Can a Criminal Charge Take Away Your Gun Rights in Michigan?
By Daniel T. Geherin
There are thousands of proud gun owners and enthusiasts in Michigan. Michigan residents use firearms for many reasons, including hobbies (target shooting), recreational sports (hunting), and home or self-protection. Many go the extra mile and apply for a permit to carry their guns in a concealed fashion through a Concealed Pistol License (often called a "CPL," or "Carry Permit").
What happens when a proud gun owner is charged with a crime in Michigan? Can the State take away a person's right to own, possess, buy or carry a firearm? The short answer is "Yes." Many criminal charges and convictions can result in a prohibition against owning, purchasing and possessing guns.
Dan Geherin, owner of the Geherin Law Group PLLC. in Ann Arbor, is an affiliate attorney with the Armed Citizens Legal Network. Dan has prosecuted and defended thousands of firearms cases in his 25-year criminal justice career. As a former prosecutor, Dan handled gun offenses while assigned to two gang units in Los Angeles. As a board-certified criminal defense attorney in Ann Arbor Dan has defended countless criminal allegations in courtrooms throughout Southeastern Michigan.
Almost every day, GLG Michigan takes calls from people who are charged with a crime and are concerned about their gun rights. Questions arise such as this:
"I am charged with a crime, can that affect my CPL rights?"
"I was arrested for domestic violence and the police seized my guns, is that legal?"
"If I am on probation, can I still own firearms?"
"If I get convicted of a felony, can I ever possess a gun again?"
If you're arrested and arraigned, you're told to surrender all weapons to the police-especially if you were charged with a domestic violence allegation. These weapons are typically not returned until the end of a case, and often only when the defendant is found not guilty or has charges dismissed. When a person is convicted of a misdemeanor or felony offense and then placed on probation, they're customarily ordered not to possess or purchase any firearms, requiring them to turn over weapons to law enforcement or sell them. For many felony convictions, a person must wait a period of time after probation (3-5 years typically) before they can apply for their gun rights to be restored. If a person has a CPL, they often lose that privilege once arrested---even before a conviction-and must wait years before their county will restore their Carry Permit.
Those faced with a criminal charge have a lot to be worried and anxious about - Including the fear of going to jail and losing their reputation. The prospect of losing their gun rights often exacerbates the situation. If you've been charged with a crime in Michigan you should seek the best criminal defense attorney in Ann Arbor like Dan Geherin and his team at GLGMichigan. If you're being investigated or charged in Washtenaw County or throughout Southeastern Michigan and are concerned about your rights to possess, own or purchase firearms, please contact Dan Geherin and his team immediately. We're available 24/7, and we have the resources, reputation and experience to defend all criminal allegations and answer any questions related to your gun rights.
Schedule your consultation online, or call 24/7 (734) 263-2780.
GLG Michigan: Defending criminal allegations throughout Ann Arbor, Washtenaw County and Southeastern Michigan.