People v. Peals

720 N.W.2d 196, 476 Mich. 636
CourtMichigan Supreme Court
DecidedJuly 31, 2006
DocketDocket 128376
StatusPublished
Cited by46 cases

This text of 720 N.W.2d 196 (People v. Peals) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Peals, 720 N.W.2d 196, 476 Mich. 636 (Mich. 2006).

Opinions

[638]*638CORRIGAN, J.

We granted leave to appeal to consider whether the weapon at issue in this case constituted a “firearm” as defined in MCL 750.222(d), and thus whether defendant was properly convicted of being a felon in possession of a firearm, MCL 750.224f(l); and possession of a firearm during the commission of a felony, MCL 750.227b. We hold that the text of the statutory definition indicates that a weapon is a firearm if it is the type of weapon that was designed or intended to propel a dangerous projectile by an explosive, gas, or air. The definition describes the category of weapons that constitute a “firearm,” but it does not prescribe a requirement that the weapon be “operable” or “reasonably or readily repairable.” In other words, the design and construction of the weapon, rather than its state of operability, are relevant in determining whether it is a “firearm.”

It is not disputed that the weapon in this case is the type of weapon that propels dangerous projectiles. It thus qualifies as a firearm under the statutory definition. We therefore affirm the judgment of the Court of Appeals and affirm defendant’s convictions of felon in possession of a firearm and felony-firearm.

I. FACTUAL BACKGROUND AND PROCEDURAL POSTURE

A jury found defendant guilty of felon in possession of a firearm and felony-firearm. Testimony at trial explored the condition of the gun found in defendant’s possession. Defendant testified that he found the gun lying in two pieces in the grass and that he picked up the pieces and put them in his pocket. Upon examining them later, he saw that there was damage and thought that the gun was inoperable.

The police officer who examined the gun when it was received into evidence testified that “the weapon did [639]*639not function as it was mechanically designed to function.” It was missing the firing-pin assembly, part of the slide (and the part that remained was cracked), the magazine, and some springs. He further acknowledged that without the firing-pin assembly, “you cannot fire a bullet through that weapon.”

When asked whether, despite the broken slide, a round could be fired from the gun if the missing springs as well as the firing pin were replaced, the officer responded:

To the best of my knowledge the way this slide sits right now with the broken piece I don’t even know that it would properly chamber around [sic]. The fact of the tension of the springs if it had all of the springs would probably not allow this slide to close completely anyway to actually fire it. If it had the proper stop but this portion here of the slide was broken you’d get one round off. But with the function of the weapon and the slide going to the rear and nothing to stop it that slide is going to come off....

On further examination, the officer testified, “If this weapon fired a round with the springs and without having the ejector stop, you would loose [sic] the slide. It would eject completely to the rear and you wouldn’t be able to get a second shot off.”

Without objection, the trial court provided the following instruction to the jury regarding the operability of the gun:

A handgun need not be currently operable in order to qualify as a firearm for purposes of the offenses of felon in possession of a firearm and possession of a firearm at the time of the commission or attempted commission of a felony.

When the jury requested further clarification of what constitutes a firearm, the court stated:

[640]*640A firearm includes any weapon from which a dangerous weapon [sic] can be shot or propelled by the use of explosive gas or air. A handgun need not be currently operable in order to be qualified as a firearm for the purposes of felon in possession of a firearm and possession of a firearm at the time of a commission or attempted commission of a felony.

Defendant did not object to this instruction.

The jury returned a verdict of guilty on both counts of felon in possession of a firearm and felony-firearm. The Court of Appeals affirmed defendant’s convictions.1

II. STANDARD OF REVIEW

This case requires us to interpret the definition of “firearm” contained in MCL 750.222(d). We review de novo questions of statutory construction. People v Perkins, 473 Mich 626, 630; 703 NW2d 448 (2005).

III. ANALYSIS

Initially, we note that both offenses of which defendant stands convicted, felon in possession of a firearm and felony-firearm, require proof that the defendant possessed a “firearm.” The Legislature has defined that term in MCL 750.222(d):

“Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB’s not exceeding .177 caliber. [Emphasis added.]

On appeal, the sole challenge to defendant’s convictions is that the weapon found in his possession was in such [641]*641a state of disrepair that it could not constitute a “firearm” as defined in MCL 750.222(d).

It is readily apparent that the key question in construing MCL 750.222(d) is the meaning of the word “may” in the phrase, “a dangerous projectile may be propelled... .” Where, as here, a statute does not contain internal definitions of terms used in it, we give terms their ordinary meaning. Title Office, Inc v Van Buren Co Treasurer, 469 Mich 516, 522; 676 NW2d 207 (2004). In such instances, it is often helpful to consult dictionary definitions. Id. Random House Webster’s College Dictionary (1997) lists a number of definitions for “may” as an auxiliary verb:

1. (used to express possibility)... 2. (used to express opportunity or permission)... 3. (used to express contingency, esp. in clauses indicating condition, concession, purpose, result , etc.)... 4. (used to express wish or prayer)... 5. (used to express ability or power.)....

Reviewing these definitions in the context of the statute, it seems that the third and fourth definitions are more compatible with the understanding that a weapon is a firearm if it was designed or intended to propel a dangerous projectile. The words “purpose,” “wish,” and “prayer” connote intention, aim, or planning. In other words, these definitions are consonant with the idea that a weapon is a firearm if that was the intent or design of its creator.

The first, second, and fifth definitions, meanwhile, seem more compatible with the understanding that a weapon is a firearm if it possesses the ability to propel a dangerous projectile. The words “opportunity,” “possibility,” “ability,” and “power” connote capability or capacity. In other words, these definitions are consonant with the idea that a weapon is a firearm if it has the ability or power to fire a projectile.

[642]*642Because both of these meanings are plausible given the use of “may” in the statute, we are required to make a determination as to which meaning is most representative of the Legislature’s intent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People of Michigan v. Anthony Lemar Newman
Michigan Court of Appeals, 2020
People of Michigan v. Carlton Paul Williams
Michigan Court of Appeals, 2020
People of Michigan v. Scott Rosean Odum
Michigan Court of Appeals, 2020
People of Michigan v. Calvin Andrew Jeter
Michigan Court of Appeals, 2019
People of Michigan v. William James Kooistra
Michigan Court of Appeals, 2018
People of Michigan v. Keenan Barbee
Michigan Court of Appeals, 2018
Tammy McNeill-marks v. Midmichigan Medical Center-Gratiot
912 N.W.2d 181 (Michigan Supreme Court, 2018)
People of Michigan v. Husam Kamil Alzehery
Michigan Court of Appeals, 2018
People of Michigan v. Martell Washington
Michigan Court of Appeals, 2017
People of Michigan v. Nicholas Ashford
Michigan Court of Appeals, 2017
People v. Mysliwiec
890 N.W.2d 691 (Michigan Court of Appeals, 2016)
People v. Morris
886 N.W.2d 910 (Michigan Court of Appeals, 2016)
People of Michigan v. Kyle Jerrod Hagger
Michigan Court of Appeals, 2015
People of Michigan v. Simon Antonio Starks
Michigan Court of Appeals, 2015
People v. Humphrey
877 N.W.2d 770 (Michigan Court of Appeals, 2015)
People of Michigan v. Paul Peter Gross
Michigan Court of Appeals, 2015
People of Michigan v. Mario Durrel Davis
Michigan Court of Appeals, 2015
People of Michigan v. Calvin Lamont Gloster
Michigan Court of Appeals, 2014
People of Michigan v. Hameed Rahim Gibson
Michigan Court of Appeals, 2014

Cite This Page — Counsel Stack

Bluebook (online)
720 N.W.2d 196, 476 Mich. 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peals-mich-2006.