The Michigan statute specifically states the following:
MCL 750.227b Carrying or possessing firearm when committing or attempting to commit felony; "law
enforcement officer" defined.
(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, section 227, 227a or 230, is guilty of a felony,
and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be
imprisoned for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be
imprisoned for 10 years.
(2) 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.
(3) 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 pursuant to subsection (1).
(4) 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.
Hello, I'm Sherri Vartanian.
If there are any questions about why this site exists...
Please see the transcripts that apply to my brother at the bottom of this page.
Earlier this year, my brother, Robert Vartanian, was charged, in Wayne County Circuit Court, with:
The Felony useage of a firearm in a jury case.
He was driving home, in his own neighborhood, when his car was blocked in by a group of thugs. They came up to his car and attempted to drag him out. He informed them that he had a legal gun and a CCW permit with him at the time.
This information did not stop these people from continuing to attack his car with their weapons (baseball bats etc.). He, then, shot, wounding, one of them who was on his way through his window, and held the rest until the police could get there.
At the trial, he was cleared of all felony charges, due to self defense. However, the jury returned a guilty verdict of: FELONY FIREARM.
He is, currently, serving a mandatory 2 year sentence for that verdict (see section #1 above) and will have a felony conviction on his record.
Even the judge said that if it was not a jury trial, (see transcript #1 page #5) my brother would not be in jail.
He has lost his business, home, daughter, and all of his posessions as a result of this.
This is why I'm asking for your signature on this petition to cover a case of "self defense".
Please click on the link below to sign this petition as soon as you get it.