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 with a track record of successfully defending clients on firearms charges.
Short-Barreled Shotguns are Illegal in Michigan
Short-barreled shotguns (SBS) are defined by statute as a shotgun with 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. Police and prosecutors view these cases rigidly and frequently seek short-barreled shotgun charges.
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. Possession of a short-barreled shotgun can result in serious felony charges.
Registration Requirements for a Short-Barreled Shotgun
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 a 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 other reasons, the SBS or SBR will not be returned. If the 45-day period lapses without production of the federal registration, the SBS or SBR is subject to seizure and forfeiture. Forfeiture might be instead of or contemporaries with short-barreled shotgun charges.
Possession of a Short-Barreled Shotgun with a Prior Felony Conviction
Individuals with a prior felony or domestic violence conviction might be prohibited from possessing, transporting, selling, or receiving a firearm under Michigan and Federal law. If you have a prior felony or domestic assault conviction, consult an experienced license restoration lawyer before you make a potentially dire mistake.
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 a firearms violation, including short-barreled shotgun charges, please get in touch with LEWIS & DICKSTEIN, P.L.L.C. for a free consultation. We will put our knowledge, professionalism, and experience to work for you. If there is a way to help, and there almost always is, we will find it and do whatever is necessary to achieve an extraordinary result.
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.