Under the U.S. Constitution every American citizen has the right to keep and bear arms for the defense of themselves and the state. Nevertheless, Michigan law imposes a complicated regulatory scheme for owning or possessing weapons and firearms. Any mistake complying with that scheme might subject you to criminal prosecution for a firearm or weapons charge.
If you or someone you know has been charged with a firearm or weapons crime, it’s imperative you seek legal counsel right away. No one may have been hurt because of the crime, but that doesn’t mean the state of Michigan won’t impose serious penalties if you’re convicted. Many firearms and weapons crimes can result in imprisonment as well as hefty fines upon conviction. Stop this from happening to you by building your defense early with an experienced and skilled firearms and weapons defense attorney.
Firearm Defense Attorney in Oakland County, Michigan
Although Michigan citizens can own a firearm, they must follow certain rules and regulations to do so. Failure to follow these laws can result in a serious firearm or weapons charge whose penalties have long-lasting effects. If you’ve been accused of a firearm or weapons crime, then we highly suggest you get in contact with criminal defense attorney J. Dallo at Dallo Law, P.C.. Our team will work tirelessly to defend your rights and ensure your firearm and weapons rights are restored to the fullest.
Start building your defense today with Dallo Law, P.C.. If retained, our team will mobilize to intervene, limit damage, collect evidence, preserve exculpatory evidence, attack scientific proofs and do whatever necessary legal research needed to gain every possible advantage for our clients. Our highest priority is to achieve dismissal if possible and we will work diligently for that goal.
Call us now at (248) 283-7000 to set up your first free consultation today. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Pontiac, Troy, Waterford Township, Oakland Charter Township, Royal Oak, Clarkston, Rochester Hills, Auburn Hills, Utica, Romeo, Warren, Sterling Heights, Eastpointe, St. Clair Shores and New Baltimore.
- Examples of Firearms and Weapons Crimes in MI
- Penalties for Carrying a Concealed Weapon in MI
- Violating an Order Revoking or Suspending an CPL
- Types of Civil Arm Infractions in Michigan
- Additional Resources
Examples of Firearms and Weapons Crimes in Michigan
In Michigan, the most commonly prosecuted weapon and firearm charges include:
- Carrying of a Concealed Weapon or Firearm in Violation of MCL 750.227
- Possessing a Firearm while Under the Influence in Violation of MCL 750.237(2)
- Violating an Order Suspending or Revoking a CPL in Violation of MCL 28.428(4)
- Possession of a Firearm While Committing a Felony (Felony Firearm)
- Felon in Possession of a Firearm or Ammunition
- Illegal Possession of a Designated Short-barreled Firearm
- Carrying a Firearm in a Prohibited Location such as a School Zone
- Carrying Concealed Weapon-Pistol
- Carrying a Pistol in a Vehicle
- Carrying Concealed Weapon-Dangerous Weapon
- Careless, Reckless, or Negligent Use of Firearm with Injury or Death Resulting
- Intentionally Pointing a Firearm Without Malice
- Discharge of Firearm While Intentionally Aimed Without Malice
- Discharge of Firearm Causing Injury While Intentionally Aimed Without Malice.
- Reckless or Wanton Use of a Firearm
- Failure to Present Pistol for Safety Inspection
- Sale or Possession of a Pocket Knife Opened by a Mechanical Device
- Manufacture, Sale, or Possession of Prohibited Weapons
- Manufacture, Sale, or Possession of Short-barreled Shotgun
- Discharge of a Firearm from Motor Vehicle or at or in a Building
- Discharge of a Firearm at a Police or Emergency Vehicle
- Felon Possessing Firearm
Some types of weapons or firearms are exempt including:
- Exemption—Hunting Knife.
- Exemption-Pistol Carried by Licensee
- Exemption-Weapon Carried in Home, Place of Business, or on Land Possessed by Defendant
- Exemption-Pistol Carried by Agent of Manufacturer
- Exemption-Antique Firearm
- Exemption-Licensed Pistol Carried for a Lawful Purpose
- Exemption-Pistol Carried En Route to Hunting or Target Shooting Area [Deleted]
- Exemption-Short-barreled Shotgun
Penalties for Carrying a Concealed Weapon in Michigan
For charges of CCW under Michigan’s CCW statute, MCL 750.227, the statute provides:
(2)A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
As a general intent crime, charges for carrying a concealed weapon (CCW), the only intent necessary is an intent to do the act prohibited which is knowingly carrying the weapon on one’s person or in an automobile. Of course, it is an absolute defense to the charge of CCW, if the defendant shows that he or she was properly licensed to carry the weapon.
If you are accused of having a firearm in your possession, but not having a CPL, an officer might run a Law Enforcement Information Network (LEIN) search on your CPL status. If the officer confirms that the CPL had been revoked, you might be charged with CCW, MCL 750.227.
Violating an Order Suspended or Revoking a Concealed Pistol License (CPL)
The criminal penalty for violating an order suspending or revoking a CPL, are found in MCL 28.428(4), which provides, in relevant part:
The licensee shall promptly surrender his or her license to the county clerk after being notified that his or her license has been revoked or suspended. An individual who fails to surrender a license as required under this subsection after he or she was notified that his or her license was suspended or revoked is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
Types of Civil Firearm Infractions in Michigan
The most prosecuted firearm civil infractions in Michigan include:
- Carrying a concealed firearm while under the influence of alcoholic liquor or a controlled substance. Maximum fine $100.
- Carrying a concealed pistol or a portable device that uses electro-muscular disruption technology in a prohibited place, first offense. Maximum fine $500. 6 months suspension of license.
- Having a BAC .02-.08 while carrying a concealed pistol or a portable device that uses electro-muscular disruption technology. Maximum fine $100. The license shall be suspended for 1 year by the county clerk.
- Concealed Pistol. Licensed individual who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology and stopped by a peace officer failing to immediately disclose that fact. Maximum fine: 1st violation – $500 and 6 months suspension of license; subsequent violation within 3 years – $1,000 and revocation of license.
- Licensed individual failing to show required documents upon request by a peace officer when s/he is carrying a concealed weapon pistol or a portable device that uses electro-muscular disruption technology. Maximum fine $100.
- Licensed individual failing to carry concealed weapon license and state issued identification in his/her possession at all times s/he is carrying the pistol or a portable device that uses electro-muscular disruption technology. Maximum fine $100
- Purchaser failing to distribute copies of pistol sale record as required (exempts purchasers who are MCOLES certified). Maximum fine $250.
- Purchaser failing to distribute copies of pistol sales record as required. Maximum fine $250.00.
- Firearms records may only be accessed and disclosed by a peace officer or authorized system user for the purposes specified. Maximum fine $500.
Michigan’s Concealed Pistol Licensing Act (CPLA) – MCL 28.421 and the other relevant provisions of the CPLA deal with the rules and procedures governing the issuance, suspension, revocation, and reinstatement of CPLs, and the penalty for violating an order that suspends or revokes an individual’s CPL. See MCL 28.428(7) and (8). These provisions explain that an individual cannot be criminally liable for violating the CPLA if the individual did not receive notice that his or her CPL had been suspended or revoked. MCL 28.428(7) and (8). On the other hand, the CCW statute makes a person criminally liable for CCW if he or she carries a concealed pistol “without a license to carry the pistol as provided by law[.]” MCL 750.227(2).
Concealed Pistol Application & Instructions – Visit the official website for the Michigan State Police to find more information about CPL. Access the site to download concealed pistol applications, instructions, and other related documents.
Gun Law Attorney in Bloomfield Hills, MI
It’s common for prosecutors to tack on felony firearm charges or other related weapons crimes whenever possible. This can even occur when the firearm isn’t even involved in the charged offense. That is why we highly encourage you to hire the experienced legal team at Dallo Law, P.C. for representation. J. Dallo our managing attorney has extensive knowledge and practice defending clients from weapons and firearm related charges. He can utilize his in-depth understanding of the law, resources, and skills to formulate a formidable defense for your case.
Call Dallo Law, P.C. now at (248) 283-7000 to set up your first consultation free of charge. Dallo Law, P.C. has offices in Bloomfield Hills, Michigan, but accepts clients throughout the greater Oakland County and Macomb County area.