How Can a Michigan Criminal Defense Lawyer Assist with Gun Crime Charges?

By: Firearm Attorney Michigan, Patrick T. Barone

Enshrined into the fabric of our nation by virtue of its appearance in the Bill of Rights, the Second Amendment's grant of a right to bear arms has never been free from controversy. Each state is responsible for delineating the circumstances under which its citizens may purchase, hold, and use a broad range of firearms and other weapons. Those who violate the laws, even unintentionally (by not learning and following the firearms concealed carry rules in Michigan), can face jail time.

Michigan is no exception, and the legislature in the Great Lakes State has enacted rules that impose a series of rules and regulations on obtaining a concealed weapon permit (CWP). Without question, gun rights in Michigan are not without limits, and it is important for those wanting to avoid an arrest for a concealed firearm charge to understand the situations under which weapons charges can be lodged. This will involve obtaining a CPL (concealed permit license) in the State of Michigan.

The author of this article for gun owners, Patrick T. Barone, the author of this article for gun owners, has written a book on Michigan gun laws. He and his team of Michigan gun lawyers are well-known criminal defense attorneys who handle various criminal cases involving illegally carrying a concealed firearm and other concealed carry versus open carry disputed arrests in Michigan.

Whether you are facing a concealed weapons accusation or criminal charges for illegal possession of a firearm, a Michigan gun lawyer can help you navigate the complicated statutory terrain to secure the most positive outcome possible under the facts of your case. En Español.

What Are the Most Common Gun Charges in Michigan?

Whether a person illegally possesses firearms or carries a concealed weapon without a permit, Michigan's firearms laws are strictly enforced. Weapons charges can lead to severe penalties, from hefty fines of thousands of dollars to lengthy prison sentences.

Common gun charges in our state include:

• Illegal possession of firearms. This includes possession by individuals prohibited to do so due to prior felony convictions or other disqualifications.
• Carrying a concealed weapon. Without the appropriate permit, carrying a concealed firearm is a serious offense that can result in fines and imprisonment.
• Possession of firearms in prohibited places. Certain locations, such as schools, government buildings, and places where alcohol is served, may restrict or forbid the possession of firearms, even for permit holders.

If you're facing gun charges, you need a team that understands how to navigate the law and help you build the best defense. At Barone Defense Firm, we excel in complex cases involving gun charges and helping our clients defend their rights.

When Can You Legally Use a Gun in Self-Defense?

While the law allows you to defend yourself with reasonable force, using a firearm in self-defense can present challenges for law enforcement teams and attorneys alike. The specifics of these cases can be complex and need careful consideration and evidence gathering. Some factors that may be relevant to your case include:

• Justifiable use of force. Michigan law permits the use of deadly force if there's a reasonable belief of imminent death or great bodily harm. However, the circumstances must justify the threat level.
• Duty to retreat. In places where you're legally allowed to be, you have no duty to retreat before using force in self-defense, provided you believe it's necessary to prevent harm or a forcible felony.
• Legal scrutiny. Instances of firearm use in self-defense are closely examined by law enforcement and the courts. The justification for using a gun in self-defense must meet strict legal criteria to avoid criminal charges.

These legal waters can be murky, requiring skilled attorneys to navigate local gun laws and protect your rights. Our legal team has years of experience in cases involving the defensive use of force and can tailor our guidance to suit your needs.

What Are the Steps to Get a Concealed Pistol License in Michigan?

First Objective to Complete: Complete a firearms training course in MI, if required by your age or background issues.

2nd Step: Via the Internet, you can download the firearm application or go by the county clerk’s office where you live (example: Grand Rapids).

3rd Step: Bring a "passport-quality” headshot, plus your proof of training and your identification showing your address, to the county clerk’s office (must be the county in which the applicant resides), and (in front of a notary) sign the application under oath.

4th Step. Pay the fee.

5th Step: Next, go to a location that can obtain classifiable fingerprints. In some counties, the county clerk does this, or the Michigan state police, or at the county sheriff’s office, or at a city police department (or any other approved entity) that provides official fingerprinting services. You also will need to provide the pistol application receipt to whichever fingerprint agency you use.

6th and Final Step: Within 45 days after all documentation is supplied and payment is made, your local county clerk shall either (a) issue a concealed carry permit license or (b) will send out a notice of your statutory disqualification (under Michigan's concealed carry laws) within that same forty-five (45) days after the date the applicant has her or his classifiable fingerprints taken.

The largest number of cases each year occur in Wayne County.

Defending Your Pending Firearms Charges in Michigan

All Michiganders need to understand that gun ownership rights within the state are clearly defined, and penalties will be imposed upon those convicted of running afoul of the law. The most commonly charged offenses in Michigan relating to guns include:

• Carrying of a concealed weapon
• Felon in possession of a firearm
• Illegal possession of certain prohibited types of short-barreled firearms
• Possession of a firearm while committing a felony
• Carrying a firearm in prohibited spaces, such as school zones

Penalties for Gun Offenses in the Great Lakes State

The Michigan Penal Code's firearms provisions are lengthy and indeed complex, particularly when considered with relevant federal firearms laws. Given the numerous ways in which a citizen can find themselves facing a gun charge in Michigan, it is important for everyone to fully grasp the possibly life-altering consequences of a conviction. Individuals found guilty of breaking Michigan or federal gun laws may face:

• Lengthy periods of incarceration
• Long-term inability to own a gun
• Imposition of exorbitant court costs and punitive fines
• Loss of professional license
• Loss of employment
• Lasting criminal record
• Damage to immigration status such as green card or visa revocation and perhaps even deportation

How Can You Defend Against a Gun Crime Charge in Michigan?

Though learning that a gun charge is pending against you can be a paralyzing experience, it is important to keep in mind that viable defenses are often available, and a Michigan firearm attorney with Barone Defense Firm will work hard to formulate an effective strategy. Some common issues that can form the basis of such a defense can include:

• Actual intent in carrying the gun at issue
• Whether the weapon was loaded at the time in question
• Whether the weapon was in fact functional
• Actual knowledge about whether the gun was in an individual's personal possession
• Whether the individual was in fear of imminent harm at the relevant time

See this case history for an outstanding criminal case outcome in another gun rights case.

Aggressive Gun Crimes Defense in the State of Michigan

Considering the substantial penalties that the state can impose upon those convicted of gun offenses, it is vital that accused individuals act promptly to secure the strongest possible legal defense. Don't talk to police or investigators without your criminal lawyer being present.

Call today to our toll-free number, 1-877-255-6424, to speak with a criminal attorney near one of our local offices, to discuss your firearms case and begin building your criminal defense. Ask about our attorneys' fees payment plans for our criminal law clients.

If you would like to learn more about your rights and enlist the aid of CPL lawyers in Michigan who will vigorously advocate on your behalf, contact a nearby gun crime lawyer today. Obtain a no-cost, 100% free consultation with one of our many criminal law attorneys who can explain what "lawful possession" means in Michigan.

Michigan Gun Crime Attorney Near You

The Barone Defense Firm serves clients across Michigan. We're deeply familiar with local and state firearms laws and are experienced in representing clients facing firearms charges. If you've been accused of a gun crime and you're not sure where to turn, our gun crime attorneys are committed to getting the best outcome.

Whether you're facing an illegal possession charge or concealed carry without a permit, we're here to build a strong case in your defense.

Our areas of service include:

• Rochester
• Grand Rapids
• Troy
• Holland
• Birmingham
• Grand Haven
• Plymouth
• Hudsonville
• Royal Oak
• Bloomfield Hills
• Novi
• Ann Arbor
• Farmington Hills

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Michigan Firearms Violation Case

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