Gun Charges Michigan Defense Attorney

Under Michigan law, individuals convicted of felonies face restrictions on firearm possession. MCL 750.224f prohibits anyone convicted of a felony from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm in Michigan. This charge is a felony punishable by up to five years in prison and fines up to $5,000. The statute has specific time restrictions based on the original felony. We defend clients by challenging whether the prior conviction qualifies as a predicate felony, whether the rights restoration period has passed, whether our client actually possessed the firearm, and whether police conducted an illegal search. Learn more about our felony defense services for related charges. 

Michigan requires a valid concealed pistol license (CPL) to carry a concealed pistol. Carrying a concealed firearm without a valid license violates MCL 750.227 and is typically a felony punishable by up to five years in prison and fines up to $2,500. We frequently defend clients who had valid licenses that expired, who were unaware their license was suspended, or who believed they were carrying legally under transportation exceptions. Many CCW cases involve vehicle stops where officers claim they observed a firearm that wasn’t properly secured. Constitutional search and seizure issues are common in these cases, and we aggressively challenge improper stops and searches.

Felony firearm under MCL 750.227b is one of the most serious gun charges in Michigan. This charge applies when someone possesses a firearm while committing or attempting to commit a felony. A first offense carries a mandatory two-year prison sentence that must be served consecutively to any sentence for the underlying felony. Second offenses carry five years, and third offenses carry ten years. These sentences cannot run concurrently, meaning they stack on top of other sentences. We defend felony firearm charges by challenging whether our client actually possessed the firearm, whether the underlying felony occurred, and whether the firearm possession was coincidental rather than connected to any alleged crime. Many felony firearm cases arise from domestic violence situations, drug crimes, or allegations of assault. 

Michigan law regulates firearms transactions through background check requirements and transfer restrictions. Illegal purchase includes straw purchases (buying for prohibited persons), false statements on purchase forms, and unlicensed dealing. Illegal sale includes selling without proper licensing, selling to prohibited persons, and failing to maintain required records. These charges often involve federal law as well as state law. Penalties vary but can include felonies with multi-year prison sentences. We defend these cases by examining the actual transaction details, challenging entrapment claims, and negotiating with both state and federal prosecutors. 

MCL 750.234b prohibits discharging a firearm intentionally at a dwelling or potentially occupied structure. This felony carries up to ten years in prison. We see these charges in cases involving disputes between neighbors, allegations of domestic violence where shots were fired, and situations where accidental discharge occurred. Defenses include lack of intent, self-defense, defense of others, and challenging whether the structure qualifies under the statute. 

Brandishing a firearm violates MCL 750.234e and is typically a misdemeanor punishable by up to 90 days in jail and a fine of up to $100. Separately, intentionally aiming or pointing a firearm at another person violates MCL 750.233, also a 90-day misdemeanor but with a potential fine of up to $500. However, if done in furtherance of a crime or with criminal intent, enhanced penalties apply. We defend these cases by establishing lawful self-defense, demonstrating the weapon was never pointed at anyone, or proving the accuser fabricated allegations. These charges often arise from road rage incidents, disputes, or assault allegations where our client acted in self-defense. 

Michigan and federal law prohibit certain firearms and accessories including fully automatic weapons without proper registration, armor-piercing ammunition, and certain suppressor devices. Short-barreled rifles and shotguns are legal to possess in Michigan under MCL 750.224b(3), provided they are lawfully made and registered in compliance with federal law (NFA). Possession charges can be felonies with significant prison time. We defend these cases by challenging actual knowledge of illegal characteristics, examining whether the item actually meets legal definitions, and investigating illegal search and seizure issues. 

When gun charges combine with domestic violence allegations, penalties increase significantly and federal law becomes involved. Federal law prohibits firearm possession for anyone convicted of misdemeanor domestic violence or subject to certain protective orders. Michigan law similarly restricts gun rights during protective order proceedings. We handle cases involving confiscation of firearms, restoration of gun rights, and defense against new charges arising from alleged protective order violations. 

Remain silent and request an attorney immediately. Do not explain yourself to police, consent to searches, or answer questions. Police often use friendly conversation to gather evidence against you. Invoke your right to an attorney clearly: “I want to speak with my lawyer.” Contact an experienced gun charge defense Lansing attorney as soon as possible after arrest. 

We obtain all police reports, search warrants, body camera footage, 911 calls, and witness statements. We visit the scene, photograph relevant locations, and identify witnesses who can support your defense. Time matters because evidence can disappear, witnesses become unavailable, and memories fade. 

We examine every aspect of the police investigation for constitutional violations. Did police have reasonable suspicion to stop you? Was the search of your vehicle or home lawful? Did officers properly advise you of Miranda rights? Were statements obtained through coercion? Many gun cases are won by suppressing illegally obtained evidence. 

Prosecutors must prove you actually or constructively possessed the firearm. We challenge possession by showing others had equal access to the weapon, the gun belonged to someone else, you lacked knowledge of the firearm’s presence, or the weapon was in a shared space where multiple people had access. 

For CCW cases, we investigate your license status at the time of arrest. Many clients have valid licenses that were administratively suspended without their knowledge, expired licenses that should be treated as civil infractions rather than crimes, or valid licenses from other states that Michigan should honor under reciprocity. 

Michigan law allows firearm possession and use for lawful self-defense. We establish your reasonable fear of imminent harm, demonstrate proportional response to threats, show you were not the initial aggressor, and prove you had a legal right to be in the location where the incident occurred. 

This may include charge reduction from felony to misdemeanor, dismissal in exchange for firearms education courses, diversion programs for first-time offenders, or structured plea agreements that protect your gun rights and criminal record. 

If your case goes to trial, we prepare aggressively by developing a clear defense theme, preparing you to testify if beneficial, retaining expert witnesses on firearms and forensics when needed, and challenging the prosecution’s evidence through cross-examination and objections. 

The Fourth Amendment protects against unreasonable searches and seizures. Police must have reasonable suspicion to stop you, probable cause to search your vehicle or person without consent, and a warrant supported by probable cause to search your home. We challenge stops based on vague “suspicious activity,” searches conducted without consent or warrant, searches that exceed the scope of valid consent, and failures to establish probable cause for warrants. If police violated your constitutional rights, we file motions to suppress evidence. Successful suppression often results in dismissal of charges. 

Prosecutors must prove you possessed the firearm. Actual possession means the gun was on your person or in your immediate control. Constructive possession means you had knowledge of the firearm’s presence and the ability to control it. We challenge constructive possession by showing others had equal access, you lacked knowledge of the gun’s presence, the firearm belonged to someone else, or the location was shared space where anyone could have placed the weapon.

For many gun charges, prosecutors must prove you knew the firearm was present. If someone left a gun in your vehicle without your knowledge, or if you unknowingly drove a car containing a firearm in the trunk, you lack the required knowledge element. We establish lack of knowledge through your testimony, the location where the gun was found, lack of your fingerprints or DNA on the weapon, and testimony from the actual owner. 

If you possessed a valid concealed pistol license but prosecutors charge you anyway, we establish your license was valid at the time of the alleged offense. We obtain license records from the county clerk, demonstrate administrative errors led to wrongful charges, and show you qualified for license renewal or had applied for renewal. We also raise reciprocity defenses if you held a valid license from another state that Michigan recognizes. 

Michigan law provides exceptions for transporting firearms between certain locations. You may transport an unloaded firearm in the trunk of your vehicle or in a case in a vehicle without a trunk. You may transport firearms between your home and a shooting range, gun shop, or hunting location. We establish you were engaged in lawful transportation at the time of arrest. 

Michigan law recognizes the right to use firearms in lawful self-defense. The law does not require you to retreat before using defensive force if you are in a place you have a legal right to be and you are not engaged in the commission of a crime at the time, and you reasonably believe force is necessary to prevent imminent death, serious bodily harm, or sexual assault. We establish self-defense through witness testimony, physical evidence showing you were attacked, 911 calls demonstrating your fear, and expert testimony on reasonable perceptions of danger. 

In cases involving undercover operations or confidential informants, entrapment may provide a defense. Entrapment occurs when police or their agents induce someone to commit a crime they were not predisposed to commit. We establish entrapment by showing government agents initiated the transaction, made repeated requests you initially refused, or offered inducements that overcame your resistance to illegal activity.

You have an absolute right to refuse to answer police questions. This right applies whether you are in custody or free to leave, whether police have read Miranda warnings or not, and at every stage of investigation and prosecution. Never try to talk your way out of arrest. Police are trained interrogators, and anything you say will be used against you. Invoke your right to remain silent clearly by stating “I am invoking my right to remain silent” or “I want to speak with my attorney.” Once invoked, police must stop questioning you. 

Once criminal proceedings begin (typically at arraignment), you have a right to have an attorney present during all critical stages. Invoke this right immediately by stating “I want an attorney” or “I will not answer questions without my lawyer present.” Police must stop questioning once you invoke. Never waive this right, even if police promise leniency or claim they are trying to help you. 

Police generally need a warrant to search your home, vehicle, or person. There are exceptions including consent searches, searches incident to arrest, inventory searches, and plain view doctrine, but the warrant requirement is the default rule. Never consent to a search. If police ask to search, state clearly “I do not consent to any search.” If they search anyway, remain calm and do not resist, but repeat that you do not consent. Let your illegal firearms possession lawyer Lansing challenge the search in court. 

If police stop your vehicle, you must provide your driver’s license, registration, and proof of insurance. You do not have to answer questions about where you are going, where you came from, whether you have weapons in the vehicle, or whether you will consent to a search. Police may ask you to step out of the vehicle, but you do not have to answer questions or consent to searches. If police see a firearm in plain view, they may seize it and potentially arrest you depending on circumstances. 

You do not have to open your door or speak with police who come to your home without a warrant. Ask officers to slide their warrant under the door or hold it to a window where you can see it. If they have a warrant, read it carefully before allowing entry. The warrant should describe specifically what they are authorized to search for and where they can search. If police do not have a warrant, state “I do not consent to your entry or any search” and do not open the door. 

When arrested and taken to jail, you will be searched, fingerprinted, photographed, and questioned for booking purposes. You must provide basic identifying information like name, address, and date of birth. You do not have to answer questions about the offense. Many defendants make critical mistakes during booking conversations with officers or on recorded jail phone calls. Assume everything you say is recorded and will be used against you. 

No, never speak with police without an attorney present. Invoke your Fifth Amendment right to remain silent immediately by clearly stating “I want to speak with my attorney” and then stop talking.  

Police may claim they are trying to help you or that cooperation will result in leniency, but their goal is to gather evidence for prosecution. Even innocent explanations can be twisted to support charges. Anything you say will be recorded and used against you at trial. Wait until your Lansing gun crimes attorneys review the evidence and advise you before making any statements to police or prosecutors. 

Whether you face jail time depends on the specific charge, your criminal history, and the facts of your case.  

Misdemeanor gun charges like brandishing may result in probation for first-time offenders, though jail time up to 90 days is possible. Felony gun charges like carrying concealed without a license or felon in possession carry potential prison sentences of five years or more. Felony firearm charges carry mandatory prison sentences of two years minimum that must be served consecutively to any other sentence. However, many gun charges can be defended successfully or reduced to lesser offenses through negotiation. An experienced gun charge defense Lansing attorney can evaluate your specific situation and provide an honest assessment of possible outcomes. 

Most misdemeanor gun cases in district court resolve within two to four months from arraignment through trial or plea.  

Felony cases take longer because they require preliminary examination in district court before moving to circuit court for trial. Felony cases typically resolve within four to eight months, though complex cases can take a year or longer. Cases involving extensive investigation, multiple defendants, or federal charges may take longer. Factors affecting timeline include court schedules, discovery volume, motion practice, and negotiation progress. Your Michigan gun crime lawyer can give you a more specific timeline based on your charges and the court where your case is pending. 

Yes, many gun charges are dismissed or reduced through effective defense work.  

Dismissals often result from successful suppression of illegally obtained evidence, lack of probable cause at preliminary examination, witness credibility problems, or prosecutorial discretion following investigation by your attorney. Charge reductions occur through plea negotiations where your firearms lawyer in Lansing demonstrates weaknesses in the prosecution’s case or presents mitigating factors. First-time offenders often receive more favorable treatment than repeat offenders.  

However, every case is unique and outcomes depend on specific facts, evidence, and circumstances. The earlier you hire an attorney, the better your chances of favorable resolution. 

Your first court appearance is the arraignment, which typically occurs within 48 hours of arrest if you remain in custody or by summons if you were released.

At arraignment, the judge formally advises you of the charges, your constitutional rights, and possible penalties. The judge sets bond conditions including cash bail amount, GPS tether requirements, travel restrictions, and no-contact orders. You enter a plea of not guilty, guilty, or no contest. Most defendants plead not guilty at arraignment to preserve all defense options. For misdemeanors, the court will schedule a pretrial conference. For felonies, the court will schedule a preliminary examination.

Having your attorney at arraignment is crucial because bond conditions set at this hearing remain in effect throughout your case unless modified.

Yes, a gun crime conviction creates a permanent criminal record visible to employers, landlords, and licensing agencies conducting background checks.  

Misdemeanor convictions appear on background checks and can be set aside (expunged) after waiting periods, typically five years. Felony convictions appear on background checks indefinitely and can sometimes be set aside after waiting periods, typically five to seven years depending on the offense. However, even after set-aside, federal law may still prohibit gun possession. Some gun convictions cannot be set aside. The best way to avoid a criminal record is to fight charges successfully or negotiate a dismissal before conviction. Your Michigan gun crimes attorney should advise you on record consequences before you resolve your case. 

No, never plead guilty without consulting an experienced gun crime defense attorney who has thoroughly investigated your case.  

Many defendants plead guilty at arraignment believing they have no defense, only to learn later that police violated their rights, evidence was weak, or better outcomes were possible through negotiation. Even if you believe you are guilty, an attorney may identify defenses you did not consider including constitutional violations, lack of possession, license defenses, or self-defense justifications. Additionally, an attorney can often negotiate charge reductions, diversion programs, or sentencing agreements that minimize consequences.  

Gun convictions carry serious penalties and permanent gun rights loss. You owe it to yourself to explore every defense option before accepting a conviction. 

Absolutely, yes. Gun charges in Michigan carry serious felony penalties, mandatory minimum sentences, permanent gun rights loss, and collateral consequences affecting employment and housing.  

The Michigan criminal justice system is complex, and prosecutors have significant resources dedicated to convicting defendants. Representing yourself puts you at an enormous disadvantage. An experienced gun charges Michigan defense attorney knows constitutional law, understands local court procedures, has relationships with prosecutors and judges, can identify defense opportunities you would miss, and negotiates from a position of strength because prosecutors know skilled attorneys will fight at trial.  

The stakes are too high to face gun charges without professional legal representation. Monument Legal offers free consultations to evaluate your case and explain how we can help. 

Lack of knowledge and lack of possession are strong defenses to gun charges.  

Prosecutors must prove you possessed the firearm, which requires showing you had knowledge of its presence and control over it. If someone left a gun in your vehicle without your knowledge, if you were driving a borrowed car containing a firearm, or if the weapon was in a shared space accessible to others, you may have a valid defense.  

Your attorney will investigate who actually owned the gun, whether your fingerprints or DNA are on the weapon, whether the location where police found it suggests someone else possessed it, and whether circumstances indicate lack of knowledge. Present this defense early through your attorney, but never try to explain it to police without legal representation. 

Restoring gun rights after a conviction is difficult but sometimes possible depending on the conviction type.  

Federal law permanently prohibits firearm possession for anyone convicted of felonies or misdemeanor domestic violence. Michigan law may restore state gun rights through expungement (set-aside) after waiting periods, but federal prohibition may remain. Some convictions cannot be expunged.  

If your conviction is expunged under Michigan law, you may be able to possess firearms under state law, but federal law is more restrictive. The best way to protect your gun rights is to fight charges successfully and avoid conviction. If you are already convicted, consult with an attorney about potential restoration options specific to your conviction.