Firearm Offenses
Many Southwest Michigan residents place a high value on their Second Amendment rights, and rightly so. For some, the very idea of liberty and freedom is embodied in our right to bear arms. When a firearm offense puts your right to possess – or right to carry – at risk, you will need a criminal defense attorney that understands federal and state law and how it affects your freedom to protect yourself.
Felony Firearm Offenses Explained
The U.S. Constitution gives you the right to own and use guns, but no right is absolute. Both state and federal law regulate the possession and use of firearms, especially when illegal drugs or other criminal activities are involved. Michigan law makes it illegal to:
- Carry a concealed weapon without a Concealed Pistol License (CPL)
- Possess weapons in certain protected areas (like courthouses and school zones)
- Brandish a firearm in public
- Possess a firearm if you have been convicted of certain felonies
- Possess a firearm in public if you are below a certain age
- Possess a firearm in public if you are below a certain age
There are also regulations relating to the registration and transportation of firearms and ammunition, which can complicate even the simplest traffic stop. Federal law has similar regulations for the possession or use of firearms connected to a variety of federal offenses (such as drug trafficking across state lines or carrying a weapon in an airport).
When a gun is used as part of another illegal activity – like robbery – it creates the possibility that a felony firearm offense could be added to the charges against a defendant. In fact, Michigan law classifies the use of a firearm in the commission of a felony as a separate offense altogether. For example, if the police conduct a sting on a suspected drug house and find both illegal drugs and guns on the premises, the owners of the home can be charged with drug charges along with felony firearm charges
Firearm Sentencing Enhancements Make Penalties Worse for Non-Weapon Offenses
The use of a firearm in the commission of a crime can also increase the penalty for that crime. Every felony conviction in Michigan is scored according to mandatory sentencing guidelines that take into account your criminal history, the circumstances of the charged offense, and a variety of other factors that make the crime more or less offensive in the eyes of the law. Using a weapon to commit a crime is considered a factor that makes the crime more offensive. Even the threat of a firearm can affect your sentence and increase your time in jail.
At the Peter J. Johnson Law Office, our criminal defense attorneys have decades of experience using established sentencing guidelines to our clients’ advantage. We know how the use of guns in a crime will impact your sentence, and we will argue aggressively before the judge against sentencing enhancements.
Concealed Permit Licenses and Possession of Firearms After Conviction
Michigan is an open-carry state. As such, residents are generally allowed to carry their registered firearms openly, except in certain protected areas. But sometimes doing so can bring unwanted attention. Sometimes you would rather conceal your weapon. This privilege of carrying a concealed weapon, specifically a pistol, in Michigan requires a special license. Commonly, any citizen 21 years or older in good mental health and who hasn’t been convicted of certain criminal offenses can submit an application to obtain a concealed pistol license (CPL). This application is reviewed and monitored by a County Gun Board, consisting of representatives from the sheriff’s department, state police, and local prosecutor’s office.
Certain criminal convictions – including domestic violence, certain drug offenses, and other violent crimes – can put your CPL at risk. At the Peter J. Johnson Law Office, we understand the collateral consequences a criminal conviction may have on your Second Amendment rights. We will advise you on whether a plea agreement will affect your CPL or if a probation order will involve surrender of your guns for a period of time. If so, we will work with you to arrange for them to be held on your behalf so that when your probation is complete, you can get your lawfully held guns back.
Contact us to schedule your free consultation with an experienced firearms defense attorney to find out how your firearms offense could impact a related charge. We will also evaluate the short and long-term consequences of possible pleas or convictions and their impact on your rights under the U.S. Constitution and Second Amendment.





























