Michigan Gun Crimes Defense Attorneys
Experienced Gun Crime and Firearm Defense Lawyers Protecting Your Rights in Michigan
Firearms are deeply woven into the fabric of American society, protected under the Second Amendment of the U.S. Constitution. People use firearms for a variety of reasons, including safety, security, hunting, and collection. However, due to the potential for firearms to cause harm, both state and federal laws treat gun crimes with exceptional severity. If you’re facing weapons charges in Michigan, having experienced legal representation is crucial to ensure your rights and freedom are protected.
Facing gun charges in Michigan? Unhappy with your current attorney? Call (248) 712-1156 for a FREE consultation.
Michigan Gun Crimes We Defend
Our experienced Michigan gun crimes attorneys defend clients against a wide range of weapon-related charges, including:
- Felony Firearms Charges – Possession of a firearm during commission of a felony
- Felon in Possession of a Firearm – Prior felons prohibited from gun ownership
- Unlawful Possession of a Firearm – Possessing prohibited weapons or in prohibited locations
- Carrying a Concealed Weapon (CCW) Violations – Carrying without proper permit
- CCW with Alcohol or Controlled Substances – Carrying while intoxicated
- Possession of a Firearm Under the Influence – Being intoxicated while possessing a firearm
- Federal Gun Charges – Including possession of automatic weapons or silencers
- Weapons Charges Connected to Other Offenses – Such as drug crimes, domestic violence, or assault
Why Firearm Charges Require Specialized Defense
Harsh Mandatory Sentences
Criminal convictions involving firearms are punished more harshly than nearly any other category of offenses. This is particularly true for individuals prohibited from possession, such as felons or those with domestic violence convictions.
Felony firearm convictions carry mandatory sentences that cannot be reduced or postponed.
- First offense: Mandatory two years in prison
- Second offense: Mandatory five years in prison
- Third offense: Mandatory ten years in prison
These sentences must be served consecutively, with no possibility of probation or parole. They are in addition to the penalties for the underlying felony charge.
Complex Legal Issues in Gun Cases
Firearm cases frequently involve:
- Fourth Amendment Search and Seizure Issues – Many gun charges stem from police searches of vehicles or persons. Our attorneys are experts in challenging illegal searches.
- Knowledge and Access Requirements – To be convicted, the prosecution must prove both knowledge of the firearm’s presence and ability to access it.
- Constitutional Rights – Second Amendment protections must be balanced with state regulations.
- Technical Firearms Definitions – Different weapons carry different legal classifications and penalties.
Need help navigating the complexities of gun charges? Contact our defense team for expert guidance.
Michigan Concealed Weapons Laws and Violations
Carrying a Concealed Weapon Without a Permit
In Michigan, carrying a concealed weapon is only permitted with a valid license. To legally obtain a CCW permit, you must:
- Be at least 21 years old
- Be a US citizen and Michigan resident
- Complete a firearms safety training course
Carrying without a permit is a five-year felony with fines up to $2,500.
CCW with Alcohol or Controlled Substances
Michigan law prohibits carrying a concealed pistol or Taser while under the influence of alcohol, drugs, or marijuana. The penalties vary based on blood alcohol content (BAC):
- BAC 0.10 or above: Misdemeanor punishable by up to 93 days in jail and automatic, permanent revocation of CCW license
- BAC between 0.08 and 0.10: Misdemeanor punishable by up to 93 days in jail; court may revoke CCW license for up to three years
- BAC between 0.02 and 0.08: Civil infraction with a fine up to $100; court may suspend license for one year
These charges require proper testing using a Michigan State Police Blood Alcohol Specimen Collection Kit or an evidential Datamaster BAC/DMT breath test. The same defenses available in DUI cases apply to these charges.
Felony Firearm Charges in Michigan
What Constitutes Felony Firearm?
The felony firearm charge applies when someone carries or possesses a firearm during the commission of another felony. Common scenarios include:
- Pointing a gun at someone (felonious assault) while possessing the firearm
- Carrying a gun while selling controlled substances
- Possessing a gun during a home raid where controlled substances are found
- Having a firearm as a third-offense OWI (Operating While Intoxicated)
- Possessing a firearm as a convicted felon
Elements the Prosecution Must Prove
To convict you of possession of a firearm by a prohibited person, the prosecution must prove:
- You possessed or received a firearm or ammunition
- You have a prior felony conviction or are awaiting trial for a felony charge
- You had knowledge of and access to the firearm
Effective Defense Strategies
Our experienced gun crimes attorneys build strong defenses by:
- Challenging proof of knowledge or location of the firearm
- Questioning accessibility of the weapon during alleged criminal activity
- Disputing the existence of the underlying felony
- Asserting legitimate self-defense claims
Unlawful Possession of a Firearm in Michigan
Michigan law (MCL 750.234d) prohibits possessing a firearm in certain locations, including:
- Banks
- Churches
- Courts
- Theaters
- Hospitals
A conviction for unlawful possession is a misdemeanor with up to 90 days in jail and $100 in fines.
For convicted felons, Michigan law (MCL 750.224f) makes it illegal to possess a firearm, with penalties including a 5-year felony and fines up to $5,000.
Restoring Your Second Amendment Rights
Many individuals prohibited from firearm possession may have legitimate reasons for wanting to exercise their Second Amendment rights. Our attorneys can help explore options for:
- Restoration of gun rights for those with prior convictions
- Defense strategies that consider mitigating circumstances
- Legal guidance on complex and often contradictory firearm laws
Looking to restore your Second Amendment rights?
When You Need a Michigan Gun Crimes Attorney
If you’re facing any of these situations, immediate legal representation is critical:
- Arrested for CCW in a vehicle
- Charged with carrying a concealed weapon with alcohol
- Accused of felony firearm possession
- Under investigation for any gun-related offense
- Seeking restoration of firearm rights
Our skilled attorneys will thoroughly investigate your case, protect your constitutional rights, and fight for the best possible outcome.
Contact Michigan’s Premier Gun Crimes Defense Team
The harsh penalties associated with firearms offenses make it essential to have experienced legal representation. The Law Offices of Barton Morris provides aggressive defense for clients throughout Michigan facing gun charges.
Don’t risk your freedom with inexperienced legal representation. Our Michigan gun crimes attorneys understand the complexities of state and federal firearms laws and will build a strong defense strategy tailored to your specific case.
Facing gun charges? Unhappy with your current attorney? Call (248) 541-2600 or fill out our contact form to schedule a FREE consultation today.
Free Consultation