Under Michigan Law § 750.224b, it is illegal to make, transfer, or possess a short-barreled shotgun or rifle. If an individual is found guilty of this felony, they may face a prison sentence of up to five years and a fine of up to $2,500.
In Michigan, a shotgun is considered short-barreled if the barrel is less than eighteen inches in length or if the shotgun is modified to have an overall length of fewer than twenty-six inches. A rifle is considered short-barreled if the barrel is less than sixteen inches in length or has an overall length of fewer than twenty-six inches.
Under federal law, an individual may lawfully manufacture, transfer, or possess short-barreled shotguns or rifles with the proper registration. To legally possess these firearms in Michigan, the individual must carry the federal registration for the firearm at all times when transporting or using the firearm and present the registration upon request. Failure to produce the federal registration can result in a state civil infraction, a $100 fine, and the immediate seizure of the firearm.
Michigan Manufacture, Sale, Or Possession Of Short-Barreled Shotgun Attorney
If you have been arrested for manufacture, sale, or possession of a short-barreled shotgun in Michigan, you could potentially face serious penalties including fines, probation, community service, and prison time. Conviction for this offense will also lead to a permanent criminal history that may cause you to lose your job and prohibit you from obtaining housing.
Thankfully, J. Dallo at Dallo Law, P.C. is an expert criminal defense attorney who can assist you with your case every step of the way. He is prepared to provide you with excellent legal representation that could protect your rights and future.
Dallo Law, P.C. can be reached at (248) 283-7000 and accepts clients throughout the greater Oakland county and Macomb county Michigan area.
Information Center
- Why Are Short-Barrels More Dangerous?
- Penalties for Manufacture, Sale, Or Possession Of Short-Barreled Shotgun
- Potential Defenses for Manufacture, Sale, Or Possession Of Short-Barreled Shotgun
- Unlawful Arrest
- Incorrect Identification Of Firearm Or Weapon
- Improper Search Warrant And Illegally Seized Evidence
- Additional Resources
Why Are Short-Barrels More Dangerous?
Many people wonder why short-barrel shotguns and rifles are more dangerous and illegal when their normal-length counterparts are extremely common and used for multiple legal purposes in the State of Michigan. Well, it does not actually have to do with the weapons’ power. A short-barreled rifle or shotgun is more likely and easily concealed.
The main purpose of the statute is to prevent weapons that would otherwise be legal if they were the normal length from being concealed in a way that is more difficult to detect. There is also an argument that a short-barreled shotgun is much more difficult to control and aim, providing a greater chance of injury even when treated properly. With the increase in danger, the Michigan legislature decided to make it illegal to own or use in the state.
Penalties for Manufacture, Sale, Or Possession Of Short-Barreled Shotgun
Under Michigan law, if an individual is charged with possessing a short-barreled shotgun, they will face a felony charge which will be punishable by up to five years in prison and a fine of up to $2,500. Recent Michigan cases have given judges the authority to decide “reasonable” sentences for criminal convictions. An experienced attorney on the accused individual’s side can help them negotiate a more reasonable penalty for this type of crime.
But with any level of a criminal conviction, the conviction will go on the individual’s criminal record. Once an individual has a criminal record, it can be found by potential employers, housing authorities, and banks. The greater the weight of the charge, the more effects will be present in the individual’s everyday life. It is very important to consider the other effects that a weapons charge will have on an individual’s life when looking to hire an attorney. If we can find a defense in the case, there is a chance the individual might not have a criminal record, and none of these implications would happen.
Potential Defenses for Manufacture, Sale, Or Possession Of Short-Barreled Shotgun
Prosecutors must prove each element of the crime beyond a reasonable doubt. Defenses often create reasonable doubt. Other defenses may lead to suppression of evidence or other results helpful to a defendant’s case. Even if a defense cannot completely eliminate the charge, it may help to reduce the jail time and penalties served for the sentence. Some of the possible defenses we will explore on the individual’s behalf are:
- The arrest was unlawful
- The firearm in question was not truly short-barreled
- The search warrant used was not obtained correctly
- The evidence was obtained illegally
Unlawful Arrest
If an individual was arrested for illegally possessing 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, including 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 used as a defense to incriminating statements made in custody.
Incorrect Identification Of Firearm Or Weapon
For this crime to be charged, the firearm or firearms in question must actually be the items law enforcement thought they were at the time of the arrest. If the law enforcement officers incorrectly identify a firearm when they make the arrest and later find out that the weapon was not truly a short-barreled shotgun or rifle, it may be a defense to the charges. A skilled attorney will ensure that law enforcement officers have not incorrectly identified the firearm 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 involves assessing whether 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 is likely suppressible.
When we think law enforcement has found evidence through an illegal search and seizure, we will bring what is called 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.
Additional Resources
Firearm Safety | State of Michigan – This website provided by the State of Michigan provides safety-related resources for gun owners.
Firearm Laws of Michigan | Michigan Legislature – This is a resource of all of the applicable firearm laws in Michigan.
Bloomfield Hills Manufacture, Sale, Or Possession Of Short-Barreled Shotgun Lawyer | Oakland County, MI
If you need legal guidance regarding manufacture, sale, or possession of a short-barreled shotgun in Michigan, Dallo Law, P.C. can assist you. Attorney J. Dallo has significant experience defending people against firearm and weapons charges and can provide trustworthy advice.
Contact experienced criminal defense lawyer J. Dallo at (248) 283-7000 today for a free consultation. Dallo Law, P.C. accepts clients throughout Macomb County and Oakland County including Bloomfield Hills, Pontiac, Warren, Easpointe, Utica, St. Clair Shores, Sterling Heights, Roseville, Rochester Hills, Novi, Waterford Township, Southfield, Troy, Royal Oak, and Clarkston.