Weapons Charges Attorneys in Detroit, Michigan
Although Americans enjoy a Second Amendment right to bear arms, the details regarding how that right is exercised differ from state to state. Michigan law allows both conceal and open carry. Michigan also observes the Castle Doctrine, which allows you to “stand your ground.”
None of this means guns can be purchased, possessed, carried, and used without limitations. In light of the increase in gun-related crimes throughout the United States during the height of the COVID-19 pandemic, law enforcement began cracking down on gun crimes. In 2021, some 27% of all felony cases filed in the Third Circuit in Wayne County, Michigan, were crimes involving conceal-carry violations. That compares to only 5% in 2018 and 2019.
Even some people who believe they are obeying Michigan’s gun laws are arrested for weapons charges. Such charges have a lasting and negative impact on those convicted of them. The best way to fight back under any circumstances is to hire an experienced and tenacious criminal defense attorney.
At Detroit Legal Group PLLC, we are strategic in negotiations with the prosecution and aggressive in the courtroom. We defend clients charged with weapons crimes in Detroit, Dearborn, Southfield, and Warren, Michigan.
What Are Some of the Common
Weapons Charges in Michigan?
There are some obvious common gun crimes in Michigan, such as unlawfully discharging a firearm, carrying a concealed dangerous weapon or firearm unless you have a permit to do so, criminal possession of a deadly weapon, brandishing a firearm in public, and illegally selling or purchasing a firearm.
There are some that are common but less obvious. Even if you have a concealed carry license, you cannot have one on your person or in your vehicle if your blood alcohol content is .02 or higher or if you have used any controlled substance. You may also face charges for buying or possessing an illegal weapon. Specific alterations to legally purchased and possessed weapons can also result in your arrest.
Finally, using a firearm or dangerous weapon in the commission of a crime is a common weapons charge.
What Is the Unlawful
Carrying of Weapons?
Under Michigan law, you cannot carry a legally purchased weapon as you wish. For example, a handgun in a vehicle cannot be displayed openly. Therefore, you need a concealed carry permit to possess one in your vehicle. To apply for a concealed carry permit, you must be at least 21 years of age and qualified to apply, unless you are serving in the military. In that case, you must be at least age 18.
Tasers and stun guns can only be purchased and possessed by those with concealed carry licenses. Possession otherwise is unlawful.
Moreover, the possession or use of a weapon during the commission of a felony is unlawful, regardless of the user’s legal possession of the weapon.
What Is Michigan’s Open
Handgun Carry Law?
Michigan law permits adults ages 18 and older who are allowed to carry a handgun, purchased one legally, and have it registered in their name to openly carry the handgun.
Residents of other states may also openly carry firearms so long as they have a permit from their state to do so.
Where Are Weapons
Prohibited in Michigan?
Even with a permit, you cannot carry a concealed weapon on school property, daycare centers, sports venues, bars, religious facilities, entertainment venues seating more than 2,500 people, college and university buildings, hospitals, airports, casinos, courthouses, and anywhere prohibited by federal law.
What Weapons Are
Unlawful in Michigan?
Regardless of how you came into possession of them, sawed-off or short-barrel shotguns and rifles, assault-style and automatic weapons, silencers, and armor-piercing ammunition are prohibited under Michigan law.
Other weapons are illegal in Michigan, including automatic opening knives and switchblades, brass knuckles, stilettos, dirks, and double-edged daggers. Hunting knives may be used for hunting but cannot be carried in a vehicle.
What Are the Possible Penalties
for Weapons Convictions?
Weapons violations may be charged as misdemeanors or felonies, depending on the situation. Misdemeanor convictions could result in jail time, probation, and fines. Felony convictions could also result in fines and probation, along with a prison sentence of one to ten years or more for those with prior felony convictions.
Weapons Charges Attorneys Serving
Prosecuting attorneys pursue weapons charges with zeal. You need a seasoned criminal defense attorney on your side to fight back. It could make the difference between a conviction or dismissal, a misdemeanor or felony, or maximum penalties or minimum. At Detroit Legal Group PLLC, we go to the limit to fight for our clients. Contact our office now to schedule a consultation. We proudly serve clients in Detroit, Dearborn, Southfield, and Warren, Michigan.