Carrying a Firearm With Unlawful Intent

If you face felony charges of Carrying a Firearm With Unlawful Intent, you already know the situation is serious, and your defense must be strong, aggressive, and effective.

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Any Defense or Charge Hinges on the Accused’s Intent

Michigan’s Carrying a Firearm With Unlawful Intent law, MCL § 750.226, makes it a felony to carry or possess a firearm or dangerous weapon with the intent to use it unlawfully against another person. That includes:

Pistols and other firearms
Pneumatic guns (air guns)
Daggers, dirks, stilettos, razors
Knives with blades over three inches
Other dangerous or deadly weapons or instruments

What is the possible penalty for carrying a firearm with unlawful intent? A conviction for carrying a firearm with unlawful intent may result in up to five (5) years in prison, years on probation, and a fine of up to $2,500.

Key Elements the Prosecution Must Prove

To secure a Carrying a Firearm With Unlawful Intent conviction under MCL 750.226, the state must prove each of the following beyond a reasonable doubt:

The accused carried (or possessed) a firearm, dangerous weapon, or instrument.
They did so with intent to use it unlawfully against the person of another.
The weapon was capable of being used (or was a type of weapon recognized by the statute).

Because “intent” is subjective, the prosecution usually builds its case with circumstantial evidence: where the accused was, what they said, how they carried the weapon, the accused’s conduct before and after the incident, or connections to other criminal acts.

Carrying a Firearm With Unlawful Intent penalty

Types of Weapons Covered

The statute captures a broad array of weapons, whether obviously dangerous or not. A hammer, baseball bat, or utility tool could qualify, depending on how the accused used or intended to use it. Michigan courts consider:

the weapon’s design
how the defendant carried it
the context in which the weapon was found

Defenses to Carrying a Firearm With Unlawful Intent Charges

There are several defenses to firearm charges, including carrying a firearm with unlawful intent allegations. The defense lawyer may use some defenses to argue for a dismissal or acquittal; other defenses can lead to a lenient plea bargain or sentence. A few examples of viable defenses are as follows:

Lack of Unlawful Intent – Arguing you carried the weapon without any plan to use it unlawfully is often the strongest defense. Evidence might show you carried for protection or other lawful reason. If the jury has a reasonable doubt about your intent, they must acquit.

Self-Defense or Defense of Others – If you believed you faced imminent harm, you might argue that your intent was defensive, not offensive. This defense only applies if the belief was reasonable under the circumstances.

Illegal Search and Seizure – If law enforcement discovered the weapon via an unlawful search, your attorney can move to suppress the evidence. If suppression succeeds, the prosecution may lack critical proof.

Mistaken Identity or False Accusation – You may contend you had no role in the incident, or the accusation misidentifies the actor. Witness testimony, video surveillance, or alibis may strengthen your defense.

Challenge Weapon Classification or Operability – You may challenge whether the item truly qualifies as a “dangerous weapon” under the statute, or argue it was inoperable (or incapable of use) at the time.

Negotiation and Reduction – In some cases, your attorney can negotiate with the prosecutor to reduce the charge to a lesser offense or for dismissal.

Carrying a Firearm With Unlawful defense attorney

Collateral Consequences of a Conviction

A Carrying a Firearm With Unlawful Intent conviction carries more than the possibility of prison and fines. It often triggers severe collateral fallout:

Loss of firearm rights under both state and federal law
Difficulty in restoring those rights
Impacts on employment, professional licenses, housing, and reputation

FAQs About Carrying With Unlawful Intent

How is this different from simply possessing a gun illegally?

Possession charges focus purely on whether you had the gun. Under § 226, the unique hurdle is proving you intended to use the weapon unlawfully.

Can I claim I carried it for protection?

Yes, but your claim must be credible and supported by facts. The jury must believe your protective intent was genuine and reasonable.

Is the evidence mostly circumstantial?

Yes. Rarely does someone admit, “I intended to harm.” Prosecutors typically build the case using your behavior, statements, and context.

Do I risk mandatory jail time?

No. The Carrying a Firearm With Unlawful Intent statute does not impose a mandatory minimum. However, up to five (5) years is possible, and a judge will decide the sentence based on guidelines, your record, personal circumstances, severity of the offense, and case complexity.

Should I talk to the police if charged?

No. Do not answer questions or make statements without an attorney present. The government will use anything you say against you.

Why Choose LEWIS & DICKSTEIN, P.L.L.C.

At LEWIS & DICKSTEIN, P.L.L.C., we devote ourselves to defending serious weapons offenses in Michigan. We analyze evidence, hunt for constitutional flaws, and mount aggressive defenses. We understand that carrying a firearm with unlawful intent charge demands strategic thinking and relentless advocacy. You can expect the highest level of defense from our team. If you face a charge of carrying a firearm with unlawful intent, call us right away for a free consultation. We will review your case, explain your options, and guide you toward the strongest defense possible.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.