Possession of a Taser with a Concealed Pistol License
In Michigan, a concealed pistol license holder may lawfully possess and reasonably use a taser.
A Michigan Concealed Pistol License (CPL) holder May Lawfully Possess a Taser.
The Michigan Penal Code and Firearms Act (MCL 750.224a) was recently amended to allow the possession and reasonable use of a device that uses electro-muscular disruption technology (EMD device), commonly known as a Taser, by a Michigan Concealed Pistol License (CPL) holder. The CPL holder must be trained in the device’s use, effects, and risks. However, all people allowed to carry a Taser under this amended statute are prohibited from using it against another person unless it is under circumstances that would justify that person’s lawful use of physical force. Violation of the statute is a two-year misdemeanor.
The amended statute requires that an authorized dealer or another person who sells a Taser to a Michigan CPL holder must verify that the person holds a valid Michigan CPL. The dealer must provide training on the use, effects, and risks of the Taser at the time of sale. The Taser itself must contain an identification and tracking system that dispenses, when used, coded material traceable to the purchaser through records kept by the manufacturer, and the manufacturer of the device has a policy of providing that identification and tracking information to a police agency upon written request of that agency.
Requirements of a CPL Holder in Possession of a Taser
When carrying a Taser, a CPL holder must do the following: (1) have their CPL in their possession. (2) show their CPL and driver’s license to a peace officer upon request. (3) immediately disclose to a peace officer that they are carrying a Taser concealed on their person or in their vehicle.
It is illegal to carry a Taser while under the influence of alcohol or a controlled substance or with a body alcohol level of .02 or more. Tasers are not permitted in schools, stadiums, and hospitals. A Michigan criminal defense attorney must be consulted when your freedom or right to carry a concealed weapon is in jeopardy.
Can you carry a taser with a CPL in Michigan?
Yes, in Michigan, individuals with a valid Concealed Pistol License (CPL) are legally permitted to carry a Taser, provided they meet specific requirements outlined in state law.
Where can you not carry a taser in Michigan?
In Michigan, individuals with a valid Concealed Pistol License (CPL) are permitted to carry a Taser, provided they have received appropriate training and the device includes an identification and tracking system. However, even with a CPL, carrying a Taser is prohibited in certain locations as outlined in MCL 28.425o.
Prohibited Locations for Carrying or Possession of a Taser (with a CPL) in Michigan:
- Schools or School Property
- Child Care Centers and Child-Placing Agencies
- Sports Arenas and Stadiums
- Bars and Taverns
- Places of Worship
- Entertainment Facilities with a Seating Capacity of 2,500 or More
- Hospitals
- Dormitories and Classrooms of Colleges and Universities
- Casinos
It’s important to note that “premises” do not include parking areas. Therefore, it is generally permitted to store a Taser in your vehicle while parked at these locations.
Can you possess a stun gun in Michigan?
A stun gun is a handheld device that delivers an electric shock upon direct contact with a person, temporarily incapacitating them. Unlike Tasers, which can project electrodes to a distance, stun guns require physical contact to be effective.
Under Michigan law, civilians are generally prohibited from possessing stun guns. According to MCL 750.224a, it is illegal for an individual to sell, offer for sale, or possess a portable device that directs an electrical current designed to temporarily incapacitate, injure, or kill, including stun guns. Violation of this statute is considered a felony, punishable by up to four years in prison and/or a fine of up to $2,000. Unlike a Taser, it is illegal to have possession of a stun gun, even with a CPL.
Michigan Firearms and Weapons Defense Lawyers
If you or a loved one faces charges under Michigan’s Penal Code and Firearms Act for improperly carrying or using a concealed weapon, it is essential that you obtain an attorney who has extensive experience in concealed weapons cases. If your freedom and right to carry a concealed weapon are in jeopardy, you should not trust your future to an attorney from a random advertisement or a friend’s referral. It is crucial that you have someone standing up for you who has many years of experience handling cases like this. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience representing people accused of weapons offenses. Possession of a taser with a CPL is legal, and we can defend you on any weapons-related charges.
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.
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