Gun Charges Attorney in Michigan
By Daniel T. Geherin
The state of Michigan takes gun laws seriously, and the penalties you'll face in relation to a conviction reflect this fact. The state's rules and regulations for gun ownership and possession are wide-ranging, and the better you know them, the better prepared you'll be to protect your own legal rights. If you're facing a gun charge, you shouldn't delay reaching out for the focused legal counsel of an experienced gun charge attorney Michigan.
Types of Gun Crimes in Michigan
Michigan gun laws are expansive and address gun possession, gun ownership, gun manufacture, gun sales, and the use of a gun during a criminal activity.
Felony Firearm Charges
Most firearm charges in Michigan rise to the level of felony, which means they carry sentences of up to five years in prison and fines of up to $2,500. For example, carrying a concealed weapon without the requisite license in the state of Michigan is a felony. Gun laws and felony firearm possession in Michigan is serious business.
Examples of gun charges that are brought as misdemeanors include:
● Carrying a weapon where it doesn’t belong, such as in weapons-free school zones, houses of worship, theaters, hospitals, and sports arenas.
● Aiming, pointing, or brandishing a weapon without malice.
If you've been charged with a felony firearm charge, you need the caliber of criminal defense that only a skilled gun charges attorney in Michigan can provide.
Illegal Possession of a Firearm
There are some firearms that are illegal to possess in the state of Michigan, and there are some individuals who are barred from gun ownership entirely. Each of the following firearms, forms of ammunition, and accessories are illegal in the State of Michigan:
● Weapons that are fully automatic, including machine guns
● Short-barreled shotguns and rifles – other than when allowed by federal law
● Armor-piercing ammunition
● Mufflers and silencers
Those individuals whom Michigan bars from gun ownership include all the following:
● Anyone who is under the age of 18.
● Anyone who fails to answer at least 70 percent of the basic pistol safety questionnaire correctly.
● Anyone who is committed to an institution in relation to mental health problems or who is declared legally insane.
● Anyone who is a convicted felon – there are instances when the right to own a gun can be restored after three years.
Use of a Firearm in a Crime
When a weapon is introduced in the commission of a crime, the related charge can be enhanced along with the attendant penalties. This means that a misdemeanor gun charge can be levied as a felony.
Concealed Weapon Violations
In order to carry a concealed weapon – and in order to carry a weapon in your vehicle, whether concealed or not – you must have a concealed carry license. This applies everywhere but your home, your property, and your place of business.
Michigan Gun Laws
While Michigan citizens are protected by the Second Amendment, which affords us the right to own guns, this right is not without primary limitations. These include a requirement that all state and federal gun laws be scrupulously followed.
Some of the most common gun charges in the state include the following:
● The unlawful discharge of a gun
● Brandishing, aiming, or pointing a firearm in public
● Possession of a concealed weapon without the necessary license
● Felony firearm, which refers to a felon in possession of a firearm
Concealed Carry Laws
As mentioned, you need a concealed carry license to carry a concealed gun in Michigan. There are several basic requirements that you must meet in order to qualify for license, including:
● You must be at least 21 years old.
● You must be a citizen of the U.S. or an alien who is in the country legally.
● You must have completed a certified handgun safety training course.
● You can’t have a felony on your record, and you can’t have a felony charge pending.
● You must be a resident of Michigan who has resided in the state for at least six months.
● No prohibitions from carrying a gun can apply to you.
● You mustn’t have been dishonorably discharged from any of the armed forces.
There are certain misdemeanor convictions that can bar you from obtaining a concealed carry license if they occurred in the last 8 years.
Open Carry Laws
Anyone in the state of Michigan who is at least 18 years old and owns a legally registered handgun may open carry it anywhere except where doing so is prohibited by law. Open carry refers to carrying the firearm in a fully visible holster, and no concealed pistol license (CPL) is required. To carry the gun in a pocket, pocketbook, or backpack – or to conceal it in any other way – on the other hand, requires a CPL.
Whether you have a concealed gun carry license or not, it’s illegal to carry a gun in certain areas in the state of Michigan, including:
● Churches and other houses of worship
● Weapons-free school zones
● Sports arenas
● Daycare facilities
Penalties for Violating Gun Laws
Illegal weapons possession in Michigan is a felony that carries a prison sentence of up to 5 years and fines of up to $2,500, but this isn’t the end of the matter. Each of the following can exacerbate the charge and can lead to more considerable legal consequences:
● The gun crime in question took place in one of the prohibited places addressed above.
● The gun in question was used in the commission of another crime.
● The gun crime in question left someone injured.
Why Hire a Gun Charges Attorney in Michigan?
There are any number of reasons why having a seasoned Michigan gun crime defense attorney in your corner from the outset is to your advantage. To begin, they know the landscape of the legal system in Michigan, they have the experience and drive to help effectively and efficiently guide your case toward a favorable resolution that supports your brightest future. Building your strongest defense in the face of a misdemeanor or felony firearm charge is key, and your attorney will leave no stone unturned in their quest to gather all the available evidence and knowledgeably negotiate a beneficial resolution with the prosecution. This can involve having the charge dropped altogether, lessening the charge, or lessening the penalties faced – while ensuring that your rights are well protected.
Reach Out to an Experienced Firearm Attorney in Michigan Today
If you’re facing a gun charge, bringing a solid defense is paramount, and the savvy gun charge attorney in Michigan at Geherin Law Group in Lansing dedicate their practice to helping valued clients like you resolve their cases favorably. The outcome of your case will directly affect your future, which makes proceeding with skilled legal guidance on your side well-advised. To learn more about what we can do to help you, please don't wait to reach out and contact or call us at 734-263-2780 today.