The Second Amendment of the U.S. Constitution guarantees all Americans the right to bear arms. However, gun owners are also legally required to follow both federal and state gun laws and regulations. If you have been charged with a gun crime in Michigan, it is crucial to be aware of the charges you face, as well as your legal rights.
Experienced Flint criminal lawyer Shaun R. Marks represents clients facing gun charges, such as illegally carrying a concealed weapon. If you have recently been charged with a gun crime, Shaun is ready to evaluate your case and help you build a strong defense strategy. Get in touch with our firm today at (866) 986-5492 to discuss your case in a free consultation.
Types of Gun Crimes in Michigan
Michigan has numerous state laws that regulate the purchase, possession, and access of firearms. If you are facing any of the following charges, you should strongly consider discussing your case with a criminal defense lawyer experienced in gun crime cases.
Illegal Possession of a Concealed Weapon
Michigan law prohibits the possession of a concealed weapon outside of the owner’s property unless the owner has a concealed pistol license (CPL). If you do not have this permit and are arrested with a concealed weapon, you could face felony charges. If convicted, you could face up to 5 years in prison and up to $2,500 in fines.
Firearm Possession by a Felon
Under Section 750.224f of the Michigan Penal Code, individuals who are convicted of felonies are legally prohibited from possessing, using, selling, purchasing, transporting, carrying, shipping, receiving, or distributing firearms for either three or five years, depending on the charge. This period begins after all fines have been paid, all jail time has been served, and all other sentence conditions have been fulfilled. Individuals who violate this law face additional felony charges, with penalties of up to 5 years in prison and up to $5,000 in fines.
Possession of Illegal Firearms
The types of firearms available to the public are strictly regulated. Many types of firearms, ammunition, and modifications are considered illegal in Michigan, including:
- Short-barreled shotguns and rifles
- Armor-piercing ammunition
- Semi-automatic firearms that have been modified into fully automatic, or teaching someone how to conduct this modification.
Under Michigan law, the making, manufacturing, transferring, or possession of any of these items is considered a felony. Offenses related to short-barreled shotguns are punishable by up to five years in prison and up to $2,500 in fines, while those involving armor-piercing ammunition or modified semi-automatic weapons are punishable by up to four years in prison and fines up to $2,000.
Firearm Possession During Commission of a Felony
If you possess a firearm while committing a felony, an additional felony gun offense will be added to the charges. According to Section 750.227b of the Michigan Penal Code, a conviction for this felony gun offense carries a mandatory penalty of to two years in prison for a first offense, five years for a second offense, and 10 years for third and subsequent offenses.
Firearm Possession in a Prohibited Place
Although a concealed carry permit may allow you to carry a firearm outside of your home and vehicle, Michigan law bans firearms in the following places:
- Schools and school property, but parents and legal guardians may have a gun in their vehicle when picking up or dropping off their children at school.
- Classrooms and dormitories of universities, colleges, and community colleges
- Hospitals
- Public and private daycare centers, childcare agencies, and child-placing agencies
- Stadiums and sports arenas
- Churches, synagogues, mosques, and temples, unless the owner gives permission
- Entertainment facilities with at least 2,500 seats
- Bars and taverns
- Casinos
- Courtrooms, court offices, correctional facilities, and other judicial system buildings
First-time offenders face a state civil infraction, with a $500 fine and a 6-month suspension of their concealed pistol license (CPL). A second offense is a 90-day misdemeanor with a $1,000 fine and the revocation of the CPL. Third and subsequent offenses are 4-year felonies, with up to $5,000 in fines and a CPL permit revocation.
Consequences of Gun Crime Convictions
If you are facing gun charges in Michigan, understanding the potential consequences of a conviction is essential. In addition to legal penalties like fines and jail time, a conviction can cause various other long-term difficulties.
Legal Penalties
The severity of gun crime conviction penalties depends on factors like the nature of the offense, prior criminal history, and other circumstances. These penalties may include imprisonment, fines, probation, or mandatory counseling. In some cases, penalties may be reduced if the defendant agrees to a plea bargain, where they plead guilty to a lesser charge in exchange for a lighter sentence.
Impact on Future Opportunities
Beyond the immediate legal ramifications, a gun crime conviction can have lasting effects on various aspects of your life. Individuals with felony gun charge convictions on their criminal records may struggle to find employment, housing, or educational opportunities.
Loss of Firearm Rights
Felony gun crime convictions typically result in the loss of the right to own a firearm. Individuals convicted of serious offenses may face restrictions on owning, purchasing, or possessing firearms. This loss of rights is typically for either three or five years, depending on the charge.
Social and Personal Difficulties
The consequences of a gun crime conviction go beyond the legal and practical aspects, as it can also affect your social standing and personal relationships. Those with felony gun convictions often face challenges regarding their public perception, strained family dynamics, and potential isolation within the community.
How Can a Gun Crimes Lawyer Help?
Due to the severe penalties and other consequences of a conviction, those facing gun crime charges in Michigan should strongly consider speaking with an experienced Michigan gun crimes lawyer. A lawyer with experience in similar cases can use their experience and knowledge to guide you through the legal system and build a legal defense to the charges. Let’s look at some of the benefits of hiring an attorney.
Helping You Understand Your Rights
Going through the criminal justice system can be incredibly stressful and overwhelming. An experienced criminal defense lawyer can stand by your side throughout this process, ensuring you understand your rights and providing clarity on complex legal procedures.
Evaluating Your Case
After hiring a criminal defense lawyer, one of their first steps is to investigate your case thoroughly. Your lawyer will visit the location of your arrest, speak with witnesses, examine all physical evidence, and review all documentation of the arrest. In some cases, the lawyer may find holes in the prosecution’s case that could potentially result in reduced or dismissed charges, or a not-guilty verdict if the case does go to trial.
Building a Defense Strategy
An experienced Michigan gun crimes defense lawyer can use the circumstances of your case, their extensive knowledge of firearms laws, and their experience in similar cases to craft a strong legal defense. Depending on the case, the lawyer may be able to challenge the admissibility of evidence, present alternative interpretations of events, or expose procedural errors that could weaken the prosecution’s case.
Negotiating With the Prosecution
Negotiation skills are a key trait in successful criminal defense lawyers. Your lawyer may negotiate with the prosecution for an agreeable outcome that does not require going to trial, such as a favorable plea deal or reduced charges. If the case does go to trial and you are convicted, your lawyer may be able to negotiate for alternate sentencing arrangements, depending on the offense and the circumstances of the case.
Legal Representation in Court
If your case goes to trial, you will need strong legal representation in the courtroom. Your criminal defense lawyer can advocate for your rights and present a compelling case before the judge and journey. Their expertise in legal proceedings and comprehensive understanding of gun laws can both be useful as they argue on your behalf.
Michigan Gun Crimes FAQ
Can You Carry a Concealed Weapon While Intoxicated?
According to the Michigan State Police, it is illegal to carry a concealed weapon while under the influence of liquor or a controlled substance, or while under the influence of any other type of alcohol with a BAC of .02 or higher.
Similar to a driver’s license, individuals who accept a concealed pistol license give implied consent to submit to chemical tests. If a police officer has probable cause to believe that someone carrying a concealed weapon is under the influence, they may require that person to take a chemical test of their breath, blood, or urine.
If someone is carrying a concealed weapon while over the legal limit of .02, they face serious consequences. The officer will immediately seize the weapon. If convicted, the suspect can face various penalties depending on their BAC:
- .02-.07 – A state civil infraction with a $100 fine and a one-year CPL suspension.
- .08-.09 – A 93-day misdemeanor with a $100 fine and a three-year CPL suspension
- .10 or higher – A 93-day misdemeanor with a $100 fine and CPL revocation.
What Should I Look For When Hiring a Gun Crimes Lawyer?
When facing gun crime charges in Michigan, selecting the right criminal defense lawyer can potentially impact the outcome of your case. The following tips can aid in your search for a lawyer that meets your needs.
Factors to Consider
Hiring a lawyer with experience in gun crime cases, ideally in the specific charges you face, should be a top priority. This helps ensure an understanding of relevant laws, precedents, and potential defenses. Lawyers with specialized knowledge in gun crime cases are better able to craft effective legal strategies tailored to your unique case. In addition, inquire about the lawyer’s track record and success in securing favorable outcomes for clients facing similar charges.
Ask Questions
Prepare a list of pertinent questions to ask potential lawyers during the initial consultation. Ask about their familiarity with local gun laws, their approach to building a defense strategy, and their experience in negotiating with prosecutors.
Client Testimonials
Testimonials from past clients can provide valuable insights into a lawyer’s reputation and the quality of their legal services. Explore reviews and testimonials from previous clients to gauge their satisfaction and the lawyer’s effectiveness in handling gun crime cases.
How to Approach the Case Evaluation and Initial Consultation
Many lawyers offer an initial consultation to evaluate your case. Take advantage of this opportunity to present details, discuss potential strategies, and determine how comfortable you feel working with the lawyer. You can also use this consultation to gain clarity on legal fees, communication practices, and the overall approach to handling your case.
Learn More From Our Flint Gun Crimes Lawyers
Have you recently been arrested on gun crime charges in Flint? Because of the harsh legal penalties and other life-altering consequences, a strong legal defense is key. Experienced Flint criminal defense lawyer Shaun R. Marks represents clients in all types of Michigan gun crime cases. Get in touch with Shaun today at (866) 986-5492 for a free case evaluation.
