Detroit Firearms Lawyer
There’s a reason that the right to bear arms comes second only to freedom of speech, religion, and assembly in the Bill of Rights. Americans going all the way back to the Founding Fathers take the rights and responsibilities of gun ownership seriously. It’s one of the fundamental rights we hold, but also can be one of the most controversial.
Conversations about gun rights go back decades. The modern era of restrictions and reforms to gun rights started in the 1980s, with the attempted assassination of President Reagan and the subsequent enactment of the Brady Act by Congress in the wake of the serious injuries to Reagan staffer James Brady, who was shot in the assassination attempt. There has been push and pull on gun rights over the years, particularly in the wake of mass shootings in recent years in Aurora, Colorado, Tucson, Arizona, Newtown, Connecticut, and other places.
What Are Michigan Gun Laws?
While there are some federal laws in place regarding guns and gun rights, states also have enacted their own laws about when residents can carry guns, whether they can carry concealed guns, who is allowed to own guns, and what kinds of guns residents can legally possess. Michigan has more than three dozen statutes under the “Firearms” section of the Michigan Penal Code addressing those very types of questions with relation to guns and other types of weapons.
With so many laws on the books, it can be a challenge for gun owners to keep all of the rules and regulations straight — but if you’re a gun owner who runs afoul of one of those laws, you may find yourself facing a criminal charge. Firearms charges can be serious legal matters. Many are felony offenses, and the potential consequences of conviction may include:
- A jail or prison sentence
- Payment of costly fines and court costs
- Loss of your gun ownership rights
- A permanent criminal record that can cost your job or career
- Suspension or revocation of a professional license to teach, practice nursing, pharmacy, medicine, law, or another profession
- Changes to your immigration status if you’re not an American citizen, including loss of your immigration visa or green card, denial of your citizenship application, or deportation to your native country
When you face a firearms or weapons charge, a skilled lawyer for weapon charge can help you navigate the legal process and determine the best way to fight the charge. It’s important to have someone by your side in court with a thorough knowledge of Michigan’s firearms and weapons laws and how they apply to your situation, as well as how prosecutors and judges in the court where your charge is pending are likely to approach cases like yours.
Common Firearms Charges in Michigan
Michigan has numerous statutes regulating the use, possession, manufacturing and sales of firearms, and defining criminal offenses with regard to firearms. A few of the most common weapons charges seen in Detroit area courts include:
- Carrying a Concealed Weapon — It’s a felony in Michigan to carry a concealed pistol on your body or in your vehicle, unless you have a carry license. An experienced Detroit Firearms Lawyer can examine the details of your stop and arrest.
- Illegal Possession of a Firearm — It’s a felony offense in Michigan to possess certain kinds of firearms, firearm modifications, and ammunition. If convicted, you may be sentenced to a lengthy prison sentence and thousands of dollars in fines.
- Felons in Possession of Firearms — People who have felony convictions on their records are prohibited from possessing firearms unless they’ve met all conditions to have their rights restored. Illegal possession of a firearm by someone with a felony conviction is a separate felony offense that can result in years in prison and thousands of dollars in fines.
FAQS About Gun Charges in Detroit, MI
What Happens If I’m Arrested for a Gun Charge?
An arrest for a gun charge, which can be prosecuted under both state and federal law, leads to immediate booking and arraignment where bail is set. Due to the severity of these charges, which often carry mandatory minimum prison sentences (like the two-year minimum for felony firearm in Michigan), you must immediately retain an experienced attorney to investigate the legality of the police actions and challenge the evidence.
Is it Illegal to Have a Loaded Gun in My Car?
In Michigan, transporting a loaded gun in your car is illegal unless you meet specific legal requirements, which vary depending on the type of firearm. For pistols, you must possess a valid Michigan Concealed Pistol License (CPL) to legally carry the firearm loaded inside the vehicle (which includes the glove box, as Michigan law considers any pistol inside a vehicle to be “concealed”). If you do not have a CPL, a pistol must be unloaded, secured in a closed case designed for firearms, and stored in the trunk (or a location inaccessible from the interior if there is no trunk). For long guns (rifles and shotguns), they must always be unloaded and meet one of the transport conditions: taken down, enclosed in a case, carried in the trunk, or inaccessible from the interior.
Can I Be Charged If the Gun Wasn’t Mine?
Yes, you can be charged with a gun crime in Michigan even if the firearm is not legally yours or you were not physically holding it. Michigan law uses the concept of “constructive possession,” which means you are considered in possession if you have both knowledge of the firearm’s location and the ability or right to control it, either directly or through another person. This situation often arises when a gun is found in a car you are driving or in a home you occupy. Additionally, if you are a convicted felon, possessing, owning, or even being in control of any firearm, regardless of who legally owns it, is a separate felony offense.
Can I Claim Self-Defense or “Stand Your Ground”?
Michigan is a “Stand Your Ground” state, meaning you can claim self-defense and use deadly force without a duty to retreat if you are legally present in a location. To claim self-defense successfully, you must have an honest and reasonable belief that using that level of force was immediately necessary to prevent imminent death, great bodily harm, or sexual assault to yourself or another person. However, deadly force cannot be used to protect only property or to prevent a minor injury. If you were committing a crime yourself or used a gun illegally, the “Stand Your Ground” defense may not apply.
What Counts as Possession of a Firearm?
In Michigan, possession of a firearm includes two types: actual possession and constructive possession. Actual possession means you have direct physical control over the firearm, such as holding it or having it on your person or within immediate reach. Constructive possession is a broader legal concept meaning you have both the knowledge of the firearm’s location and the ability to exercise control over it, even if you are not physically touching it (e.g., a gun in the trunk of a car you are driving or in a room you control). For a prosecutor to prove illegal possession, they only need to establish one of these types beyond a reasonable doubt.
Can Gun Charges be Dismissed or Reduced?
Gun charges can often be dismissed or reduced through a strong defense strategy. The primary way to secure a dismissal is by filing a Motion to Suppress Evidence if the firearm was obtained through an illegal traffic stop, search, or seizure that violated your constitutional rights; if key evidence is suppressed, the case often fails. If dismissal is not possible, a skilled attorney can negotiate with the prosecutor for a reduction of the charge to a less severe offense, or a lesser sentence like probation, especially when there are weaknesses in the prosecution’s evidence or the defense can successfully challenge the element of possession.
What is a Federal Firearm Enhancement?
A federal firearm enhancement is a severe mandatory minimum sentencing provision under federal law, primarily 18 U.S.C. § 924(c). This law is not a standalone charge but is added to another felony (known as a predicate offense), typically a crime of violence or a drug trafficking crime, when a firearm was used, carried, or possessed in furtherance of that felony. The penalty is harsh because the mandatory minimum sentence, starting at five years for mere possession and increasing to seven years if brandished or ten years if discharged, must be served consecutively (stacked on top of) the sentence for the underlying felony.
Knowledgeable Defense For Your Detroit Weapons Charge
If you or a family member has been charged with a firearms or weapons offense, an experienced Detroit Firearms Lawyer at Davis Law Group PLLC is committed to fighting to preserve your 2nd Amendment as a gun owner, and to work aggressively to get the best possible outcome for your case.
We have experience with weapons offenses on both sides of the criminal process — both prosecution and defense — which puts us in a strong position to be able to defend you. We know the law and we know how prosecutors think. Let us put our experience to work for you.
For more information about how we might be able to help you in a criminal firearms or weapons case, contact us for a free legal consultation with a Detroit, MI criminal defense lawyer at Davis Law Group PLLC.
Charged with a firearm offense? Contact us today.
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