The State of Michigan takes weapons charges very seriously, particularly in suburbs near urban areas where gun violence is high. Prosecutors in Oakland County, Macomb County, Wayne County and other counties in Southeastern Michigan, have a reputation for being over zealous in the prosecution of these offenses. If you have been charged with violating a gun or weapons statute you could be facing serious prison time. An experience, tenacious criminal defense attorney can help you understand your case and protect your constitutional and legal rights in court. If you would like a free consultation with an aggressive and effective Criminal Defense Attorney, please call LEWIS & DICKSTEIN, P.L.L.C.
at (248) 263-6800 for a consultation about your criminal gun / firearms / weapons case today.
Concealed Weapons MCL 750.227
Carrying a concealed weapon in Michigan can result in serious felony charges. If you are found to be carrying a concealed weapon on your person, you may face up to 5 years in prison and $2,500 in fines. If you are licensed to carry a concealed firearm, you must do so consistent with the rules issued at time of licensing.
“What about carrying it on my property?”
The offense of carrying a concealed weapon does not apply to carrying a weapon within your home or on your property.
Possession of Firearms on Certain Premises MCL 750.234d
There are certain locations where carrying a firearm is strictly prohibited. Those locations include:
• Sports arenas
If you are found in possession of a firearm in one of these locations, and you have a concealed weapons permit (CPL) you will face misdemeanor charges and a potential sentence of up to 90 days in jail and $100 in fines.
Felon in Possession of a Firearm MCL 750.224f
If you have a prior felony conviction you must meet certain requirements before you are lawfully allowed to carry a firearm (at least according to the State of Michigan). If you, as a felon, are caught in possession of a firearm, you could be facing felony charges and a mandatory, consecutive prison term of 2 years or 5 years (for a second offense) along with potential fines of up to $5,000.
“I’m a felon; how do I know if I can carry a firearm?”
The criterion for a felon to be able to possess a firearm again in Michigan depends on their original felony charge. The requirements are lengthy and vary. If you are unsure if you meet the criteria, your best option would be to contact an experienced Michigan weapons attorney for advice on your situation.
This statute does not apply to those who’s felony charges have been expunged or pardoned unless it was a specified term of the pardon, that the felon not carry a firearm.
Carrying a Dangerous Weapon
with Unlawful Intent MCL 750.226
If you are caught carrying a firearm or other dangerous weapon with the intention of using it against someone or to commit a crime you may be charged with this felony. Weapons included in this statute are:
• Pistols or any other firearm
• Knife with blade longer than 3 inches
If you are convicted of this charge you can be sentenced to up to 5 years in prison and fines reaching up to $2,500.
“How can they prove Unlawful Intent?”
They may not be able to. A great Michigan Criminal Defense Attorney may be able to help prevent the prosecution from being able to prove criminal intent. Hiring a great lawyer may give you the opportunity to get the charges reduced or dropped. If you believe you are being unfairly charged with carrying a dangerous weapon with unlawful intent in Michigan, contact LEWIS & DICKSTEIN, P.L.L.C.
right away for a criminal case evaluation
Illegal Weapons MCL 750.224
There are several weapons that are not allowed at all in Michigan. The State has determined that they serve no legal purpose and has banned them altogether. Those outlawed weapons include:
• Machine guns
• Short barreled shotguns (MCL 750.224b)
• Silencers or mufflers (designed to muffle the sound of gun fire)
• Metal knuckles, billy clubs, or “bludgeons”
• Device designed to release a gas or other substance designed to render someone disabled, either temporarily or permanently
If you are found in possession of, manufacturing, or selling any of these weapons, you may be charged with a felony, facing up to 5 years in prison and no more than $2500 in fines.