FIREARM AND GUN CRIMES

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Gun and weapons charges are heavily prosecuted in Michigan and carry steep penalties. Our firm has the experience needed to defend against gun crime allegations.

THE STRICT GUN LAWS IN MICHIGAN

Michigan gun laws are incredibly strict and often times confusing. Legally possessing a gun can quickly turn into being charged criminally, even with a felony.

In addition to fines and probation some gun crimes carry mandatory prison time, which is why you need an aggressive criminal defense lawyer that knows the law and knows how to win.

Were you the person actually in possession of the gun? Did you have access to it? Did you even know a gun was present? Did you have a license to carry? If you didn’t have a license, were you carrying in your own home or on your own property? Were you merely transporting the gun? Did the gun even work? How old was the gun? These are all questions that you and your lawyer should be discussing because they could mean the difference between prison and a dismissal of the charges.

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Carrying a Concealed Weapon (CCW)

    What is carrying a concealed weapon charge? 

    Carrying a concealed weapon is charged when someone is accused of concealing a weapon without a license pursuant to MCL 750.227. The weapon does not have to be completely hidden; it is considered concealed if those who come into contact with the defendant cannot easily see it. Carrying a concealed weapon is not just limited to guns. It can include objects considered “dangerous weapons” such as knives or stabbing weapons.
    A person can be charged with carrying a concealed weapon in a vehicle if the prosecutor can prove that the weapon was in the same car as the defendant, that the defendant knew it was in the car, and that the defendant took part in keeping the pistol in the vehicle MCL 750.227(2).

    What is the penalty for carry a concealed weapon?

    Carrying a concealed weapon (CCW) is a serious criminal offense. CCW is a felony that is punishable by up to 5 years in prison, $2,500.00 in fines, and forfeiture of the weapon MCL 750.227(3).

    What are the defenses to carrying a concealed weapon? 

    Common defenses to carrying a concealed weapon include that the person was licensed to carry a concealed weapon, the person was in a place where they were allowed to carry, the person was transporting the firearm lawfully pursuant to MCL 750.231A(1)(e), or the type of weapon was exempt. If you had no knowledge of the weapon present or the person is not guilty. 
    Aaron J. Boria has successfully defended carrying concealed weapons charges. In the past, he has taken CCW charges to trial and even obtained dismissal of CCW charges.

carrying a concealed weapon in a prohibited area

    Where are you not allowed to carry a concealed weapon?

    Even if you have a license to carry a concealed weapon there are places that you restricted from carrying it.
    You cannot carry a concealed weapon on school property. There is an exception; you can carry your concealed weapon while in your car on school property if you are picking up your child.
    You cannot carry a concealed weapon at a day care center or child placement agency.
    Sports arena and stadiums are off limits for carrying a concealed weapon.
    You cannot carry a concealed weapon in a bar.
    It is illegal to carry a concealed weapon in a place of worship such as a church, synagogue, mosque, or temple. There is an exception; if the presiding official allows concealed weapons.
    It is illegal to carry a concealed weapon in an entertainment facility that has a seating capacity of 2,500 or more.
    It is illegal to carry a concealed weapon at a hospital.
    It is illegal to carry a concealed weapon in a dorm or classroom of a college or university.
    Carrying a concealed weapon is illegal at a casino.
    Carrying a concealed weapon is illegal at court.

    What are the penalties for carrying a concealed weapon in a prohibited area?

    A first offense violation for carrying a concealed weapon in a prohibited area is a civil infraction that carries a $500 fine and your license to carry concealed will be suspended for 6 months.
    A second offense violation for carrying a concealed weapon in a prohibited area is a misdemeanor that could land you in jail for up to 90 days, a $1000.00 fine and revocation or your license to carry concealed.
    A third offense violation for carrying a concealed weapon in a prohibited area is a felony that could land you in prison for up to four years, a $5000.00 fine and revocation or your license to carry.

Carrying a Concealed Weapon Under The Influence

    Can you drink alcohol while carrying a concealed weapon?

    Carrying a concealed weapon while you are under the influence of alcohol is a crime under MCL 28.425k.
    Michigan law, MCL 28.425, states that when you accept a license to carry a concealed weapon you agree to implied consent to submit to a chemical test. If an officer has probable cause to believe a Concealed Weapon License holder is under the influence and they refusing a chemical test the penalty is a civil infraction and their license to carry a concealed weapon will be suspended for six months.

    What is the penalty for carrying a concealed weapon while under the influence of alcohol?

    If you have a blood alcohol level of .10 or more you face a misdemeanor of up to 93 days in jail and a fine of $100. The license to carry concealed will be revoked, MCL 28.425(2)(a).
    If the blood alcohol level is more than .08 but under .10 you face a 93-day misdemeanor, a fine of $100, and the license to carry concealed will be revoked for three years, MCL 28.425(2)(b).
    If the blood alcohol level is more than .02 but under .08 you face a civil infraction, a fine of $100, and the license to carry concealed will be revoked for one year, MCL 28.425(2)(c).

    What are the defenses to carrying a concealed weapon while under the influence?

    MCL 28.425k(3)(a)-(d) has built in defenses. If the weapon is being transporting in a locked trunk or, if the vehicle does not have a trunk, it is in a locked compartment or container and separated from ammunition.

Felony Firearm

    Carrying a firearm during the commission of a felony, MCL 750.227(b), is probably the most serious gun crime. Felony Firearm carries a mandatory two years in prison for a first offense and five years for a second offense. A judge is not allowed to depart from the two and five-year sentences, so if you are found guilty, or plea guilty, you will have to serve all of that time.

    Felony firearm is charged when it is alleged that a felony was committed and a gun was present. For instance, if someone steals a car at gunpoint they would face carjacking as well as felony firearm.

    Defenses to felony firearm include that the person was not in actual possession of a firearm.

    Aaron J. Boria has been able to get felony firearm charges dismissed even in cases where there seemed to be no defense. Boria has also beat felony firearm charges at trial.

Felon in Possession of a Firearm

    One of the privileges you lose when you have been marked a felon is your ability to carry a firearm. MCL 750.224f makes it a felony for a convicted felon to be in possession of a firearm. The penalty for possessing a firearm as a felon is up to five years in prison and a fine of up to $5,000.00 plus costs.
    Remember, even if you illegally possessed a firearm the police still need a legal reason to have contact with you. If they don't, then your case should be dismissed. In some cases, enough time may have passed since your felony conviction that felon in a possession of a firearm may no longer apply to you.
    Aaron J. Boria knows the gun law and is here to help you.

“Facing life as a habitual fourth and 3 other felonies each carrying up to 5 years, and felony firearm carrying a mandatory 2 years consecutively, Aaron was able to get me a deal where I would serve only 2 years”. – “A” from Detroit, Michigan