The Michigan Penal Code and Firearms Act (MCL 750.224a) was recently amended to allow the possession and reasonable use of device that uses electro-muscular disruption technology (EMD device), commonly known as a Taser, by a Michigan Concealed Pistol License (CPL) holder who has been trained in the use, effects, and risks of the device. 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 other person who sells a Taser to a Michigan CPL holder must verify that person does hold 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 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.
When carrying a Taser a CPL holder must do the following: (1) have their CPL in their possession at all times. (2) show their CPL and driver 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.
Michigan Criminal Defense Attorney must be consulted when your freedom or your right to carry a concealed weapon is in jeopardy.
Michigan Firearms and Weapons Defense Lawyers
If you, or a loved one, are faced with violation of the Michigan Penal Code and Firearms Act for improperly carrying or using a concealed weapon, it is important that you be represented by an attorney who has extensive experience in concealed weapons cases. Your freedom and right to continue to be able to carry a concealed weapon is in jeopardy, you should not trust your future on an attorney from the telephone book or a friend’s referral. It is important that you have someone standing up for you that have many years of experience handling cases like this. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have a decades of experience representing people accused of weapons offenses. Please contact LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a free consultation or kindly complete a Request for Assistance Form
and one of our attorneys will promptly contact you.
Disclaimer: Nothing in this blog should be considered legal advice and should not be relied upon in any way. Only an attorney personally hired to analyze your particular situation is qualified to give legal advice regarding the possession, use or sale of a Taser, firearm or other weapon.