People v. Minch
493 Mich. 87
| Mich. | 2012Background
- Defendant Minch pled guilty to possession of a short-barreled shotgun and felony-firearm following a lawful police seizure of 87 firearms from his home.
- 86 firearms were lawfully owned by Minch; one short-barreled shotgun was illegally possessed.
- After sentencing, Minch sought to have all lawfully owned weapons returned to his designated agent, his mother, under a durable power of attorney.
- Muskegon Circuit Court granted the motion, ordering transfer to the designated agent, over prosecution objection.
- Court of Appeals affirmed, holding that denying transfer to the designee would violate due process.
- Supreme Court held that Michigan’s felon-in-possession statute prevents delivery to a designated agent, but allows appointment of a successor bailee to hold weapons during the felon’s incapacity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MCL 750.224f(2) bar delivery to a felon's designated agent? | Minch's ownership allows transfer to designee | Agency transfer does not violate statute if handled properly | Statute bars direct/constructive possession by felon; police are constructive bailee |
| Can a successor bailee hold the felon's firearms during incapacity? | Court should allow transfer to designee or bailee | Bailee role preserves ownership without violating statute | Yes; successor bailee may hold firearms if bailee relationship is clear and non-control by felon |
| Does due process require different disposition or violate Banks when a police department retains possession? | Continued possession to designee deprives property without due process | Defendant already had opportunity to contest ownership; no due process violation | No due process violation; Banks overruled; possession can be lawfully continued by bailee |
Key Cases Cited
- Banks v. Detroit Police Dep't, 183 Mich App 175 (Mich. App. 1990) (rejected due-process claim for third-party ownership transfer under felon-in-possession context)
- People v. Johnson, 466 Mich 491 (Mich. 2002) (defines possession standards in Michigan possessory offenses (actual vs constructive))
- People v. Flick, 487 Mich 1 (Mich. 2010) (discusses constructive possession in possessory cases)