In terms of gun-related actions taken without malice, Michigan gun law specifically distinguishes between possessing, brandishing, and aiming or pointing a firearm toward another person (also called “painting” someone). All these offenses are misdemeanors instead of a felony, but they still may result in various jail sentences and court fines. A Michigan brandishing a firearm in public lawyer can explain the alleged charges against you, examine the facts surrounding the alleged incident, and help you explore your options for resolving your weapons case in a positive way. With the assistance of a smart gun attorney, you may be able to avoid some or all of the potential conviction penalties that could result from these charges.
What Is Brandishing a Firearm in Public According to Michigan Gun Laws?Michigan Compiled Laws §750.234e prohibits individuals from willfully and knowingly brandishing a firearm in public. According to MCL §750.222(c), the term "brandishing" as used in this statute refers to pointing, waving, or displaying a firearm with the intent to cause fear in another person. Certain job descriptions require that an employee carry a weapon if this person works security, or provides security when the owner brings cash to the bank for example. In these cases the charges were dropped after the facts came to light.
The offense of brandishing a firearm in public is a misdemeanor under Michigan law that may result in up to 90 days in jail and a fine of up to $100 upon conviction. It should be noted, though, that this section does not apply to peace officers performing their official duties or individuals who are lawfully acting in self-defense or defense of another under the self-defense act. A Michigan brandishing a firearm in public attorney can go into further detail about how one of these exceptions might apply in your case.
What Is Aiming or Pointing a Firearm Towards Another Without Malice?Michigan law differentiates between brandishing and aiming or pointing a weapon toward another based on the intent behind these actions. By definition, individuals who brandish a firearm have the intent to instill fear in another.
Comparatively, MCL §750.233 provides for a separate offense for individuals who point or aim a firearm at another without malice. This offense is also a misdemeanor with a potential penalty of as much as 93 days in jail and a fine of up to $500 for a MI gun laws violation.
You Cannot Possess a Firearm In Some Public Places in MichiganMichigan gun law also makes it illegal to possess firearms in certain locations, whether individuals are brandishing, aiming, or pointing a firearm, or simply carrying it. For instance, under MCL §750.234d, individuals may not possess firearms in the following locations:
Furthermore, you may not possess firearms when present in theaters (with a seating capacity of more than 2,500), sports arenas, day care centers, hospitals, bars, and casinos. As an experienced lawyer in Michigan can affirm, though, possessing or brandishing a firearm in public may be legal under this statute for certain individuals, including owners or employees of these places providing security services, peace officers, individuals with concealed carry licenses (CPL), and those who have the property owner's permission to carry a firearm.
Violation of this statute is a misdemeanor offense that carries a potential jail sentence of 90 days and a $100 fine. However, the penalties are slightly more serious for possessing any weapon, including a firearm, on school property.
Under MCL §750-237a, it is a misdemeanor offense to possess, brandish, point, or aim a firearm in a weapons-free school zone, which includes school property and vehicles used to transport students. The maximum potential punishment here includes up to 93 days in jail, 100 hours of community service, and a $2,000 fine.
Work With a Michigan Brandishing a Firearm in Public AttorneyWhile all these firearms-related offenses are misdemeanors under Michigan law, you still run the risk of serving time in jail and paying substantial fines. Being aware of Michigan firearms laws and how they impact your ability to possess, brandish, aim, or point a firearm may be the key to avoiding these potential penalties. A Michigan brandishing a firearm in public lawyer can assist you in this regard.
Having a Michigan firearms conviction on your record will appear on criminal background checks during future job interviews and could make it more difficult for you to pursue certain careers. Protect your future by consulting a skilled gun defense attorney for the information that you may need in this situation.