Mich. Comp. Laws § 750.227b

Section 750.227b(1) is satisfied when testimony establishes that the defendant used a firearm while committing felonious assault.

People of Michigan v. Williams · filed 2026-03-16(1)

This testimony, if believed, provided a sufficient basis for the jury to find beyond a reasonable doubt that defendant committed an unlawful act that placed Stewart in reasonable apprehension of an immediate battery, that she did so intentionally, and that she used a firearm to do so. This evidence was thus sufficient to support defendant’s convictions of felonious assault under MCL 750.82(1) and felony-firearm under MCL 750.227b(1).

Felony-firearm requires possession of a firearm during a felony or attempted felony; possession can be actual or constructive and proved by circumstantial evidence.

People of Michigan v. Sanford · filed 2026-03-16

“The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” ... “Possession may be actual or constructive and may be proved by circumstantial evidence.” ... There was also testimony that the gun was recovered from the center console, which was in defendant’s proximity and reach of the driver’s seat. Although defendant was consistent in his denial of knowing about the gun, it was the jury’s role to determine whether defendant’s testimony was credible.

Section 750.227b(1) permits firearm possession during an underlying felony to be proved through direct and circumstantial evidence, including testimony placing a gun on the defendant and evidence excluding other guns as the source of a bullet.

People of Michigan v. Williams Jr · filed 2026-04-14(1)

Evans testified that he saw the handle of a gun sticking out of defendant’s pocket during the home-invasion. Little also testified that he had seen defendant with a gun before the break-in. Further, there was testimony indicating that neither the victim’s shotgun nor Little’s handgun could have fired the bullet that was found in the bedroom where the victim was shot. Therefore, the jury could have reasonably inferred that there was a third gun and that defendant possessed that third gun. Accordingly, there was both direct and circumstantial evidence that defendant had a gun during the home invasion and when he shot the victim.

Section 750.227b supports a felony-firearm conviction when the evidence permits a reasonable jury to find that the defendant possessed a firearm while committing a felony.

People of Michigan v. Snell · filed 2026-05-11

The evidence presented supported an inference that defendant planned to rob Atwood at gunpoint and then carried out that plan, shooting Atwood in the Trans Am before concealing his body and abandoning the vehicle. ... There was sufficient evidence from which a reasonable trier of fact could find that defendant robbed and killed Atwood and possessed a firearm during the commission of that felony.

A victim’s testimony that the defendant possessed and threatened him with a firearm while committing felonies can support a felony-firearm conviction.

People of Michigan v. Wanshon · filed 2014-12-16

The victim testified that defendant possessed, and threatened him with, a firearm while committing the felonies of first-degree home invasion and armed robbery. The police recovered a bullet casing in the victim’s backyard. There was sufficient evidence to support defendant’s felony-firearm conviction.

Section 750.227b(1) requires possession of a firearm during the commission or attempted commission of a felony, and testimony that the defendant used a gun during an assault can support a conviction.

People of Michigan v. Foster Junior Patton · filed 2019-09-26(1)

Finally, “[t]he elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony.” Id. ... Viewing the evidence in a light most favorable to the prosecution, a reasonable juror could conclude that defendant was guilty of first-degree home invasion, felonious assault, and felony-firearm considering McCaleb’s testimony and the recording of the 911 call.

Circumstantial evidence identifying the defendant as the shooter can support a felony-firearm conviction.

People of Michigan v. Greer · filed 2015-12-08

However, viewed in the light most favorable to the prosecution, this evidence is sufficient to convict defendant of second-degree murder and felony-firearm.

Section 750.227b(1) requires possession of a firearm, which may be proved beyond a reasonable doubt through circumstantial evidence and reasonable inferences.

People of Michigan v. Amison · filed 2019-02-21(1)

Possession of a firearm is a common element of each of the crimes of which defendant was convicted: felon-in-possession, carrying a pistol in a vehicle, and felony-firearm. ... Therefore, if the evidence is insufficient as to the possession element, none of defendant’s convictions can stand, but if the possession element was met then each conviction is valid. ... Simply put, the evidence, while circumstantial, was sufficient to allow a fact-finder to find beyond any reasonable doubt who threw the gun that night—it was defendant, who was seated in the passenger seat of the speeding vehicle.

Felony-firearm requires proof that the defendant possessed a firearm.

People of Michigan v. Jones · filed 2019-03-28

Felony-firearm and felon-in-possession require a showing that the defendant possessed firearm.

Section 750.227b's possession requirement may be satisfied by circumstantial evidence supporting a reasonable inference that the defendant actually possessed the firearm.

People of Michigan v. Jackson Jr · filed 2021-01-28

A jury convicted defendant, Randy Iseal Jackson Jr., of carrying a concealed weapon (CCW), MCL 750.227, one count of felon in possession of a firearm (felon-in-possession), MCL 750.224f, and two counts of possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. ... As a result of these questions, defendant contends that the evidence was insufficient to support a conviction on any count charged against him. We disagree. ... Thus, taken together, sufficient circumstantial evidence existed from which a jury could reasonably infer that defendant actually possessed the handgun before and at the time Troopers Miller and Kemerer pulled over the vehicle in which he was a passenger.

Evidence that a gun was found under the defendant’s foot as he tried to hide it supported the possession element of felony-firearm under § 750.227b.

20241115_C367055_58_367055.Opn.Pdf · filed 2024-11-15

The elements of a felony-firearm are that the (1) defendant carried or possessed a firearm, (2) during the commission, or attempted commission, of a felony. ... The court found Officer McDonald’s testimony that he found the gun under defendant’s foot credible evidence that defendant was in possession of the gun and was trying to hide it.

Section 750.227b requires proof that the defendant possessed the firearm, and constructive possession can satisfy that requirement.

People of Michigan v. Eason Jr · filed 2026-02-18

The possession of a firearm is an essential element of felony-firearm, People v Burgenmeyer, 461 Mich 431, 438; 606 NW2d 645 (2000), felon in possession of a firearm, People v Bass, 317 Mich App 241, 268; 893 NW2d 140 (2016), and carrying a pistol in a vehicle without a concealed pistol license, MCL 750.227(2). Therefore, the prosecution was required to prove that Eason possessed the firearm in order to convict him of the four firearm- related offenses. ... Possession may be actual or constructive. Burgenmeyer, 461 Mich at 438. ... Accordingly, the evidence was sufficient for the jury to find that Eason constructively possessed the firearm.

Possession for a felony-firearm conviction may be joint; exclusive control of the gun is unnecessary.

People v. Strickland · filed 2011-07-28

Possession of a firearm may be sole or joint; thus dominion or control over the object need not be exclusive.

Section 750.227b(1) has three elements—carrying or possessing a firearm, at the time of committing or attempting another felony—and is divisible according to the specific underlying felony, which the prosecution must prove as an element.

Hernandez v. Barr · filed 2019-03-05(1)

There are three elements to this crime: (1) carrying or possessing a firearm (2) at the time of (3) the commission or attempted commission of another felony. ... The blank spaces indicate that the prosecution is required to prove that a defendant committed a specific underlying felony to obtain a felony-firearm conviction. That makes commission of the underlying felony an element. ... Because the felony-firearm statute is divisible, we employ the “modified categorical approach” to determine the elements of conviction.

Subsection (2) requires a felony-firearm sentence to run consecutively to and before the sentence for the underlying felony.

People v. Randle · filed 1984-02-24(2)

Unlike MCL 750.227b(2); MSA 28.424(2)(2), which specifically directs that the felony-firearm sentence will be consecutive with and preceding the sentence for the underlying felony, MCL 768.7b; MSA 28.1030(2) merely directs that the sentencing judge may, in his discretion, make two sentences run consecutively in some instances.

Section 750.227b(3) requires a felony-firearm sentence predicated on felon-in-possession to be served consecutively to and before the felon-in-possession sentence.

People of Michigan v. Jackson Jr · filed 2020-03-12(3)

Defendant’s conviction of felony-firearm was predicated on being in possession of a firearm while ineligible to do so under MCL 750.224f. As such, the trial court was required to order him to serve his sentence for felony-firearm consecutive to and preceding his sentence for being a felon-in-possession, see MCL 750.227b(3), which it did.

Section 750.227b(1) does not permit a felony-firearm sentence to run consecutively to a sentence for carrying a concealed weapon.

People of Michigan v. Johnson · filed 2019-11-26(1)

But we remand to the trial court for the ministerial function of amending the judgment of sentence to accurately reflect that defendant’s convictions for carrying a concealed weapon are to be served concurrently to his felony-firearm sentence.

Section 750.227b(3) requires a felony-firearm sentence to run consecutively only to the sentence for the single predicate felony, not to sentences for multiple felonies or a nonpredicate felony.

People of Michigan v. Roberts · filed 2019-03-21(3)

The statute at issue here refers to a singular predicate felony for a felony-firearm conviction. MCL 750.227b(3) provides that a felony-firearm sentence shall be served consecutive with the sentence imposed for “the [underlying] felony or attempt to commit the felony.” (Emphasis added.) “ ‘[T]he’ is a definite article.” Robinson v Detroit, 462 Mich 439, 462; 613 NW2d 307 (2000). When followed by a singular noun, “the” contemplates one subject. See id. (“[R]ecognizing that ‘the’ is a definite article, and ‘cause’ is a singular noun, it is clear that the phrase ‘the proximate cause’ contemplates one cause.”). A felony-firearm sentence must therefore be served consecutive with the sentence for the one predicate felony.

Section 750.227b(3) requires felony-firearm sentences to run concurrently with each other but consecutively to and before the sentences for their predicate felonies.

People of Michigan v. Howell · filed 2019-06-11(3)

The judgment should be amended to provide that defendant’s felony-firearm sentences run concurrent to each other, but consecutive to the sentences for their predicate felonies—including the CSC-I and AWIM convictions. Moreover, as defendant points out, the judgment should reflect that the felony-firearm sentences precede the sentences for the predicate felonies.

Section 750.227b(3) requires a felony-firearm sentence to run consecutively only to the sentence for the single predicate felony and concurrently with sentences for other felonies.

People of Michigan v. Smith · filed 2019-11-19(3)

Applying Coleman to this case, it is apparent that the trial court erred by making Smith’s felony-firearm sentence consecutive to all his other sentences (excluding assault and battery). Here, regarding the felony-firearm charge, the information stated: Smith “did carry or have in his/her possession a firearm, to-wit: GUN, at the time he/she committed or attempted to commit a felony to-wit: [AWIM] OR [AWIGBH] OR FELONIOUS ASSAULT OR FELON[-]IN[-]POSSESSION; contrary to MCL 750.227b.” The jury convicted Smith of the predicate offenses of AWIGBH, felonious assault, and felon-in-possession, but he was only convicted of one count of felony-firearm. Based on the record, it is unclear as to which underlying felony the felony-firearm sentence was linked. However, unlike the convictions of felonious assault and felon-in-possession, the jury was not required to find that Smith possessed or used a firearm to commit AWIGBH. Accordingly, it is plain that AWIGBH cannot be the underlying predicate offense. Therefore, we remand to the trial court so it may determine which felony—felonious assault or felon-in-possession—was the predicate offense for the felony-firearm conviction and to amend the judgment of sentence so that Smith’s sentence for felony-firearm is consecutive to the sentence for the predicate offense only, and concurrent to the remaining felonies.

Section 750.227b requires a mandatory two-year prison sentence for felony-firearm to be served consecutively to the sentence for the underlying felony.

Longmire v. McCullick · filed 2019-12-27

The sentence for felony-firearm in Michigan is a mandatory two-year prison sentence that must be served consecutively to any underlying felony. See M.C.L.A. 750.227b. The two-year consecutive sentence for the felony-firearm conviction was valid.

A felony-firearm sentence under § 750.227b(1) runs consecutively only to the sentence for the specific felony used as its predicate.

People of Michigan v. Morgan · filed 2020-01-21(1)

“[T]he Legislature intended that a felony-firearm sentence be consecutive only to the sentence for a specific underlying felony.” ... In this case, the trial court instructed the jury on felony-firearm with felon in possession as the predicate felony. The trial court therefore erred by ordering the felony-firearm sentence to be served consecutive to Morgan’s sentences for possession with intent to deliver 50 or more but less than 450 grams of heroin and resisting or obstructing a police officer.

Section 750.227b(3) requires a felony-firearm sentence to run consecutively to the sentence for one predicate felony, not to sentences for other convictions or multiple predicate felonies when only one felony-firearm count was charged.

People of Michigan v. Odum · filed 2020-03-10(3)

Under MCL 750.227b(3), a sentence for felony-firearm “shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.” ... “No language in the statute permits consecutive sentencing with convictions other than the predicate offense.” ... We recently held that the plain language of MCL 750.227b(3) requires that “[a] felony-firearm sentence must [] be served consecutive with the sentence for the one predicate felony.” ... Under Coleman, which is binding and dispositive of this issue, because only one count of felony-firearm was charged, Odum can only be ordered to serve his sentence for that conviction consecutive to one of the charged underlying felonies of which he was convicted.

A felony-firearm sentence may run consecutively with only one predicate-felony sentence, and only if the finder of fact explicitly found that the defendant committed that felony with a firearm.

People of Michigan v. Smith · filed 2020-07-21(2)

In the instant case, we agree with the Court of Appeals that the felony-firearm sentence cannot be consecutive with the two AWIGBH sentences because, although AWIGBH was listed in the information as a predicate felony for felony-firearm, the jury did not explicitly find that defendant possessed a firearm during the commission of the AWIGBH offenses. ... Furthermore, we agree with the Court of Appeals that the felony-firearm sentence here may be imposed consecutively with only one other felony sentence. ... In any event, we reiterate that when the finder of fact does not explicitly find that the defendant committed a particular predicate felony with a firearm, the felony-firearm sentence cannot be consecutive with the sentence for that predicate felony.

Section 750.227b(3) requires a felony-firearm sentence to run consecutively only to the sentence for its specific predicate felony, not to sentences for every other conviction.

People of Michigan v. Tarrant · filed 2020-12-10(3)

MCL 750.227b(3) requires that a defendant serve a sentence for felony-firearm consecutive to the sentence for the predicate felony. When a defendant is convicted of multiple felonies, however, a court is not permitted to order a felony-firearm sentence to be served consecutive to all sentences for other convictions. Rather, “[f]rom 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.”

A felony-firearm sentence may run consecutively only to the sentence for its own predicate felony; it may not run consecutively to a sentence for carrying a concealed weapon, which cannot serve as a felony-firearm predicate.

People of Michigan v. Moore · filed 2021-05-27(3)

Pursuant to MCL 750.227b(3), a felony-firearm conviction may be consecutive 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.” Therefore, a felony-firearm sentence may only be consecutive to its own predicate offense. ... Moreover, CCW is one of the enumerated offenses excluded from being a predicate offense for felony-firearm. MCL 750.227b. The trial court therefore erred in making defendant’s CCW and felony-firearm sentences consecutive.

Section 750.227b does not permit a felony-firearm conviction based on carrying a concealed weapon, and a felony-firearm sentence may run consecutively only to a qualifying predicate felony, not to a concealed-weapon sentence.

People of Michigan v. Cashmere Antoine Simmons · filed 2016-02-18(1), (3)

This Court has held that “a defendant is not guilty of felony[-]firearm if the underlying felony is the carrying of a concealed weapon.” People v Cortez, 206 Mich App 204, 207; 520 NW2d 693 (1994). Furthermore, “[a]lthough the presence of a second underlying felony allows defendant’s felony-firearm conviction to stand, it follows that the felony-firearm sentence may run consecutively only to that second underlying felony.” Id. (citation omitted). ... The trial court erred in ordering defendant’s felony-firearm sentence to run consecutively to the remaining sentences, which include the sentence for defendant’s CCW conviction. In fact, defendant cannot be guilty of felony-firearm on the basis of an underlying CCW conviction. See Cortez, 206 Mich App at 207. However, the felony-firearm conviction still stands because the other convictions may serve as the proper predicate offense for the felony-firearm conviction. See id. Yet, the CCW sentence must run concurrently to the felony-firearm sentence. See id.

Section 750.227b(3) requires each felony-firearm sentence to run consecutively to the sentence for its respective predicate felony.

People of Michigan v. Johnson · filed 2022-11-22(3)

In this case, the judgment of sentence originally provided that Counts 2, 4, 6, 8, and 10—the felony-firearm counts—would be “concurrent to each other but consecutive to Ct. 3.” It also originally provided that the sentence for discharging a firearm in a dwelling was subject to a maximum term of five years in prison. Both of these sentence aspects were invalid. With regard to the felony-firearm sentences, each felony-firearm sentence should have been consecutive with its respective predicate felony.

A felony-firearm sentence runs consecutively only to the sentence for its predicate felony and concurrently with sentences for other convictions.

People of Michigan v. Brown-Ragland · filed 2024-07-25

Because defendant’s felony-firearm conviction was predicated only on his felon-in-possession conviction, the judgment of sentence and the order of conviction and sentence must be amended to reflect that defendant’s felony-firearm sentence is to be served consecutive only to his felon-in- possession sentence and concurrent with his convictions for second-degree murder and fourth- degree arson.

A felony-firearm sentence runs consecutively to the sentence for its predicate felony and concurrently with sentences for offenses that were not predicates.

People of Michigan v. Ebony Jewel Mahone · filed 2024-08-29(2)

Because defendant’s felony-firearm conviction was predicated only on her felon-in-possession conviction, defendant’s felony-firearm sentence is still to be served concurrently with her convictions of PWID and keeping or maintaining a drug house in Docket No. 360642.

Section 750.227b(3) requires a felony-firearm sentence to run consecutively only to its specific predicate felony; a sentence for a felony without an associated felony-firearm charge runs concurrently with the felony-firearm sentences.

People of Michigan v. Muhammad Tyyab Khan · filed 2024-07-02(3)

Felony-firearm is to be served “consecutive only to the sentence for a specific underlying felony.” Clark, 463 Mich at 463. Because the charge for felonious assault against Tanner did not have an associated felony-firearm charge, the judgment of sentence must be amended for that felonious assault conviction (count 10) to be served concurrently with the felony-firearm convictions (counts 6, 7, 8, and 9).

Section 750.227b(3) requires a felony-firearm sentence to run consecutively with the sentence for the underlying felony.

People of Michigan v. Jones Jr · filed 2024-07-25(3)

At resentencing, the trial court ordered that defendant’s felony-firearm sentence should run consecutively with his second-degree murder sentence, as was mandatory under MCL 750.227b(3). However, the judgment of sentence reflects that defendant’s felony- firearm conviction will be served concurrent to his second-degree murder sentence.

A single felony-firearm sentence runs consecutively to only one predicate felony sentence, even when multiple potential predicate felonies are listed in the information.

People of Michigan v. Hatten · filed 2024-12-04(3)

In Clark, the Supreme Court held that a sentence for felony-firearm is only consecutive to the sentence for the particular felony that served as the predicate offense. Clark, 463 Mich at 463-464. In this case, the court plainly violated the Clark rule by ordering that the sentence for one count of felony-firearm be served consecutive to ten other felony counts. Pursuant to the Supreme Court’s holding in Clark, the sentence for felony-firearm should only be consecutive to one of the other ten felony counts.

Section 750.227b(3) requires the two-year felony-firearm sentence to be served consecutively to, and before, the sentence for the underlying felony.

Bentley v. Artis · filed 2024-12-27(3)

And this mandatory two-year prison term must be served consecutive to, and before, the sentence for the underlying felony conviction. Id. § 750.227b(3).

Section 750.227b(3) requires a felony-firearm prison term to run consecutively with a prison term for the underlying felony, but concurrently with probation for that felony.

People of Michigan v. Davis · filed 2025-06-25(3)

Likewise, in this case, because defendant was sentenced to probation, instead of imprisonment, for the underlying felonious assault conviction, that sentence must run concurrently to the two-year term of imprisonment imposed for the felony-firearm conviction.

A felony-firearm sentence runs consecutively only to the sentence for its corresponding predicate felony; when the defendant is acquitted of that felony, the felony-firearm sentence runs concurrently with other sentences.

People of Michigan v. Wilson · filed 2025-12-22(3)

Defendant was also acquitted of count six (receiving and concealing a stolen firearm), but convicted of felony-firearm as to that offense (count nine). The amended judgment of sentence mistakenly reflects that defendant’s conviction for count four (possession with the intent to deliver methamphetamine) must be served consecutively to count nine (felony-firearm). Instead, the mandatory two-year term of imprisonment for count nine (felony-firearm) is not to be served consecutively to any other felony conviction, but concurrently with the other sentences imposed.

Section 750.227b(1) excludes carrying a concealed weapon as a predicate felony, so a concealed weapon sentence cannot run consecutively to a felony-firearm sentence.

People of Michigan v. Littlejohn · filed 2026-05-15(1)

The felony- firearm statute expressly precludes carrying a concealed weapon as a predicate felony. Accordingly, Littlejohn’s sentence for carrying a concealed weapon cannot be made consecutive to the felony-firearm sentences because that offense cannot serve as the predicate felony for the charged felony-firearm offenses.

Section 750.227b requires a mandatory two-year sentence consecutive to the sentence for the underlying felony.

Wayne County Prosecutor v. Recorder's Court Judge · filed 1979-09-19

We remand to the trial court for imposition of the mandatory two-year consecutive sentence for defendant’s conviction pursuant to the felony-firearm statute.

Section 750.227b(2) requires the felony-firearm sentence to be served consecutively to the sentence for the underlying felony.

People v. Mitchell · filed 1980-12-16(2)

Furthermore, the statute requires that the felony-firearm sentence be served consecutively to that imposed for conviction of the underlying felony, MCL 750.227b(2); MSA 28.424(2)(2).

A sentence for one felony-firearm conviction runs consecutively to the sentence for the underlying felony identified as its predicate, not to sentences for other convictions.

People of Michigan v. Hough · filed 2016-08-18(3)

Considering that there was only the one count of felony-firearm, and given the trial court’s reference to the carjacking when rendering the felony-firearm verdict, we order a remand to correct the judgment of sentence so as to show ... that the felony-firearm sentence is consecutive solely in relationship to the carjacking sentence, not the armed robbery or resisting and obstructing sentences.

Section 750.227b does not make a felony-firearm sentence consecutive to every other sentence imposed in the same case.

People of Michigan v. Coates · filed 2016-09-22

On appeal, Shetoan Coates argues that he is entitled to resentencing or the correction of his judgment of sentence because the trial court erroneously ordered that his sentences for the AWIGBH and CCW convictions run consecutively to his sentence for the felony-firearm conviction. The prosecutor concedes that the correction of Shetoan Coates’s judgment of sentence is necessary due to this error. Accordingly, we remand this matter for the ministerial task of correcting Shetoan Coates’s judgment of sentence in this regard. See, e.g., People v Taybron, 486 Mich 899; 780 NW2d 795 (2010).

Section 750.227b requires a two-year prison term for carrying a firearm during a felony, served before and consecutively to the sentence for the underlying felony.

People v. Blanton · filed 2016-08-30(1), (2)

The plain language of MCL 750.227b thus makes clear that when a defendant carries a firearm during the commission of a felony, he is subject to a mandatory two-year term of imprisonment, such term to be served “consecutively with and preceding any term of ... imprisonment imposed” for the underlying felony.

Section 750.227b(2) requires the mandatory consecutive felony-firearm sentence to be served before the sentence for the underlying felony.

People v. Fortson · filed 1993-10-05(2)

We note first that, although not raised by defendant, the trial court erred in ordering him to serve the two-year mandatory consecutive sentence for felony-firearm after the sentence for voluntary manslaughter instead of before as required by the statute. MCL 750.227b(2); MSA 28.424(2)(2). On remand, that error should be corrected.

Section 750.227b(2) makes it felony-firearm to carry or possess a pneumatic gun and use it in furtherance of committing or attempting to commit a felony other than the listed exceptions.

People of Michigan v. James · filed 2020-02-18(2)

MCL 750.227b(2) specifically includes the use of a pneumatic gun, providing, in relevant part: ... (2) A person who carries or has in his or her possession a pneumatic gun and uses that pneumatic gun in furtherance of committing or attempting to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. ... As such, there was also sufficient evidence to convict defendant of felony-firearm in connection with the CDWUI conviction.

Felony-firearm under § 750.227b is a distinct offense subject to its own six-year limitations period under MCL 767.24(10), independent of the predicate felony’s limitations period.

People of Michigan v. Tyrill Lamont Wade · filed 2025-07-08

This is all to say that felony-firearm is a distinct offense that is punished separately from the predicate felony. From this, it logically follows that any limitations period applicable to felony-firearm should be independent of the limitations period applicable to the underlying felony. With this in mind, we believe that, because there is no statute specifying that any other limitations period applies, felony-firearm must be subject to the catchall limitations period of six years in MCL 767.24(10).

Intoxication is not a defense to a felony-firearm charge.

People v. Rone · filed 1980-11-21

Despite the availability of intoxication as a defense to the assault charges, we find the defendant’s argument unavailing. ... Moreover, defense counsel was likely aware that such an instruction would not be a defense to the second-degree murder or felony-firearm charges.

Intoxication is not a defense to a felony-firearm charge under § 750.227b.

People v. Rone · filed 1981-09-22

Moreover, defense counsel was likely aware that such an instruction would not be a defense to the second-degree murder or felony-firearm charges.

The rule allowing conviction for aiding and abetting felony-firearm possession applies retroactively to appeals pending when People v Johnson was decided.

People v. Longwish · filed 1981-08-19

In order to insure that retrials remain at a reasonable level, we limit retroactive application of the new rule to those appeals which were pending at the time that Johnson was decided.

The broadened aiding-and-abetting interpretation of the felony-firearm statute cannot be applied retroactively to conduct governed by the prior rule requiring assistance in obtaining or retaining the firearm.

Harris v. Booker · filed 2010-09-08(1)

The Michigan Supreme Court’s new interpretation of the felony firearm statute in the context of aiding and abetting, and its retroactive application to Petitioner’s conduct, are inconsistent with the demands of due process and the United States Constitution.

Section 750.227b’s felony-firearm statute is constitutional.

People v. Woodard · filed 1981-11-30

Defendant finally contends that the felony-firearm statute, MCL 750.227b; MSA 28.424(2), in unconstitutional. This claim is without merit.

Section 750.227b does not violate Michigan’s constitutional prohibition on amending statutes by implication.

People v. Handley · filed 1984-06-04

Defendant also argues that the felony-firearm statute violates Const 1963, art 4, § 25 by amending other statutes by implication. However, once again, this argument has been rejected.

Section 750.227b permits a felony-firearm conviction alongside a carrying-a-concealed-weapon conviction when another felony is the basis for the felony-firearm conviction and the convictions are not based on a single factual occurrence.

People v. Williams · filed 1982-06-22

Although the Legislature explicitly prohibited a felony-firearm conviction based on carrying a concealed weapon, this does not mean there cannot be convictions of both where another felony is the basis for the felony-firearm conviction and the two convictions are not based on a single factual occurrence as that term is used in Wayne County Prosecutor, supra.