Federal and State laws protect an individual’s right to possess and carry firearms. However, there are limitations to those rights. These limitations include who may carry firearms, where you may carry firearms, and how you may carry firearms. Violating these limitations may lead to criminal charges.
Prohibitions in Certain Places
Michigan law typically prohibits individuals from possessing guns in certain locations. This includes banks, churches, courts, theaters with a seating capacity in excess of 2500, and sports arenas. Other prohibited locations may include daycare centers, bars, casinos, and hospitals. There are some exemptions in these locations for certain individuals, including peace officers and individuals who obtain and carry a valid concealed carry license.
Additionally, MCL §750.237(a) makes it illegal to carry weapons in weapon-free school zones. This includes school buildings, property used for school functions, school busses, and playing fields. If an individual is found in violation of this statute, in Michigan, they may face a misdemeanor gun charge.
Federal and State laws place restrictions on the run ownership and possession rights of individuals that have been convicted of one or more felony offenses. Those who have been convicted of one or more felony offenses may not be eligible to own or possess a firearm in the State of Michigan. If an individual that a felony on their record is found in possession of a firearm, that individual may face felony gun charges that could result in as long as a five-year prison sentence.
Firearms Use Restrictions
Michigan law prohibits brandishing a firearm in public, including pointing, displaying, or waving the firearm around, with the intent to cause another fear. An exception is generally in place for peace officers and individuals lawfully acting in self-defense. It is also illegal to aim, point, or discharge a firearm toward another individual without malice.
In Michigan, gun charges become much more serious when they involve the discharge of a firearm, especially when that discharge endangers or causes another to suffer injury or death. Additionally, it is a felony to intentionally discharge a firearm towards a dwelling or potentially occupied structure (whether it was occupied at the time or not, does not matter).
Two common gun charge criminal offenses are:
- Possession of a Concealed Weapon (CCW/Carrying Concealed Weapon)
- In Michigan, it is unlawful to carry a concealed firearm or another dangerous weapon “on or about one’s person” or concealed, or in a vehicle, without having a valid license to carry a concealed pistol.
- Felony Firearm Possession
- Michigan law makes it a felony to possess a firearm at the time of committing a crime. This charge is commonly referred to as Felony Firearm. If an individual commits a felony and possesses a firearm at the time of doing so, that individual may be charged with Felony Firearm Possession.
What We Do
At Tanis Schultz, we understand that in many situations, law-abiding citizens carry weapons on their bodies or in their vehicles legally. Despite this, law enforcement officials may be quick to arrest an individual and file weapons charges against them. Tanis Schultz knows how to contest these charges, defend your rights, and fight to make sure you stay out of jail. On many occasions, by our attorneys pointing out the facts and circumstances around your case, the charges against you may be reduced or even dismissed. Our office even has extensive contacts, recommendations, and connections with certified weapons instructors that we work with to assist in your case.
If you are facing gun charges, contact us at Tanis Schultz to get started on your defense today!