Grand Rapids Weapon Offense Attorney

The Second Amendment of the United States Constitution guarantees the right to bear arms. The federal and state governments, however, have the ability to limit the right to bear arms in the interest of public health and safety. It is extremely important to understand the limits of your Second Amendment Rights if you are a gun owner, carrier, or user in Michigan. If you have been charged with a weapons charge hire an experienced criminal defense attorney. We serve Grand Rapids and Western Michigan. Call us or Contact Us today!

Carrying a Concealed Weapon in Michigan

            Unless you have a valid concealed pistol license (CPL) it is illegal to carry a pistol that is concealed on your person or in your vehicle (except when you are on your own property) in accordance to MCL 750.227. Further, if you are carrying the pistol in a manner that is “inconsistent with any restrictions of your CPL license”, you could be charged with what is commonly called “CCW” or Carrying a Concealed Weapon. This law does not limit itself to firearms, it is also illegal to knowingly carrying a concealed stabbing or cutting weapon (with the exception of hunting knives). 

            Carrying a Concealed Weapon is a felony that carries a maximum sentence of 5 years in prison and fines of up to $2,500.00. If you are convicted of a CCW you will no longer be allowed to carry or own firearms and will face restricted voting rights. Additionally, you will likely see significant effects on your everyday life, such as your ability to gain employment, obtain a professional license, and even enroll in higher education.

Felon in Possession of a Weapon

If you are convicted of a felony in Michigan, you lose the right to carry a firearm. If you are caught with a firearm and have a prior felony, you could be convicted of what is commonly called” Felon in Possession.” Under MCL 750.224f(2) “A person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years. . .” After circumstances are met. (See MCL 750.224f). It is unlawful for you to transport a firearm, you cannot even have another individual in your vehicle with a firearm that is moving the firearm from one location to another. You cannot own or carry a firearm. You cannot be involved in the sale of guns. You cannot receive a firearm from another individual (even a family member). You cannot own or carry a firearm. You cannot fire a gun. 

            If you participate in any of the above activities within three to five years of a prior felony conviction, you can face extreme consequences, including up to five years in prison and thousands of dollars in fines. 

Weapon Charge Defenses

            At Tanis Schultz, we work to develop a defense strategy that fits your case. We analyze the evidence to determine whether it’s possible to dismiss the charges against you before a trial to see if a trial is even necessary. If you have experienced one of the below events, call us today for a free consultation.

• If law enforcement obtained evidence against you in violation of your constitutional rights, that evidence cannot be used against you. For example, if the police made an illegal traffic stop, they must have a valid reason to pull you over. 
• If law enforcement pulled you over without articulable suspicion that you were committing a crime, any evidence obtained from that traffic stop may be suppressed from the state’s case. 
• If law enforcement searched your vehicle illegally, any evidence obtained may be suppressed as well. Law enforcement needs your consent or probable cause to believe you are hiding something illegal in your vehicle to conduct a search. Law enforcement has a right to pat you down if they have grounds to believe that you have a weapon and are posing a risk to their safety during a stop and talk. 
• If they have probable cause to arrest you they may search your person for weapons or evidence of the crime of which you are suspected.
•  If we are able to show the Judge that law enforcement did not have reasonable grounds to pat you down or did not have probable cause to arrest you, the evidence that law enforcement obtained during that search may not be admissible in court. 

Hire a Skilled and Experienced Grand Rapids Criminal Attorney Today

It is extremely important to consult with an experienced weapons attorney before speaking with any law enforcement or policy agency. At Tanis Schultz, we will be able to investigate the matter to determine if the police had authority to stop you, search you, and whether you were actually in possession of the weapon. 

Contact us today for a free consultation.