FIREARM AND GUN CRIMES
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. Our firm has the experience needed to defend against gun crime allegations.
We're here to answer your questions
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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Is carrying a concealed weapon a felony in Michigan?
Yes, carrying a concealed weapon without a valid license is a five-year felony with fines of up to $2,500 in Michigan.
Is a gun in a trunk considered concealed?
To properly transport a handgun in Michigan without a license the gun must be in the trunk of the vehicle, unloaded and in a closed container or container designed for storage of a firearm.
What happens if I bring a gun into an airport by mistake?
TSA will detain you, take your weapon, and you will be charged with having a dangerous weapon at the airport, a criminal offense with a maximum penalty of 90 days in jail.
How much jail time to you get for a gun charge?
The penalty for gun charges can range greatly. Being in possession of a firearm during the commission of a felony has a mandatory two-year prison time. Reckless discharge of a firearm carries a maximum of only 90 days but a person could get probation instead.
Is it illegal to have a Taser?
In Michigan, it is a felony to be in possession of a taser. MCL 750.224a makes possessing a taser a 4 year felony with a fine of $2,000.00.
In order legally posses a taser in Michigan you need to have a valid carrying concealed pistol license, work in law enforcement, or some other specified profession identified under MCL 750.224a.
“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”.
Dillian in Detroit, Michigan
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.
What is Felony Firearm?
- Being in possession of a firearm during the commission of a felony, MCL 750.227b, is probably the most serious gun crime.
Felony firearm is charged when it is alleged that a felony was committed and a gun was in the possession of the person who committed it.
- For instance, if someone steals a car at gunpoint they would face carjacking as well as felony firearm.
- It is also common to see felony firearm charged with felonious assault when the weapon used in the assault is a firearm.
What is the Penalty for Felony Firearm?
Felony Firearm carries a mandatory two years in prison for a first offense and five years for a second offense, MCL 750.227b(1) .
- 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. MCL 750.227b(4)
What are the Defenses to Felony Firearm?
- Defenses to felony firearm include that the person was not in actual or constructive possession of a firearm.
- If you were acting in lawful self-defense you are not guilty of felony firearm.
- Felony firearm cannot be charged in every felony case where there is a gun. For instance, felony firearm cannot be charged with carrying a concealed weapon, or altering firearms identification numbers.
- 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.
Dangerous weapon at the airport
Dangerous Weapon at the Airport
- The Wayne County Airport Authority is its own government entity operating within Wayne County with rules and ordinances of its own.
Possession of a Dangerous Weapon on Airport Property
- The Dangerous Weapons law states that no person shall possess a dangerous weapon in any area of the airport. This includes, but it not limited to, all buildings, terminals, and even the parking lots.
What is a Dangerous Weapon at the Airport?
- Under the Wayne County Airport Authority dangerous weapon law, dangerous weapons include common items such as firearms, explosives, and knives.
- There are some uncommon items that are considered dangerous weapons under the Airport Authority Ordinance and they include slingshots, nunchahka, throwing stars or shuriken, stun guns, tasers and more.
What is the Penalty for Possession of a Dangerous Weapon at the Airport?.
- If you have been accused of violating the airports dangerous weapon law than you face a criminal misdemeanor with a fine of up to $500, additional costs or prosecution, and up to 90 days in jail.
Are there Defenses to the Airport Dangerous Weapon Law?
- The dangerous weapon law does not apply to someone in possession of a dangerous weapon that is properly encases for transshipment by air in accordance with TSA Regulations.
- The dangerous weapon law does not apply to law enforcement acting in performance of their duties.
- The dangerous weapon law does not apply to a person on airport property with a valid concealed pistol license (CPL) as long as they do not have access to the weapon once the TSA or employee screening process has begun, or when entering into, or while in, any Security Sensitive Area.
- While it is not a complete defense, many of our clients have violated the dangerous weapon law on accident. In most cases our client’s forgot that there was a weapon in their luggage.
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 in a Federal Building?
- Carrying a concealed weapon in to a federal building is a federal criminal offense.
- The Code of Federal Regulations makes it a five-year felony to carry a firearm into a Federal Facility or a Federal Court. 41 CFR 102-74.440.
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 in possession of 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.
Careless, reckless or negligent use of a firearm
What is reckless use or reckless discharge of a firearm?
- Careless, reckless, or negligent use of a firearm is broken down into three separate charges.
- 1. The carless, reckless, or negligent use of a firearm that does not result in injury to people or things. MCL 752.863a
- If you have been accused of using a firearm in a reckless manner, under Michigan law MCL 752.863a, the prosecutor would have to be able to provide evidence that you recklessly, heedlessly, willfully, or wantonly, used, carried, handled, or fired a gun without reasonable caution for the rights, safety, or property of others.
- 2. The carless, reckless, or negligent use of a firearm that results in injury to personal or real property. MCL 752.862
- 3. The carless, reckless, or negligent use of a firearm that results in injury or death of another person.
What is the penalty for reckless use of a firearm?
- The penalty for using or handling a firearm in a carless, reckless, or negligent manner under MCL 752.863a is a criminal offense that could result in up to 90 days in the county jail, fine, and costs per MCL 752.845.
- If someone’s property is damaged or destroyed due to the reckless use of a firearm the penalty is up to 90 days in jail and a fine, but if the damaged property exceeds $50.00 in damages the penalty increase up to one year in the county jail and a fine of $500.00 plus costs. MCL 752.862. The penalty is the same if a bow and arrow was used rather than a firearm.
- If someone is killed or injured due to the reckless use of a firearm the penalty is up to two years in prison, a fine of up to $2,000.00, plus costs, MCL 752.861. The penalty is the same if a bow and arrow was used rather than a firearm, MCL 752.881.
- Your firearm will be confiscated and destroyed under MCL 750.239a for any of the above offenses.
- The court can suspend hunting privileges for up to three years under MCL 752.864 for any of the above offenses.
- If you have a concealed pistol license (CPL) it will be suspended upon arrest and revoked upon conviction. A person convicted of reckless use or discharge of a firearm is precluded from having a CPL for eight years. MCL 28.425b(7).
What are the defenses to reckless use of a firearm?
- Recklessness is an element to the criminal charge of reckless use of a firearm. Recklessness requires more than carelessness or simple negligence. If the prosecutor cannot prove reckless or negligent use than you are not guilty of reckless use of a firearm.
- In some situations there may be a corpus delicti issue if the shell or casing is not recovered and could result in a dismissal.
- If the weapon wasn’t loaded recklessness shouldn’t be established.
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