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Michigan Possession of a Firearm Lawyer

Michigan state law contains various restrictions on who can possess a firearm and where you can possess a firearm. Although there are some exceptions, you generally may not possess firearms in certain public locations, and individuals with felony convictions may not possess firearms or ammunition. If you are unsure about your ability to lawfully possess a firearm, you may want to call a Michigan possession of a firearm lawyer for help first. The penalties for lawfully possessing a firearm in prohibited places are relatively light, but they may still include a jail sentence and the creation of a public criminal record.

Comparatively, the penalties for those with felony convictions who illegally possess a firearm are much more severe and can lead to years in prison. Regardless of the specific charge, consulting a knowledgeable gun attorney may be a wise decision in your situation.

Places Where Firearms Are Prohibited

Michigan Compiled Laws §750.234d sets forth the different locations where you may not possess a firearm in the state of Michigan. Specifically, you may not possess firearms in banks or credit unions, churches or other houses of religious worship, and courts. Likewise, the law prohibits the possession of firearms in theatres with a seating capacity of more than 2,500, sports arenas, day care centers, hospitals, bars, and casinos.

Violating this statute is a misdemeanor under Michigan law punishable by up to 90 days in jail and a fine of $100. However, as a Michigan possession of a firearm lawyer can elaborate upon, the following individuals are exempt from these general prohibitions:

  • Individuals who own or work at one of these locations to provide security
  • Peace officers
  • Individuals licensed to carry concealed weapons
  • Individuals who have the permission of the owner of the premises

MCL §750-237a further prohibits bringing weapons of any kind, including firearms, onto any school property serving children in pre-kindergarten through 12th grade. This includes any property used for functions or events sponsored by a school, as well as in any vehicles used to transport students.  Some Universities, such as the University of Michigan and Wayne State University have also banned the possession of weapons on school property. Another banned location includes a dormitory or classroom of community college, college, or university (and the entire campus of Michigan State University, University of Michigan, and Wayne State University).

Individuals Who May Not Possess Firearms

Pursuant to both federal law and MCL §750.224f, anyone convicted of a felony cannot possess, sell, use, transport, purchase, or receive either firearms or ammunition in Michigan. In general, individuals with felony convictions may not possess firearms or ammunition earlier than three years after fulfilling all the following conditions:

  • Paying all fines imposed for the offense
  • Serving all terms of imprisonment imposed for the offense
  • Successfully complying with all conditions of probation or parole imposed for the offense

After certain felony convictions, however, you may not possess firearms or ammunition earlier than five years after completing these same requirements. Specified felonies in this regard are those that involve physical force, controlled substances, unlawful possession or distribution of firearms or usage of explosives, burglary of an occupied dwelling, breaking and entering an occupied dwelling, and arson.

Additionally, individuals with specified felony convictions can only obtain restoration of their gun rights by petitioning the circuit court in the county in which they reside under MCL §28.424. Generally, individuals must prove by clear and convincing evidence that they have completed all the conditions listed above and that they are not likely to act in a way that would be dangerous to the safety of others if their rights are restored.

Violating any of these prohibitions on possessing firearms or ammunition is a felony offense that may result in a prison sentence of no more than five years. This offense also can result in the required payment of a fine of no more than $5,000.

Consider the Advice of a Michigan Possession of a Firearm Attorney

Facing any of these types of charges puts you at risk of developing a permanent criminal history of firearms violations. If this information appears on a criminal background check, it can be very harmful to your prospects when you are trying to find a job, further your education, or break into a new career.

A Michigan possession of a firearm lawyer can assist you in minimizing the potential repercussions that you could experience after such a charge. Allowing a skilled gun defense attorney to evaluate your circumstances and lay out your potential options may be integral to your decision-making process. Call today to start exploring your legal options.