Felony firearm in Michigan adds a mandatory prison term of 2 years for a first conviction, 5 years for a second, and 10 years for a third or later. It must be served before, and consecutively with, the sentence for the underlying felony. The charge is set by MCL 750.227b.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Felony firearm at a glance
| Charge | Carrying or possessing a firearm when committing or attempting to commit a felony, MCL 750.227b |
|---|---|
| First conviction | 2 years in prison |
| Second conviction | 5 years in prison |
| Third or later conviction | 10 years in prison |
| How it is served | Added to the sentence for the underlying felony and served first, consecutively (MCL 750.227b(3)) |
| Trial court | The circuit court, after the case begins in district court |
Felony firearm is charged together with another felony. The sentence is added on top of the sentence for that felony, which is why the underlying charge matters so much.
How does a felony firearm case move through court?
- Arraignment in district court, where bond is set.
- Preliminary examination. The prosecutor must show probable cause on both charges.
- Bindover to circuit court if probable cause is found.
- Resolution by dismissal, plea, or trial.
What matters in the defense
- The underlying felony. The firearm count depends on proof of the other felony. Defeating or reducing it can affect both.
- Possession. Whether you carried or controlled the firearm.
- The search. Firearms found in an unlawful stop or search may be challenged.
- Is it a firearm? The prosecutor must prove the object qualifies.
Related pages: gun or weapon charges, felon in possession, and carrying a concealed pistol.
Frequently asked questions
What is the penalty for felony firearm in Michigan?
A mandatory 2 years for a first conviction, 5 years for a second, and 10 years for a third or later, under MCL 750.227b.
Is the sentence served at the same time as the other felony?
No. It is served consecutively with, and before, the sentence for the underlying felony.
Talk to a Detroit gun charge attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 750.227b in the Michigan Legislature’s text. This page is general information, not legal advice.