In Michigan, it is generally legal to own, sell, and possess weapons or firearms, but there are certain limits that the State has placed on the manufacture, sale, transfer, and possession of certain types of firearms. If individuals violate these laws, they may face years in prison and steep fines.
Under Michigan Law § 750.224, it is a felony to make, possess, sell, or attempt to sell any of the below weapons:
- Machine guns or other firearms that automatically shoot more than one shot without reloading or pulling the trigger
- Mufflers or silencers
- Bombs or bombshells
- Blackjacks, slungshots, billy, metallic knuckles, sand clubs, sandbags, or bludgeons
- Devices or weapons that release gas or other substances that permanently or temporarily disable another person
Under this statute, even if an individual is found to have all or some of the parts necessary to make any of the above weapons or modify an existing weapon to make it into a weapon that is considered illegal, they may be charged with this crime.
Michigan Manufacture, Sale, Or Possession Of Prohibited Weapons Attorney
If you are facing accusations for for manufacture, sale, or possession of prohibited weapons, an experienced Michigan criminal defense attorney can identify the best defense for your case. In some cases, a lawyer may identify grounds that can result in a dismissal or reduction of charges.
Attorney J. Dallo at Dallo Law, P.C. is firearm and weapon attorney who can protect your rights and work to obtain the best outcome in your case. Don’t wait another moment to secure your rights and freedom and call Dallo Law, P.C. today for a free consultation at (248) 283-7000.
Dallo Law, P.C. is located in Bloomfield Hills but accepts clients in Oakland County and Macomb County including Rochester, Rochester Hills, Sterling Heights, Birmingham, Royal Oak, Clarkston, and Oakland Charter Township.
- Penalties for Manufacture, Sale, Or Possession Of Prohibited Weapons
- Potential Defenses for Manufacture, Sale, Or Possession Of Prohibited Weapons
- Unlawful Arrest
- Incorrect Identification Of Firearm Or Weapon
- Improper Search Warrant And Illegally Seized Evidence
- Additional Resources
Penalties for Manufacture, Sale, Or Possession Of Prohibited Weapons
An individual found guilty of this crime will face a felony conviction which is punishable by up to five years in prison and a fine of up to $2,500. After a conviction, the individual will have a criminal record.
Once an individual has a criminal record, it can be found by potential employers, housing authorities, and banks, who will look up criminal records for various reasons. In addition, since this crime carries a felony charge, there will likely be additional effects that the individual will also see in everyday life.
With a weapons charge on their criminal record, many individuals have difficulty with employment opportunities and the decreased amount of loans they may qualify for. In addition, especially in certain professions, having a weapons charge will likely impact an individual’s ability to achieve and maintain licensing for that specific profession.
Having a criminal record can impact an individual’s personal life as well. Once friends and family learn about a criminal record and a weapons charge, they may treat an individual differently and not want them around their children or certain family members. As a result, avoiding a conviction is ideal, whenever possible.
Potential Defenses for Manufacture, Sale, Or Possession Of Prohibited Weapons
Even if a defense cannot eliminate the charges levied against a defendant, it may help to reduce the severity of the charges and/or sentencing terms. Some of the possible defenses that our firm explores on an individual client’s behalf include:
- The arrest was unlawful
- The firearm in question was not truly automatic
- The search warrant used was not obtained correctly
- The evidence was obtained illegally
- The individual charged did not know or have reason to believe the firearm was fully automatic
Every case we look at is special in its own way. We will look to all of the circumstances to find ways to ensure the accused individual uses every possible defense to their advantage.
If the individual was arrested due to their illegal possession of a weapon, the arrest might be improper if they were not properly advised of their Miranda rights. Under the Fifth Amendment to the Constitution, when an individual is arrested, they must be read Miranda rights which include their right to remain silent and the right to the representation of an attorney. A Miranda rights violation might occur if an individual was not read their Miranda rights in their entirety or if they were improperly or untimely given; this may be able to be used as a defense to statements made while in custody.
Incorrect Identification Of Firearm Or Weapon
For this crime to be charged, the weapons or firearms in question must be the items law enforcement thought they were at the time of the arrest. Suppose the law enforcement officers incorrectly identify the weapons or firearms. In that case, when they make the arrest and later find out that the weapon was not truly automatic or was a weapon that is legal in the State of Michigan, it may be able to be brought as a defense. A skilled attorney will ensure that law enforcement officers have not incorrectly identified the weapons in question and bring the proper defense if necessary.
Improper Search Warrant And Illegally Seized Evidence
Another defense that can be used in an individual’s case is to see if the evidence was seized illegally. Under the Fourth Amendment, law enforcement officers must only search a person or their surroundings if law enforcement officers have reasonable suspicion of a crime. Without reasonable suspicion, they have committed an illegal search and seizure, and any evidence they may have found for a crime can be suppressed in court.
When we think law enforcement has found evidence through an illegal search and seizure, we will bring a motion to suppress the evidence. For law enforcement to be able to search someone’s residence, they must have a valid and enforceable search warrant. Without the search warrant, they may still be able to search the home, but they must have a valid warrant exception. Otherwise, the individual must have given law enforcement permission or any evidence they may have obtained will likely be thrown out because it was obtained illegally.
Firearm Safety | State of Michigan – This website provided by the State of Michigan provides resources for gun owners to keep their guns safe.
Firearm Laws of Michigan | Michigan Legislature – This resource details all of the applicable firearm laws in Michigan.
Bloomfield Hills Manufacture, Sale, Or Possession Of Prohibited Weapons Lawyer | Oakland County, MI
An arrest may be frightening, but it does not always result in a conviction. In many cases, there are defenses available to the defendant that may help lead to a dismissal or reduction in the charges. If you’ve been accused of manufacture, sale or possession of prohibited weapons in Michigan, call Dallo Law, P.C.. J. Dallo and his experienced legal staff have years of experience fighting firearm and weapons crimes. He can utilize the resources, skills, and dedication to aggressively represent you in court.
Dallo Law, P.C. can be reached at (248) 283-7000 and accepts clients throughout the greater Oakland county and Macomb county Michigan area.