, defendant could not have been convicted of felony-firearm if the jury had convicted him of the misdemeanor.

Section 750.227b(1) does not apply to an accessory after the fact whose conduct occurred after the underlying felony and did not involve using or attempting to use a gun in committing a felony.

People v. JD WILLIAMS · filed 1982-06-23(1)

In this case, the underlying crime, the alleged murder, was completed by the time defendant took codefendant to the hospital and allegedly transported the gun. The underlying crime certainly was a violent one, but the role that the jury found defendant played, that of an accessory after the fact, did not involve the use or attempted use of a gun in the commission of a felony. Therefore, the possession of a firearm conviction is reversed and the accessory after the fact conviction is affirmed.

Section 750.227b(1) permits convictions for both felony-firearm and carrying a concealed weapon, but carrying a concealed weapon cannot be the underlying felony for the felony-firearm conviction.

People v. Sturgis · filed 1983-10-25(1)

We interpret the above-quoted provision to mean not that one may never be convicted of both felony-firearm and carrying a concealed weapon, but rather, only that the offense of carrying a concealed weapon may not be the underlying felony to support a felony-firearm conviction.

A felony-firearm conviction may rest on either of multiple charged predicate felonies and does not require convictions on all of them.

People v. Davis · filed 1985-04-16

Defendant correctly asserts that the trial court’s instruction was erroneous because it suggested that convictions on both the robbery and kidnapping charges were necessary for the jury to find that defendant was guilty of felony-firearm.

Section 750.227b does not require the jury to convict the defendant of an underlying felony before it may find the defendant guilty of felony-firearm.

People v. Federico · filed 1985-11-05

We conclude that the verdict form was set up so that the jury had to find defendant guilty of one of the underlying felonies before it could determine whether defendant was guilty of felony-firearm. We find that the verdict form was therefore improper.

A felony-firearm conviction may stand when the jury convicts the defendant only of misdemeanor lesser included offenses rather than the charged underlying felonies.

People v. Hooper · filed 1986-06-02

If a conviction for felony-firearm should stand when a defendant is convicted of no underlying crime, then logic dictates that it should also stand when the jury convicts a defendant of lesser included offenses which happen to be misdemeanors.

Section 750.227b permits convictions for both felony-firearm and carrying a concealed weapon when the weapon was possessed during other felonies, although carrying a concealed weapon cannot itself serve as the predicate felony.

People v. Newton · filed 1986-06-17(1)

While ccw may not be used as the predicate felony to support a felony-firearm conviction, ... this does not mean it is impossible to commit both offenses during the same criminal escapade. In this case, the record indicates that defendant was carrying a concealed weapon and that he also possessed that weapon during the commission of four subsequent felonies. ... We conclude, therefore, that defendant’s double-jeopardy interests were not violated.

Section 750.227b makes commission or attempted commission of an underlying felony an element of felony-firearm, but does not require a conviction for that underlying felony.

People v. Lewis · filed 1982-12-23(1)

Although the Legislature no doubt contemplated that a person convicted of felony-firearm would also have been convicted of an underlying felony, it made commission or the attempt to commit a felony and not conviction of a felony an element of felony-firearm. See Part III.

A felony-firearm conviction may stand when the underlying felony conviction is vacated for an unrelated defect in the plea-taking procedure.

People v. Morgan · filed 1983-02-08(1)

Defendant, in general, requests that his conviction for felony-firearm, based on the armed robbery, be reversed. He has presented, and we see, no reason why his felony-firearm conviction should be reversed. That plea was properly taken in accordance with the court rules and there is no logical connection between its validity and the defect in the armed robbery plea.

Section 750.227b requires proof that a defendant carried or possessed a firearm during a felony or attempted felony, and possession must be knowing.

People v. Davis · filed 1983-05-18

To prove felony-firearm, the prosecution must show that the defendant carried or possessed the firearm and that it was carried or possessed during a felony or an attempted felony. ... The possession must be knowing.

Section 750.227b has two elements: the defendant carried or possessed a firearm, and did so during the commission or attempted commission of a felony.

People v. Hunt · filed 1982-11-02

The statute clearly states the two elements of the offense, namely, that defendant carried or possessed a firearm, and that the firearm was carried or possessed during the commission of any felony or attempted felony.

A felony-firearm conviction must be reversed when instructional errors could have influenced the jury's finding that the defendant committed or attempted to commit the predicate felony.

People v. Fordham · filed 1984-02-07

Because the instructional errors could have influenced the jury's finding that defendant committed or attempted to commit a felony, see MCL 750.227b; MSA 28.424(2), we reverse defendant's conviction for felony-firearm as well.

Section 750.227b does not support a felony-firearm conviction when the predicate felony conviction is unsupported by sufficient evidence.

People v. Lewis · filed 1989-07-17

Following a bench trial, defendant was convicted of ... one count of possession of a firearm during the commission of a felony (the possession of cocaine), ... MCL 750.227b; MSA 28.424(2). ... As noted earlier, the felony-firearm conviction is based upon the possession conviction. ... Because we find that the evidence does not support that conviction, we must also reverse the felony-firearm conviction.

Section 750.227b applies when the underlying felony is intentionally discharging a firearm at a dwelling or occupied structure, even though that offense necessarily requires use of a firearm, because section 750.234b is not among the statute’s stated exceptions.

People v. Guiles · filed 1993-04-05(1)

The statute that punishes the intentional discharge of a firearm at a dwelling or occupied structure, MCL 750.234b; MSA 28.431(2), is not one of the exceptions provided in the felony-firearm statute. Therefore, we can only conclude that the Legislature intended that the felony-firearm statute apply to those who commit the act prohibited under MCL 750.234b; MSA 28.431(2).

A felony-firearm conviction must be vacated when its associated armed-robbery conviction is unsupported by evidence that property was taken from the alleged victim.

People v. Courts · filed 1994-05-16

A jury found defendant guilty of one count of first-degree felony murder, MCL 750.316; MSA 28.548, four counts of armed robbery, MCL 750.529; MSA 28.797, one count of conspiracy to commit armed robbery, MCL 750.157a; MSA 28.354(1), and six counts of possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). ... Finally, defendant contends that the convictions with regard to two of the counts of armed robbery and two of the counts of felony-firearm must be set aside because there is no evidence that any property was taken from the Schultzes’ two children. ... Accordingly, we modify the trial court’s judgment by vacating defendant’s convictions and sentences with regard to counts iii, iv, and ix through xii.

Section 750.227b(1) excludes carrying a concealed weapon as an underlying felony for a felony-firearm conviction.

People v. Cortez · filed 1994-07-06(1)

Under MCL 750.227b(l); MSA 28.424(2)(1), a defendant is not guilty of felony-firearm if the underlying felony is the carrying of a concealed weapon.

Section 750.227b does not permit resisting arrest to establish the felony element of felony-firearm because the Penal Code designates resisting arrest as a misdemeanor.

People v. Baker · filed 1994-10-04

Therefore, the trial court erred when it instructed the jury that resisting arrest could establish the felony element of the felony-firearm charge.

Section 750.227b(1) authorizes an additional felony charge and sentence when a person possesses a firearm while committing any felony other than the four felonies expressly excepted by the statute.

People v. Mitchell · filed 1998-04-01(1)

We conclude that the Legislature's intent in drafting the felony-firearm statute was 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.

Discharging a firearm at a dwelling may serve as the underlying felony for a felony-firearm conviction when sufficient evidence supports that predicate offense.

People v. Wilson · filed 1998-09-29

Further, because there was sufficient evidence to find defendant guilty of discharging a firearm at a dwelling or occupied structure, this offense could serve as the underlying felony for the felony-firearm conviction.

Section 750.227b does not permit receiving or concealing a stolen firearm, a possessory offense, to serve as the predicate felony for a felony-firearm charge.

People v. Mitchell · filed 1997-02-25(1)

Because the felony of receiving a stolen firearm — a possession offense — is the underlying offense supporting the felony-firearm offense, defendant cannot be charged with both crimes without violating his right to be free from double jeopardy.

Section 750.227b(1) permits retrial on a felony-firearm charge with the proper predicate felony when the original charge named the wrong predicate felony but the evidence sufficiently supports a different predicate felony.

People v. Watson · filed 2001-06-27(1)

Here, because the prosecutor listed the wrong statute as the predicate offense for defendant’s felony-firearm charge and because there is sufficient evidence to convict defendant of felony-firearm using a different predicate offense, retrial using the applicable predicate offense is permitted. Accordingly, we remand this case for retrial using an appropriate felony-firearm charge.

Section 750.227b permits a felony-firearm conviction when the underlying felony is felon in possession of a firearm under § 750.224f.

People v. Perkins · filed 2004-08-18

In sum, the prosecution proved that defendant possessed a firearm and that he had a prior conviction of larceny from a person, a specified felony as defined by MCL 750.224f(6). In the absence of any evidence defendant's firearm rights had been restored, this evidence was sufficient to support defendant's convictions of felon in possession of a firearm and felony-firearm. MCL 750.224f(2); MCL 750.227b; Petrella, supra .

Section 750.227b permits an additional felony-firearm charge based on felon in possession because that felony is not one of subsection (1)'s four exclusive exceptions.

People v. Dillard · filed 2001-08-08(1)

We conclude that had the Legislature wished to exclude the felon in possession charge as a basis for liability under the felony-firearm statute, the Legislature would 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.

Section 750.227b permits one felony-firearm conviction for each convicted felony, and an accompanying felony-firearm conviction must be vacated when its underlying felony conviction is vacated.

People v. Harding · filed 2006-04-07(1)

It has been settled by this Court that a defendant can be charged, convicted, and sentenced for felony-firearm for each felony committed in a spree of criminal activity. People v Morton, 423 Mich 650; 377 NW2d 798 (1985). The corollary is: If the substantive crime underlying a felony-firearm conviction must be vacated, then that accompanying felony-firearm conviction also must be vacated. A defendant can be convicted for only one charge of felony-firearm for each convicted felony.

Section 750.227b(1) requires a felony-firearm conviction when a jury finds that the defendant constructively possessed a firearm while committing felon-in-possession, which may serve as the predicate felony.

People of Michigan v. Tyrone Wesley Powell · filed 2015-06-25(1)

In People v Calloway, 469 Mich 448, 452; 671 NW2d 733 (2003), our Supreme Court held that felon-in-possession may serve as the predicate felony for felony-firearm. Thus, if the jury found that defendant constructively possessed the firearms recovered in his home, it was required to convict him of felony-firearm. Therefore, defendant’s felony-firearm conviction rests of the jury’s finding that he constructively possessed the firearms and, accordingly, we need not separately address that conviction.

Section 750.227b(1) excludes carrying a concealed weapon under § 750.227 from felonies that may serve as predicates for a felony-firearm conviction.

People of Michigan v. James Roosevelt Harris · filed 2015-10-13(1)

Also, although carrying a concealed weapon without a license is a felony under MCL 750.227(2), it is not a felony that may serve as a predicate for a felony-firearm conviction.

Section 750.227b permits felon in possession of a firearm to serve as the predicate felony for a felony-firearm conviction, and cumulative punishment for both offenses does not violate double jeopardy.

People of Michigan v. Clarence Brown · filed 2015-10-22

Defendant next argues that his convictions and sentences for both felon in possession of a firearm and felony-firearm violate the state and federal constitutional principles against double jeopardy. The Michigan Supreme Court expressly rejected defendant’s argument in People v Calloway, 469 Mich 448, 452; 671 NW2d 733 (2003), holding that cumulative punishments for felon in possession of a firearm and felony-firearm do not violate double jeopardy. A decision of the Supreme Court is binding on this Court. People v Strickland, 293 Mich App 393, 402; 810 NW2d 660 (2011). Thus, we reject defendant’s argument. We similarly reject defendant’s final argument on appeal that insufficient evidence existed to support his felony-firearm conviction because the Legislature did not intend to allow a felon in possession of a firearm charge to act as an underlying felony for purposes of felony-firearm. Contrary to defendant’s claim, in People v Calloway, 469 Mich 448, 167-168; 671 NW2d 733 (2001), this Court has held that “[b]ecause [the] defendant’s felon in possession charge unquestionably does not constitute one of the explicitly enumerated exceptions in the felony-firearm stature, we conclude that the Legislature clearly intended to permit a defendant charged with felon in possession [of a firearm] to be properly charged with an additional felony-firearm count.” Id. This Court is bound by its precedent, MCR 7.215(C)(2), so we reject defendant’s argument accordingly.

Section 750.227b(1)'s felony-firearm charge is derivative of the underlying felony charges.

People of Michigan v. Anton T Blevins · filed 2016-01-12(1)

Consequently, we find that the evidence is sufficient to support defendant’s convictions. ... Defendant’s felony-firearm charge is derivative of the other charges.

Section 750.227b(1) permits a felon-in-possession violation under MCL 750.224f to serve as the predicate felony for a felony-firearm conviction.

People of Michigan v. Maran Christopher Simmons · filed 2015-11-24(1)

Similarly, the felony-firearm ... conviction was properly supported by either the felonious assault conviction or the felon in possession of a firearm conviction, given that a violation of MCL 750.224f may itself serve as the underlying predicate felony for a felony-firearm conviction. MCL 750.227b; People v Calloway, 469 Mich 448, 452; 671 NW2d 733 (2003). Therefore, viewed in the light most favorable to the prosecution, there was sufficient evidence presented to support a rational trier of fact’s conclusion that defendant was guilty beyond a reasonable doubt of all three counts.

Section 750.227b(1) requires possession of a firearm during the commission or attempted commission of a felony other than the four felonies excluded by the statute, and felon in possession may serve as the predicate felony.

People of Michigan v. McIntosh · filed 2016-08-23(1)

The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony other than the four excluded felonies identified in the statute. ... She possessed the firearm during her commission of the felon in possession offense. ... Felon in possession may serve as the predicate felony for a felony-firearm conviction.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony, and a felony-firearm conviction premised on felon-in-possession stands when the evidence sufficiently proves that predicate offense.

People of Michigan v. Jones · filed 2016-10-18

While defendant also challenges his felony-firearm conviction, it is not necessary to substantively address that conviction because its elements are entirely dependent upon defendant’s felon-in-possession conviction. See MCL 750.227b; see also People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999) (“The elements of felony-firearm are that the defendant possession a firearm during the commission of, or the attempt to commit, a felony.”). ... That is, if there was sufficient evidence to support defendant’s felon-in-possession conviction, there was also sufficient evidence to support his felony-firearm conviction as a matter of law.

Section 750.227b(1) requires proof that the defendant committed or attempted a felony while possessing a firearm and had a prior felony-firearm conviction; conviction of the predicate felony is unnecessary, but the predicate felony must have been committed.

People of Michigan v. Bud Bryant · filed 2017-02-02(1)

The crime of felony-firearm 2d has three elements: the defendant (1) attempted to commit a felony or committed a felony (2) while he had a firearm in his possession and (3) had a separate felony-firearm conviction. MCL 750.227b(1). The defendant need not be convicted of the predicate felony to sustain a felony-firearm conviction, but the predicate felony “must have been committed.”

A felony-firearm sentence must be served before and consecutively to the sentence for its specific predicate felony, not to sentences for other convictions.

People of Michigan v. Broome · filed 2017-02-02(3)

From the plain language of the felony-firearm statute, it is evident that the Legislature intended that a felony-firearm sentence be consecutive only to the sentence for a specific underlying felony. Subsection 2 [now 3] clearly states that the felony-firearm sentence “shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.” It is evident that the emphasized language refers back to the predicate offense discussed in subsection 1, i.e., the offense during which the defendant possessed a firearm. No language in the statute permits consecutive sentencing with convictions other than the predicate offense.

A felony-firearm sentence may run consecutively only to the sentence for the predicate felony, not to sentences imposed for other convictions.

People of Michigan v. Witherspoon · filed 2017-05-11(2)

Lastly, defendant argues that the judgment of sentence must be corrected to reflect that only defendant’s sentence for the murder conviction is to be served consecutive to his sentence for the possession conviction. The prosecution concedes the same, and we agree. See People v Clark, 463 Mich 459, 463-465; 619 NW2d 538 (2000). Accordingly, a remand to the trial court for the limited purpose of correcting the judgment of sentence in that regard is appropriate.

A felony-firearm sentence must run consecutively to a term of imprisonment for the predicate felony, but it runs concurrently with a term of probation.

People of Michigan v. St Clair · filed 2017-06-27(2)

The Court focused and relied on the language in MCL 750.227b which indicates that a felony-firearm sentence is to be served consecutively with and before a sentence “of imprisonment” for the predicate felony. Id. at 683. The panel remanded the case for the “ministerial task of correcting the judgment of sentence to reflect that defendant's sentences of two years' imprisonment for the felony-firearm conviction and five years' probation for the felonious assault are to run concurrently.” Id. at 685. Accordingly, we likewise remand our case for the ministerial task of correcting the judgment of sentence so as to reflect that all of defendant’s sentences – probation and incarceration – are to run concurrently.

A felony-firearm sentence runs consecutively only to the sentence for its predicate felony; carrying a concealed weapon cannot serve as that predicate, and another felony not identified as a predicate in the charging information does not support consecutive sentencing.

People of Michigan v. Thomas-Dawson · filed 2017-08-03(1), (3)

Defendant argues, and the prosecutor agrees, that the felony-firearm sentence should be consecutive only to the armed robbery sentence. Specifically, the felony-firearm statute precludes CCW as a predicate felony and the prosecutor did not list defendant’s assault charge as a predicate felony in the information. As such, we remand to the trial court to amend the judgment of sentence to reflect that defendant’s felony-firearm sentence is consecutive to the armed robbery sentence alone.

Section 750.227b permits felon-in-possession to serve as the predicate felony for a felony-firearm conviction.

People of Michigan v. Antjuan Edward Crump · filed 2017-12-14(1)

Felon-in-possession may serve as the predicate felony for a felony-firearm conviction. See MCL 750.227b; People v Calloway, 469 Mich 448, 452; 671 NW2d 733 (2003).

Section 750.227b(1) permits felon-in-possession to serve as the predicate felony for a felony-firearm charge.

People of Michigan v. Antjuan Edward Crump · filed 2017-12-14(1)

We further note that, although defendant argues that the trial court’s response “suggests that the two weapons charges should be considered in relation to the first-degree murder charge,” this mischaracterizes the trial court’s instruction. The trial court explained that, “as it relates to count four,” either the murder charge or the felon-in-possession charge could serve as the predicate felony for purposes of the felony-firearm charge. The trial court’s instruction accurately relayed the applicable law. See MCL 750.227b; Calloway, 469 Mich at 452.

A felony-firearm conviction tied to a second-degree murder conviction must be reversed when that predicate conviction is reversed, but felony-firearm may accompany an involuntary manslaughter conviction entered instead.

People of Michigan v. Patrick Alan Sourander · filed 2018-01-25(1)

Mendoza is binding upon us and we have no choice but to reverse the conviction for second-degree murder and the felony-firearm conviction tied to that predicate offense. ... Given that involuntary manslaughter was necessarily included and merely involved a lesser degree of mens rea than second-degree murder, Smith, 478 Mich at 74, the prosecutor may choose to have the court enter convictions for involuntary manslaughter and felony-firearm or may instead choose to retry defendant on Counts 1 and 3.

Section 750.227b(1) permits assault with intent to do great bodily harm less than murder to serve as the underlying felony for felony-firearm because it is not one of the specifically excluded felonies.

People of Michigan v. Santonyo Antoine Brown · filed 2018-01-04(1)

By extension, there is sufficient evidence to allow a trier of fact to conclude the elements of felony-firearm are met because assault with intent to do great bodily harm less than murder may serve as an underlying felony for felony-firearm and defendant committed the assault by shooting Cobb. MCL 750.227b(1) (assault with intent to commit great bodily harm is not one of the four specifically listed felonies that may not serve as an underlying felony for felony-firearm); People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999) (stating “[t]he elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.”).

Felon-in-possession may serve as the predicate felony for a felony-firearm conviction.

People of Michigan v. Tramanuel Durham · filed 2018-01-25

The prosecutor’s statement that the jury could convict defendant of felony-firearm if it found defendant guilty of felon-in-possession was not an impermissible statement. Rather, well-established case law provides that felon-in-possession may constitute the underlying felony for felony-firearm.

Section 750.227b(1) treats an offense punishable by imprisonment in state prison as a predicate felony even if another code labels that offense a misdemeanor.

People of Michigan v. Washington · filed 2018-06-12(1)

Whether a person is guilty of felony-firearm under the Penal Code depends on whether that person committed or attempted to commit a “felony” when he or she was carrying or possessing a firearm. The Legislature clearly intended that an offense punishable by imprisonment in a state prison is a “felony” for purposes of the Penal Code. Because the offense of keeping or maintaining a drug house in the Public Health Code is punishable by imprisonment in a state prison, it must be treated as a felony for purposes of the Penal Code, and, therefore, it may serve as the predicate felony for a felony-firearm conviction.

Section 750.227b requires a predicate felony, so an acquittal on the only possible predicate felony eliminates the basis for a felony-firearm conviction.

People of Michigan v. Kupinski · filed 2018-06-28

Consequently, there is a reasonable probability that, had the jury been properly instructed on self-defense and defense of others as they relate to felon in possession of a firearm, it might have acquitted defendant of felon in possession of a firearm, eliminating the only possible predicate felony for felony-firearm.

Section 750.227b(1) requires the defendant to carry or possess a firearm while committing or attempting to commit a predicate felony, so a felony-firearm conviction cannot stand when a necessary element of the alleged predicate felony is negated.

People of Michigan v. Parkmallory · filed 2019-05-16(1)

And it also negates a necessary element for felony-firearm, which is reliant on the conviction for felon-in-possession as a predicate felony before a defendant can be convicted of felony-firearm. See MCL 750.227b(1) (requiring a defendant to carry or possess a firearm when he commits or attempts to commit a felony).

A felony-firearm conviction must be vacated when the conviction for its underlying substantive felony is vacated.

People of Michigan v. Vansickle · filed 2019-11-26

Because defendant’s conviction of going armed with a dangerous weapon with unlawful intent must be vacated, defendant’s attendant felony-firearm conviction must also be vacated. See People v Harding, 443 Mich 693, 716-717; 506 NW2d 482 (1993), abrogated in part by People v Ream, 481 Mich 223 (2008) (“If the substantive crime underlying a felony-firearm conviction must be vacated, then that accompanying felony-firearm conviction also must be vacated.”).

Section 750.227b requires proof that the defendant committed the predicate felony, but does not require a conviction of that predicate felony, and the jury must consider the offenses separately.

People of Michigan v. Johnson · filed 2019-12-19

To prove this charge the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the defendant committed the crime of possession of a firearm by a felon, which has been defined for you. It’s not necessary, however, that the defendant be convicted of that crime. ... The instructions were correct as given and any objection would have been futile. See Snider, 239 Mich App at 517. The court read the standard instruction applicable to felony-firearm, advised the jury that it was required to consider each offense separately, and informed the jury that it could acquit or convict defendant of the charges in any combination.

A felony-firearm count tied to a particular underlying felony cannot be submitted to the jury as though a different charged felony could also serve as its predicate.

People of Michigan v. Masters III · filed 2020-05-14(1)

As defendant correctly points out, the italicized portion of the above jury instructions was clearly inaccurate because the prosecution charged Count 4 only in connection with AWIGBH, while the felony-firearm charge in Count 6 was predicated on the three felonious assault charges ... in Counts 2, 3, and 5.

Section 750.227b(1) does not require a conviction for the underlying felony, but it does require the defendant to commit or attempt that felony while carrying or possessing a firearm.

People of Michigan v. Ellison · filed 2021-04-29(1)

The law permits this result because MCL 750.227b(1) does not require that a defendant be convicted of the underlying felony; it only requires that he commit or attempt to commit the underlying felony.

Section 750.227b(1) applies when a person possesses or carries a firearm while attempting OWI, third offense, because the completed OWI offense is a felony; the attempt need not itself be a separate felony.

People of Michigan v. Reid · filed 2021-05-27(1)

To the extent defendant argues that the trial court could not instruct the jury that the attempt to commit OWI, third offense, was sufficient to convict him of felony-firearm because attempted OWI, third offense, is not a felony, the argument is without merit. Felony-firearm only requires that a person attempt to commit a felony. As stated earlier, OWI, third offense, is a felony. It is irrelevant whether an attempt to commit OWI, third offense, is a separate felony from OWI, third offense. Thus, it was not an error for the trial court to instruct the jury that an attempt to commit OWI, third offense, was sufficient to satisfy a felony-firearm conviction.

Section 750.227b(1) requires vacatur of a felony-firearm conviction when its predicate felony conviction is vacated as a lesser included offense of another conviction.

People of Michigan v. Moore · filed 2022-10-27(1)

Therefore, defendant’s AWIRWA conviction must be vacated. Id. Additionally, because one of defendant’s felony-firearm convictions has as its predicate offense the conviction of AWIRWA, we vacate that felony-firearm conviction as well.

Section 750.227b does not support a felony-firearm bindover when the charge on which it is predicated has been quashed.

People of Michigan v. Kejbou · filed 2023-10-05

In this interlocutory action, the prosecution appeals by leave granted 1 an order quashing a charge of manufacturing 200 or more marijuana plants, MCL 333.7401(2)(d)(i), and a charge of possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b, which was predicated on the manufacturing-marijuana charge. We affirm. ... Consequently, the circuit court properly quashed the manufacturing-marijuana bindover, along with the attendant felony-firearm bindover.

A felony-firearm conviction may stand even when the jury acquits the defendant of the predicate felony.

People of Michigan v. Adelanwa · filed 2024-10-07

Because, as defendant acknowledges, this Court lacks the authority to overrule decisions of our Supreme Court, we affirm. In Lewis, the Michigan Supreme Court held that a jury may find a defendant guilty of felony-firearm without convicting the defendant of the predicate felony, stating to rule otherwise would be inconsistent with “the legislative purpose in enacting the felony-firearm statute . . . .” Id. at 454.

Section 750.227b(1) permits a felony-firearm conviction predicated on felon-in-possession, with separate punishments for both offenses.

20250117_C366998_42_366998.Opn.Pdf · filed 2025-01-17(1)

This Court noted that felon-in-possession was not among the specific exceptions to the felonies upon which felony-firearm might be predicated, and therefore that “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. ... It would be improper for us to look beyond the plain language of the four exceptions specified in MCL 750.227b(1), especially in light of binding precedent. ... Because the Supreme Court in Mitchell and Calloway, and this Court in Dillard, have rejected this double-jeopardy challenge, we also reject the same challenge raised by McClain.

A felony-firearm conviction may stand even when the jury acquits the defendant of the predicate felony.

People of Michigan v. Whitley · filed 2025-04-16

At the outset, defendant argues that the two felony-firearm convictions with AWIM as the predicate offense should be vacated because the jury acquitted him of both AWIM counts. This argument is without merit. It is well established that a jury is at liberty to render illogical or inconsistent verdicts, and can acquit a defendant of the predicate offense while still finding him guilty of felony-firearm.

Section 750.227b requires a felony predicate, so misdemeanor assault and battery cannot support a felony-firearm conviction.

People of Michigan v. Garcia · filed 2025-12-09(1)

Assault and battery is a misdemeanor (exception in situations not applicable here), so it could not serve as the predicate for a second felony-firearm conviction.

Section 750.227b(1)'s felony requirement supports a felony-firearm conviction when the underlying felonious assault conviction stands.

People of Michigan v. Tilley · filed 2025-12-17(1)

Defendant also cursorily suggests that his felony-firearm conviction should be vacated because the felony requirement was premised on the underlying felonious assault conviction, which should be vacated. See People v Harding, 443 Mich 693; 506 NW2d 482 (1993) (“If the substantive crime underlying a felony-firearm conviction must be vacated, then that accompanying felony- firearm conviction also must be vacated.”). Given our rejection of defendant’s challenge to his underlying felonious assault conviction, this argument fails.

A felony conviction for possession with intent to deliver marijuana under MCL 333.7401(2)(d)(iii) can serve as the predicate for a felony-firearm conviction.

People of Michigan v. Edwards · filed 2025-12-18

Edwards is not entitled to relief regarding his intent-to-deliver conviction or his felony- firearm conviction, as the marijuana offense properly serves as the predicate felony for the latter under the Public Health Code.

Section 750.227b requires a felony predicate; misdemeanor assault and battery cannot support a felony-firearm conviction.

People of Michigan v. Garcia · filed 2026-01-27(1)

Assault and battery is a misdemeanor (exception in situations not applicable here), so it could not serve as the predicate for a second felony-firearm conviction.

Section 750.227b(1) requires firearm possession during a felony or attempted felony; felony-firearm adjudications based on assault with intent to commit murder stand when sufficient evidence supports the underlying assault adjudications.

In Re Karon Childress · filed 2026-05-11(1)

To establish felony-firearm, the petitioner must prove “that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” People v Arvant, 235 Mich App 499, 505; 597 NW2d 864 (1999). Respondent does not challenge any specific element of felony-firearm; instead, he argues only that those adjudications fail if the AWIM adjudications fail. Because the evidence sufficiently supports the AWIM adjudications, this argument lacks merit.

A felony-firearm conviction must be vacated when its underlying felony conviction is vacated because the jury may have relied on an invalid theory of that felony.

People of Michigan v. Morrison · filed 2026-06-09

And because that offense was the underlying felony for the gang-membership felonies and felony-firearm convictions, we vacate those convictions as well.

Section 750.227b requires possession of a firearm during the commission or attempted commission of a felony; sufficient evidence of the predicate felony can support a conviction even if the jury acquits on that charge.

People of Michigan v. Jasper · filed 2017-06-22

Therefore, defendant’s contention that the jury “could not possibly have inferred” that defendant committed felonious assault is unavailing, because sufficient evidence existed for the jury to conclude that defendant intended to attempt or commit a felonious assault while possessing a firearm.

A felony-firearm conviction requires proof that the defendant committed or attempted a felony, but does not require a conviction of that felony.

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

This instruction was not erroneous. In People v Lewis, 415 Mich 443, 454-455; 330 NW2d 16 (1982), our Supreme Court held that “[w]hile the felony-firearm statute makes commission or the attempt to commit a felony an element of the offense of felony-firearm, it does not make conviction of a felony or of an attempt to commit a felony an element of the offense.”

Section 750.227b requires possession of a firearm while committing or attempting a felony, but does not require a conviction of the predicate felony.

People of Michigan v. Jasper · filed 2017-06-22

The Michigan Supreme Court has held that “[w]hile the felony-firearm statute makes commission or the attempt to commit a felony an element of the offense of felony-firearm, it does not make conviction of a felony or of an attempt to commit a felony an element of the offense.” People v Lewis, 415 Mich 443, 454-455; 330 NW2d 16 (1982). ... Thus, the jury could have found that defendant committed or attempted to commit a felonious assault against Reece, and therefore, that defendant should be convicted of felony-firearm because he possessed a firearm when he committed the felonious assault.

A felony-firearm conviction requires a finding that the defendant committed or attempted to commit a felony, but does not require a conviction for that felony.

Patterson v. MDOC, Warden Caruso · filed 2007-03-12

Thus, Patterson misconstrues Michigan law when he argues that he could not be convicted of felony-firearm where he was acquitted of the underlying felony.

Section 750.227b(1) permits an additional felony-firearm conviction and sentence when the underlying felony is felon in possession of a firearm.

People of Michigan v. Bridgeman · filed 2016-07-26(1)

The Court concluded that a felon in possession of a firearm 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. ... We affirm defendant’s convictions, but remand for resentencing based on the correction of scoring OV 8 and for proceedings consistent with Lockridge.

Section 750.227b supports a felony-firearm conviction based on felon in possession when sufficient evidence shows the defendant possessed a firearm.

People of Michigan v. Swanigan · filed 2017-04-11

As sufficient evidence supported defendant’s felon-in-possession conviction, his felony-firearm conviction was also supportable. Defendant was prohibited from possessing a firearm, and there is sufficient evidence that he possessed a firearm.

Section 750.227b(1) permits a felony-firearm conviction alongside a felon-in-possession conviction because felon-in-possession is not one of its listed exceptions.

People of Michigan v. Jackson · filed 2022-08-18(1)

Under the felony-firearm statute, MCL 750.227b(1), it is a felony to carry or possess a firearm when committing or attempting to commit any felony other than the unlawful sale of a firearm, MCL 750.223, carrying a concealed weapon, MCL 750.227, unlawful possession of a pistol by a licensee, MCL 750.227a, and alteration or removal of identifying marks from a firearm, MCL 750.230. ... Consequently, we reject this claim of error.

MCL 750.227b permits felony-firearm liability under an aiding-and-abetting theory even when the defendant was unarmed during commission of the predicate felony.

People of Michigan v. Kennedy · filed 2019-11-26

Therefore, anyone who “procures, counsels, aids, or abets” in the commission of a criminal offense may be prosecuted as if he or she committed the offense directly. MCL 767.39. On the record before us, we conclude that a rational trier of fact could conclude beyond a reasonable doubt that defendant aided and abetted in the commission of armed robbery and felony-firearm. Defendant admitted as much in his testimony and his closing argument, and several witnesses testified as to his role. See People v Smielewski, 235 Mich App 196, 207; 596 NW2d 636 (1999). ... Defendant’s only argument is that defendant was unarmed during the commission of the robbery. Under the aiding-and-abetting theory pursued by the prosecution and accepted by the jury, that fact was irrelevant.