If you are a licensed gun owner, then you know how tricky it can be trying to navigate the spider web of federal and state laws designed to regulate the use, possession, transportation, and sale of firearms and ammunition. Michigan is no exception. Two chapters of the Michigan Compiled Laws (MCL) contain the bulk of Michigan’s firearms-specific statutes: Section 28 – which regulates the Michigan State Police and authorizes its governance of firearm ownership and sales – and Section 750 – or the Michigan Penal Code, which codifies several criminal offenses pertaining to the use and/or possession of firearms. Additionally, the Michigan State Police website is an excellent resource for information related to concealed pistol license (CPL) requirements, state and federal laws regulating firearms in Michigan, and other useful knowledge for gun owners and gun rights advocates.
Regulating Michigan Firearms
Firearms regulation is one of those rare areas of law – criminal law, in this instance – where both federal and state regulations apply. While the Michigan Penal Code criminalizes the use, sale, and/or possession of firearms in several different instances, including –
- Carrying a concealed weapon
- Unlawful possession of firearms on various premises
- Knowingly brandishing a firearm in public
- Possession of a firearm by persons convicted of felonies or specific felonies
- Possession by a minor of firearms in public
Criminal attorneys must be equally familiar with the U.S. Code (USC), which criminalizes similar and other violations when committed under circumstances implicating federal law. Attorneys must also be aware of the collateral consequences for certain convictions – like certain drug convictions – that will result in the mandatory loss of gun ownership rights as well as possible “sentence enhancements” for crimes committed with the aid of or in the presence of a weapon.
Acquiring a CPL
Gun ownership is also subject to both federal and state regulation. In Michigan, CPLs are governed by MCL 28.421 et seq. MCL 28.422 holds that any citizen, 21 years or older, with no convictions listed in the statute or other adjudications that would deem the applicant ineligible, may apply for and shall receive a concealed pistol license. County gun boards, consisting of representatives from the sheriff’s department, state police, and prosecutor’s office, operate locally to monitor and adjudicate the issuance of CPLs, with those decisions being subject to appeal in circuit courts.
It goes without saying then that trying to traverse the legal landscape of federal and state firearms laws without a knowledgeable, competent, and experienced attorney well-versed in the body of law designed to regulate the use, possession, sale, and transportation of firearms is a risky venture that – in the end – could cost you your right to own and use a gun if not your freedom and liberty. Don’t roll the dice on your Second Amendment rights! Call the attorneys at the Peter J. Johnson Law Office, PLLC today!
The Peter J. Johnson Law Office, PLLC knows how important unrestricted use and access are to lawfully licensed gun owners in Michigan. We know the dangers you face pleading this way or that in criminal court with respect to your gun rights and will work with you through the court to preserve your right to own and use firearms as best we can. We handle dozens of criminal firearms cases every year and will work diligently with you for the outcome you deserve so you can keep protecting yourself and your loved ones as you see fit and enjoy your hunting season (or seasons) of choice when that time of year rolls around.
Contact the Peter J. Johnson Law Office today for your free consultation – over the phone or in our office – if you’ve been charged with a firearms offense or if you are facing the loss of your gun ownership rights. If you don’t reach an attorney when you call, we guarantee a call back within 24 hours. How many attorneys do you know who can make that kind of promise these days? Call today.