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Illegal Possession of a Firearm

In Michigan, citizens have a right to open carry their own firearms. However, that doesn’t mean Michigan residents can tout around any kind of firearm in any manner they’d like. Possessing certain types of firearms, ammunition, or firearm modifications is illegal in the state of Michigan. If law enforcement finds you possess any of these illegal firearms or gear, then you’ll be charged with illegal possession of a firearm.

It’s your right as an American and a Michigan citizen to carry your firearm. If you or someone you know has been arrested for illegal possession of a firearm, contact an experienced gun crimes attorney as soon as possible. They can uncover all your available options to achieve reduced or dismissed charges. Additionally, they can advocate on your gun safety on your behalf and convince the judge to allow you to keep your ability to own a firearm.

Attorney for Illegal Possession of a Firearm in Oakland County, MI

Michigan has stringent restrictions on their handgun permits and doesn’t allow citizens to own certain types of firearms or alter them in a specific way. If you’ve been arrested for violating these rules, we suggest you call Dallo Law, P.C.. J. Dallo of Dallo Law, P.C. has defended numerous people accused of firearm and weapons crimes. His experience and diligent attitude to unturn every possible legal avenue for a case sets J. Dallo apart from the rest.

Set up your first free consultation with firearm and weapons crimes attorney J. Dallo of Dallo Law, P.C. by calling (248) 283-7000. Dallo Law, P.C. is in Bloomfield Hills but accepts clients throughout the greater Oakland County and Macomb County area including Pontiac, Rochester, Novi, Sterling Heights, Troy, Royal Oak, Clarkston, Mount Clemens, Roseville, Utica, and St. Clair Shores.

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Michigan Laws for Illegal Possession of a Firearm

Michigan is an open carry state, so residents are allowed to possess their firearms if they have the necessary permits. The state does prohibit possession of certain types of guns and those who carry these firearms could be charged with a crime under section 750.224b of the Michigan Penal Code. This statute states it’s illegal to make, manufacture, transfer, or possess a short-barreled shotgun or a short-barreled rifle. This crime does not apply to short-barreled shotguns or rifles made in compliance with federal laws.

Possessing specific types of ammunition is also considered a crime in the state of Michigan. Section 750.224c states no person can manufacture, distribute, sell, or use armor piercing ammunition in the state of Michigan. The term “armor piercing ammunition” refers to any projectile or projectile core used in a pistol and constructed entirely of steel, tungsten alloys, iron, brass, bronze, beryllium copper, or a combination of these materials. Armor piercing ammunition does not include any of the following:

  • Shotgun shot required by federal or state law for hunting purposes;
  • Frangible projectile designed for target shooting;
  • Projectiles that the director of the department of state finds is primarily intended to use for sporting purposes; or
  • Projectiles that the director of the department of state finds is primarily intended to use for industrial purposes.

Converting and possessing a semiautomatic firearm that’s been modified into a fully automatic firearm is illegal in Michigan. Fully automatic firearms load successive cartridges into the magazine without renewed pressure to the trigger for each shot. The crime is defined under section 750.224e of the Michigan Penal Code, which states a person shall not do any of the following or they’ll be in violation of section 750.224e.

  • Sell, distribute, manufacture, or possess a device that is designed or intended to be used to convert a semiautomatic firearm into a fully automatic firearm.
  • Teach another person or attempt to teach them how to manufacture or install a device to modify a semiautomatic firearm into an automatic firearm.

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Michigan Penalties for Illegal Possession of a Firearm

The penalties for illegal possession of a firearm depend on the charges you’re facing. Possessing a short-barreled shotgun or rifle in Michigan is a felony. The crime is punishable by up to 5 years in prison and a fine of no more than $2,500. If the defendant carried a short-barreled shotgun or rifle that is greater than 26 inches in length, then an officer may immediately seize your firearm. The defendant has 45 days to display federal registration to law enforcement if they want to have their firearm returned to them.

Possessing armor piercing ammunition will result in a felony punishable by no more than 4 years and a fine of up to $2,000. The criminal penalties for possessing armor piercing ammunition don’t apply to licensed gun dealers.

Knowingly converting or showing another person how to modify a semiautomatic firearm into a fully automatic firearm will result in a felony. The maximum penalty for the crime includes up to 4 years in prison and a fine of up to $2,000.


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Gun Free Zones in Michigan

People licensed to carry a concealed pistol in Michigan, or another state cannot conceal carry in certain places. If you have a concealed pistol license, then you must avoid carrying your firearm in these areas or risk being criminally charged. Even a first-time violation will result in the immediate suspension of your concealed pistol license (CPL).

The following are areas you mustn’t carry a firearm even if you have an CPL.

  • Sports arena or stadium.
  • School or school property. You can carry if you are in the vehicle on school property and you’re dropping off or picking up as a legal guardian or parent.
  • Taverns or bars where the primary source of income is through the sale of alcohol by glass consumed on the premises.
  • Public or private day care center, child caring agency, or child placing agency.
  • Property or facility owned by a church, mosque, synagogue or other place of worship.
  • Entertainment facility where the individual understands it has a seating capacity of 2,5000 or more.
  • Dormitory or classrooms of a college, community college or university.
  • Hospitals
  • Casinos

If you were carrying the pistol in a firearm prohibited area, then the officer will immediately seize it. The officer can only seize the firearm if you were carrying it concealed. For casinos, law enforcement will always seize your firearm whether the weapon has been concealed or exposed. The following are the penalties for bringing a gun in a prohibited area.

  • First Offense: A fine of up to $500 and CPL suspension for 6 months.
  • Second Offense: Misdemeanor punishable by up to 90 days and a fine of up to $1,000. Your CPL will also be automatically revoked.
  • Third Offense: Felony punishable by up to 4 years in prison and a $5,000 fine. Your CPL permit will be automatically revoked.

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Additional Resources

Firearm Laws in Michigan – Visit the official website for the Michigan Penal Code to learn more about their firearm and weapons crimes. Access the site to learn more about types of illegal firearms in Michigan, what devices for firearms are banned, how to geta concealed pistol license (CPL) in Michigan, and other information.

NRA-ILA | Michigan Gun Laws – Visit the official website for the National Rifle Association (NRA), to learn more about various gun laws in the state of Michigan. Access the site to learn if you need a permit to carry a firearm in Michigan, what permit you might want to purchase, how to register your firearms in Michigan, and which right to carry laws have passed.


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Gun Crime Attorney in Oakland County, Michigan

If you or someone you know has been charged with a firearm or weapons offense, contact Dallo Law, P.C.. Criminal defense attorney J. Dallo of Dallo Law, P.C. has thoroughly studied Michigan gun laws and represented many people charged with firearm crimes. He can examine and suppress the evidence, detect illegal search and seizure practices, find experts on your behalf, and do whatever’s needed to ensure you receive the best possible outcome for your case.

Call Dallo Law, P.C. now at (248) 283-7000 to set up your first consultation free. Dallo Law, P.C. has offices based in Bloomfield Hills, but accepts clients throughout the greater Oakland County and Macomb County area including Sterling Heights, Utica, Roseville, Eastpointe, Clinton Township, Warren, West Bloomfield Township, Pontiac, Clarkston, Troy, and Waterford Township.


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