Fight Michigan Gun Charges: Protect Your Rights Now
Michigan firearm cases turn on precise facts and statutes. Charges can involve concealed carry, possession during a felony, prohibited-person possession, brandishing, vehicle transport, and restricted locations. Some offenses carry mandatory prison terms. A fast, targeted defense can challenge stops, searches, possession theories, and intent, and can preserve your record. Contact our Michigan defense team early to protect your rights.
Understanding Michigan Firearm Charges
Michigan law regulates who may possess, carry, transport, and use firearms and where they may do so. Common allegations include concealed carry without a license, possessing a firearm during another felony, prohibited-person possession, carrying with unlawful intent, improper transport in vehicles, brandishing, and possession in restricted places like certain premises or school zones. The charge and potential penalty depend on facts such as the type of weapon, location, prior record, licensing status, and whether another crime is alleged. See, for example, MCL 750.227, MCL 750.227b, MCL 750.224f, MCL 750.226, MCL 750.231a, MCL 750.234e, MCL 750.234d, MCL 28.425o, and MCL 750.237a.
Common Michigan Firearm Offenses
- Carrying a concealed weapon (CCW) or pistol in a vehicle: Alleged carrying of a concealed pistol without a license or carrying a pistol in a vehicle without a license. See MCL 750.227.
- Felony-firearm: Possessing or carrying a firearm during the commission or attempt of a felony. Charged in addition to the underlying felony. See MCL 750.227b.
- Prohibited-person possession (“felon in possession”): Bars firearm possession by individuals with disqualifying convictions, subject to statutory criteria and timelines. See MCL 750.224f.
- Carry with unlawful intent: Possessing a firearm or dangerous weapon with intent to use it unlawfully against another. See MCL 750.226.
- Brandishing: Displaying a firearm in a threatening manner in public, subject to statutory exceptions. See MCL 750.234e.
- Transport and vehicle exceptions: Rules for transporting firearms, including requirements for unloaded and enclosed transport in specific situations. See MCL 750.231a and licensee duties in MCL 28.425f.
- Prohibited places and zones: Restrictions on certain premises and pistol-free zones for CPL holders, and weapon-free school zones, subject to exceptions. See MCL 750.234d, MCL 28.425o, and MCL 750.237a.
Potential Penalties and Collateral Consequences
Convictions can lead to incarceration, probation, fines, firearm disabilities, and a lasting criminal record. Penalties vary by statute and your history. Notably, felony-firearm carries mandatory prison terms that run consecutively to the underlying felony (generally 2 years for a first offense, with higher mandatory terms for subsequent offenses). See MCL 750.227b. Collateral consequences can include loss or delay of firearm rights, immigration impacts, employment and licensing barriers, housing problems, and travel restrictions. Outcomes depend on the specific charge, evidence, and court.
Defenses We Evaluate
- Constitutional challenges: Unlawful stop, search, seizure, or interrogation; suppression of evidence under federal and Michigan law. See the Michigan Judicial Institute’s overview of search-and-seizure issues in the Criminal Benchbook.
- Lack of possession or knowledge: Disputes over actual vs. constructive possession, dominion and control, and awareness.
- Licensing and statutory exceptions: Valid CPL, transport exceptions, or other statutory defenses (e.g., MCL 750.231a).
- No unlawful intent or lawful purpose: Rebutting claims of unlawful intent or brandishing.
- Insufficient proof: Challenging chain of custody, forensic testing, witness credibility, and identification.
- Necessity or self-defense: May apply in limited circumstances when supported by Michigan law and facts.
- Charging errors: Misapplication of statutes, improper enhancements, or venue issues.
What To Do If You’re Arrested or Investigated
- Remain silent and request an attorney. Do not consent to searches or give statements without counsel.
- Preserve evidence: Save messages, videos, GPS data, receipts, or witness contacts that may show lawful possession, lack of knowledge, or alibi.
- Document events promptly: Note timelines, officer names and agencies, vehicle locations, and nearby surveillance cameras.
- Follow court orders: Comply with bond conditions and any no-contact provisions; avoid social media posts about the case.
- Hire experienced counsel quickly: Early intervention can affect charging decisions, evidence preservation, and negotiation.
How We Build Your Defense
We move fast to analyze the stop, search, and seizure; review body-worn and dash-camera footage; examine dispatch logs and 911 recordings; and consult firearms or forensic experts when appropriate. We verify licensing records, evaluate statutory exceptions, and pursue mitigation. When the facts support it, we seek charge reductions, dismissal through motion practice, or alternative resolutions aimed at protecting your record and rights.
Practical Tips
- Keep firearm paperwork organized and accessible; photograph serial numbers and receipts.
- Do not discuss facts of the case by text or social media; assume messages will be reviewed.
- If you have a CPL, confirm it is valid and carry proof of licensure when required.
- Map the incident location and identify cameras or witnesses as soon as possible.
Frequently Asked Questions
Can I carry a pistol in my vehicle?
Michigan treats vehicle carry differently from open carry on foot. Generally, carrying a pistol in a vehicle without a CPL is prohibited (MCL 750.227), subject to specific transport exceptions that require the pistol to be unloaded and properly enclosed or not readily accessible (MCL 750.231a). CPL holders have additional duties while carrying, including producing a license upon lawful demand (MCL 28.425f). Always verify the current statutes before transporting firearms.
What is “felony-firearm”?
It is a separate offense for possessing or carrying a firearm during the commission or attempt of a felony. It is charged in addition to the underlying felony and carries mandatory consecutive prison terms. See MCL 750.227b.
Do I lose my gun rights after a conviction?
Some convictions trigger firearm disabilities under state and/or federal law. Michigan’s prohibited-person statute and restoration provisions are detailed in MCL 750.224f. Federal law (e.g., 18 U.S.C. § 922(g)) may also apply. Eligibility and timelines for restoration vary by offense and circumstances.
Are there mandatory prison terms?
Certain firearm offenses include mandatory incarceration under Michigan law. For example, felony-firearm requires mandatory prison time that runs consecutively to the underlying felony. Whether a mandatory term applies depends on the statute charged and your record. See MCL 750.227b.
Take Action Now
Timing matters. The earlier you involve counsel, the more options you may preserve for challenging evidence, negotiating charges, and protecting your record. Contact us now for a confidential consultation.