Transferring or possessing a short-barreled firearm.
In Michigan, prosecutors are notoriously tough on firearms charges and judges frequently impose severe sanctions. You will want a lawyer who has a track record of successfully defending clients on firearms charges.
Short-barreled shotguns (SBS) are defined by statute as a shotgun having one or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification or otherwise if the weapon as modified has an overall length of fewer than 26 inches.
Short-barreled rifles (SBR) are defined by statute as a rifle having one or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification or otherwise if the weapon as modified has an overall length of fewer than 26 inches.
Either an SBS or SBR that is 26 inches or less in length is considered a pistol and subject to all Michigan laws that apply to pistols. If an SBS or SBR is longer than 26 inches in length, a person who possesses either must possess a copy of the federal registration of that gun while transporting or using it and shall present the federal registration to a police officer upon request. Failure to do so is a state civil infraction.
Seizure and Forfeiture of SBR or SBS greater than 26 inches in length
If a person possesses an SBS or SBR greater than 26 inches in length and does not have the federal registration, as required. The SBS or SBR is subject to immediate seizure by the police officer. If that should happen, a person has 45 days to display the proper registration. If the person is prohibited from having the gun for some other reason, the SBS or SBR is to be returned to them. If the 45 day period lapses without production of the federal registration, the SBS or SBR is subject to seizure and forfeiture.
Michigan Criminal Defense Attorney with expertise in firearms laws
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience practicing only criminal law. If you, or someone you know, is charged with any type of firearms violation, please contact LEWIS & DICKSTEIN, P.L.L.C. We will put our knowledge, professionalism, and experience to work for you.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.