THE MICHIGAN PENAL CODE
Act 328 of 1931
750.227b Carrying or possessing firearm when committing or attempting to commit felony; carrying or possessing pneumatic gun; exception; “law enforcement officer” defined.
Sec. 227b.
(1) A person who carries or has in his or her possession a firearm when he or she commits or attempts 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. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years.
(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. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years.
(3) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the conviction of the felony or the attempt to commit the felony and shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.
(4) A term of imprisonment imposed under this section shall not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed under subsection (1) or (2).
(5) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in the official performance of his or her duties and who is in the performance of those duties. As used in this subsection, "law enforcement officer" means a person who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.
History: Add. 1976, Act 6, Eff. Jan. 1, 1977 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 2015, Act 26, Eff. July 1, 2015
Constitutionality Notes:
The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).
Notes of Decisions
Cited in
3,679
cases (
827 in the last 5 years), 1977–2026 · leading case:
People v. Moore
People v. Moore (2004)
mich · cites it 26×
“This Court granted leave to appeal in both cases and ordered that the cases be argued and submitted to the Court together. In each of these cases, the order granting leave to appeal limited the issues to "whether there is sufficient evidence to convict the defendant of violating…”
People of Michigan v. Edward Duane Pointer-Bey (2017)
michctapp · cites it 22×
“82 ; possession of a firearm during the commission of a felony (felony-firearm), second offense, MCL 750.227b ; and being a felon in possession of a firearm (felon-in-possession), MCL 750.”
People v. Smith (2007)
mich · cites it 8×
“Defendant appealed, asserting that his convictions for both first-degree felony murder and armed *353 robbery violate the Double Jeopardy Clause of the Michigan Constitution, Const. 1963, art. 1, § 15. The Court of Appeals concluded that there was no evidence that defendant had…”
Wayne County Prosecutor v. Recorder's Court Judge (1979)
mich · cites it 12×
“Leave to appeal was sua sponte granted in these cases [1] to resolve a substantial conflict among our lower courts as to the constitutionality of Michigan's felony-firearm statute, MCL 750.227b; MSA 28.424(2), which states: "A person who carries or has in his possession a…”
People v. Calloway (2003)
mich · cites it 10×
“§ 750.227b (possession of a firearm during the commission of a felony).”
People v. Bass (2016)
michctapp · cites it 3×
“224f, possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b, and disinterment, mutilation, defacement, or carrying away of a human body (mutilation of a human body), MCL 750.”
People v. Gardner (2008)
mich · cites it 6×
“224f, and possessing a firearm during the commission of a felony (felony-firearm), MCL 750.227b. The facts underlying his convictions do not bear on the current question before this Court.”
Sours v. State (1980)
mo · cites it 8×
“Upon a third or subsequent conviction under this section, the person shall be imprisoned for 10 years.”
People v. Harper (2007)
mich · cites it 6×
“As we noted previously, the Legislature also explicitly provided for determinate sentences for a limited number of particular offenses, such as possession of a firearm during the commission of a felony, MCL 750.227b. In contrast, nowhere did the Legislature state that…”
People v. Mitchell (1998)
mich · cites it 12×
“§ 750.227b; M.S.A. *285 § 28.424(2) [7] creates a separate felony for those who possess a firearm while committing a felony.”
People v. Miles (1997)
mich · cites it 8×
“§ 750.227b(1); M.S.A. § 28.424(2)(1).] This statute requires proof beyond a reasonable doubt that a defendant carried a firearm during the commission or attempted commission of a felony and nothing more.”
People v. Vaughn (2012)
mich · cites it 3×
“7 MCL 750.227b. Defendant was charged as a second offender of MCL 750.”
— Mich. Comp. Laws § 750.227b(1) — 343 cases
People of Michigan v. Edward Duane Pointer-Bey (2017)
michctapp
“82 ; possession of a firearm during the commission of a felony (felony-firearm), second offense, MCL 750.227b ; and being a felon in possession of a firearm (felon-in-possession), MCL 750.”
People v. Moore (2004)
mich
“This Court granted leave to appeal in both cases and ordered that the cases be argued and submitted to the Court together. In each of these cases, the order granting leave to appeal limited the issues to "whether there is sufficient evidence to convict the defendant of violating…”
People v. Miles (1997)
mich
“§ 750.227b(1); M.S.A. § 28.424(2)(1).] This statute requires proof beyond a reasonable doubt that a defendant carried a firearm during the commission or attempted commission of a felony and nothing more.”
People v. Gardner (2008)
mich
“224f, and possessing a firearm during the commission of a felony (felony-firearm), MCL 750.227b. The facts underlying his convictions do not bear on the current question before this Court.”
— Mich. Comp. Laws § 750.227b(2) — 51 cases
People v. Bass (2016)
michctapp
“224f, possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b, and disinterment, mutilation, defacement, or carrying away of a human body (mutilation of a human body), MCL 750.”
— Mich. Comp. Laws § 750.227b(3) — 41 cases
— Mich. Comp. Laws § 750.227b(4) — 1 case
— Mich. Comp. Laws § 750.227b(a) — 5 cases
— Mich. Comp. Laws § 750.227b(b) — 6 cases
Sours v. State (1980)
mo
“Upon a third or subsequent conviction under this section, the person shall be imprisoned for 10 years.”
— Mich. Comp. Laws § 750.227b(l) — 42 cases
People v. Moore (2004)
mich
“This Court granted leave to appeal in both cases and ordered that the cases be argued and submitted to the Court together. In each of these cases, the order granting leave to appeal limited the issues to "whether there is sufficient evidence to convict the defendant of violating…”
People v. Miles (1997)
mich
“§ 750.227b(1); M.S.A. § 28.424(2)(1).] This statute requires proof beyond a reasonable doubt that a defendant carried a firearm during the commission or attempted commission of a felony and nothing more.”
People v. Gardner (2008)
mich
“224f, and possessing a firearm during the commission of a felony (felony-firearm), MCL 750.227b. The facts underlying his convictions do not bear on the current question before this Court.”
People v. Vaughn (2012)
mich
“7 MCL 750.227b. Defendant was charged as a second offender of MCL 750.”
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