Illegal Firearms in Michigan

Illegal Firearms in Michigan

Apr 19, 2024 | Know Your Rights, Your Rights

Illegal Gun Ownership in Michigan: Insights and Statistics

The issue of illegal gun ownership in Michigan is a complex one, influenced by various factors ranging from criminal activity to loopholes in regulatory measures.

Understanding who owns illegal guns is crucial for developing targeted interventions and addressing the root causes of firearms-related crime. Let’s explore the demographics and statistics surrounding illegal gun ownership in Michigan.

Demographic Insights

  1. Criminal Element: A significant proportion of illegal guns in Michigan are owned by individuals with criminal backgrounds. This includes convicted felons, individuals with restraining orders, and those involved in illicit activities such as drug trafficking and gang violence.
  2. Youth Involvement: Youth involvement in illegal gun possession is a concerning trend in Michigan. According to data from law enforcement agencies, a notable number of illegal firearms are seized from young individuals involved in street crime and gang activity.
  3. Trafficking Networks: Illegal firearms often flow through sophisticated trafficking networks, involving individuals with connections to criminal organizations and underground markets. These networks facilitate the movement of guns across state lines, making it challenging for law enforcement to track and intercept illegal weapons.

Statistical Overview

  1. ATF Tracing Data: Data from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides insights into the origins of illegal guns recovered by law enforcement agencies in Michigan. From 2016 to 2020, ATF reports indicate that a significant percentage of traced firearms were obtained through illegal channels, including straw purchases, thefts, and unregulated sales.
  2. Crime Gun Analysis: Crime gun analysis conducted by law enforcement agencies offers valuable insights into the types of firearms used in criminal activities. In Michigan, handguns are the most commonly recovered illegal firearms, followed by rifles and shotguns. This underscores the prevalence of illegal handguns in urban areas, where they are often used in acts of violence and intimidation.
  3. Geographical Patterns: Geographical analysis of illegal gun ownership in Michigan reveals regional disparities in firearms-related crime. Urban areas such as Detroit and Flint experience higher rates of illegal gun possession and firearms-related violence compared to rural areas. Factors such as poverty, unemployment, and lack of access to legal firearms contribute to these disparities.

Addressing the Issue

Combatting illegal gun ownership in Michigan requires a multifaceted approach that addresses the underlying factors driving firearms-related crime. This includes:

  • Strengthening enforcement efforts to disrupt trafficking networks and dismantle illegal firearms markets.
  • Implementing targeted interventions aimed at at-risk youth to prevent their involvement in gun-related criminal activities.
  • Enhancing regulatory measures to close loopholes and prevent the diversion of legal firearms into the illegal market.

Understanding the demographics and statistics surrounding illegal gun ownership in Michigan is essential for developing effective strategies to combat firearms-related crime. By targeting enforcement efforts, addressing root causes, and fostering collaboration between law enforcement agencies and community stakeholders, Michigan can work towards reducing the prevalence of illegal guns and creating safer communities for all residents.

Understanding Michigan Law

Michigan’s laws regarding firearm ownership and possession are outlined in the Michigan Compiled Laws (MCL). Specifically, MCL 28.422 details the criteria for obtaining a Concealed Pistol License (CPL) and outlines the procedures for individuals seeking to restore their firearms rights.

MCL Section 750.224 is another location to find laws about weapons in Michigan.

MCL – Section 750.224a has more.

Go through each section by using the next arrow on the website. 

You may want to come back and take a look at the laws in more detail as this article does not dive too deep into the laws.  There’s a lot.

Real Questions from Real Calls

Question: What if I get caught with an unregistered gun in Michigan?

Answer: Say as little as possible and call a lawyer ASAP.

 Real Questions from Real Calls

Question: What about my Long Gun in Michigan?

Answer: Universal background checks

Previous state law only required background checks for pistol sales and effectively didn’t mandate such criminal background checks or registration for other types of firearms, such as rifles.

A prohibition on purchasing a firearm without a license in the state, as well as a new mandate for universal background checks for all firearm sales, go into effect in Feb 2024. This will not impact individuals who have already purchased long guns without such requirements. More you need to know about the new laws.

Komorn Law Established 1993

Steps to Restore Second Amendment Rights

1. Expungement of Convictions

For individuals with criminal convictions, pursuing expungement may be the first step towards restoring their firearms rights. Michigan’s recent expungement laws allow for the sealing of certain criminal records, enabling individuals to regain their firearms privileges under specific circumstances. Refer to MCL 780.621 for more information on the expungement process.

2. Petition for Restoration

Those who have lost their firearms rights due to criminal convictions or mental health adjudications can petition the court for restoration. This involves filing a petition with the circuit court in the county of residence. The court will review the individual’s case, considering factors such as rehabilitation, conduct since the conviction, and any mitigating circumstances. Consult MCL 28.425 for detailed information on the restoration process.

3. Compliance with Federal Requirements

In addition to state laws, individuals seeking to restore their firearms rights must also comply with federal regulations. This may include completing background checks and adhering to any federal restrictions on firearms ownership.

Seeking Legal Counsel

Navigating the process of restoring Second Amendment rights can be complex, especially considering the legal intricacies involved. As such, seeking guidance from a qualified attorney specializing in firearms law is highly recommended.

An attorney can provide invaluable assistance, ensuring that individuals understand their rights and obligations under both state and federal law.

Real Questions from Real Calls

Question: The application from the ATF Form 4473 asks if I use any illegal drugs. I have my medical marijuana card and it’s legal in Michigan right? So can I get a gun?

Answer: Unless you are the president’s son if you answered “No” on the form where it asks if you use illegal drugs you would be lying and your gun rights probably taken away and possibl;y charged with a crime.

Marihuana is still illegal federally and still in the public health code and listed as a controlled substance 1 in Michigan.

As it states on the ATF Form 4473 Part 1

Q: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

If you got this far here are some news articles

Here’s what you need to know about Michigan’s gun laws that take effect Tuesday (Feb 13, 2024)

Michigan: House Passes Long Gun Registration & Permit Mandate  (March 10, 2023)

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers (April 12, 2024)

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Restoring Second Amendment Rights in Michigan

Restoring Second Amendment Rights in Michigan

Apr 17, 2024 | Know Your Rights, License Restoration, Your Rights

Restoring Your Gun Rights

As of 4/17/24…There is still a second amendment

The Second Amendment of the United States Constitution grants citizens the right to bear arms, a fundamental aspect of American freedoms.

However, in some cases, just like every other right being slowly chipped away you may lose those rights which I guess would not be rights but “granted rights” by the grace of those in power. Certainly some people don’t deserve the right.

For residents of Michigan seeking to restore their firearms privileges, understanding the process and requirements is essential.

In this article, we’ll delve into the steps one can take to regain their Second Amendment rights in Michigan.

Understanding Michigan Law

Michigan’s laws regarding firearm ownership and possession are outlined in the Michigan Compiled Laws (MCL). Specifically, MCL 28.422 details the criteria for obtaining a Concealed Pistol License (CPL) and outlines the procedures for individuals seeking to restore their firearms rights.

You may want to come back and take a look at the law in more detail as this article does not dive too deep.  Your specific situation may not be mentioned here but in the laws.

Causes of Denial

Before delving into the restoration process, it’s crucial to comprehend the common reasons for the denial of firearms rights. Individuals may face denial due to:

 

  • Criminal Convictions: Felony convictions often result in the loss of firearms rights. This includes offenses such as assault, domestic violence, drug-related crimes, and certain types of theft.
  • Mental Health: Adjudications: Individuals who have been involuntarily committed to a mental health facility or have been deemed legally incapacitated may face restrictions on firearms ownership.
  • Domestic Violence Convictions: Convictions related to domestic violence can lead to the loss of Second Amendment rights, particularly if the offense involves the use or attempted use of physical force.
Komorn Law Established 1993

Steps to Restore Second Amendment Rights

1. Expungement of Convictions

For individuals with criminal convictions, pursuing expungement may be the first step towards restoring their firearms rights. Michigan’s recent expungement laws allow for the sealing of certain criminal records, enabling individuals to regain their firearms privileges under specific circumstances. Refer to MCL 780.621 for more information on the expungement process.

2. Petition for Restoration

Those who have lost their firearms rights due to criminal convictions or mental health adjudications can petition the court for restoration. This involves filing a petition with the circuit court in the county of residence. The court will review the individual’s case, considering factors such as rehabilitation, conduct since the conviction, and any mitigating circumstances. Consult MCL 28.425 for detailed information on the restoration process.

3. Compliance with Federal Requirements

In addition to state laws, individuals seeking to restore their firearms rights must also comply with federal regulations. This may include completing background checks and adhering to any federal restrictions on firearms ownership.

Seeking Legal Counsel

Navigating the process of restoring Second Amendment rights can be complex, especially considering the legal intricacies involved. As such, seeking guidance from a qualified attorney specializing in firearms law is highly recommended.

An attorney can provide invaluable assistance, ensuring that individuals understand their rights and obligations under both state and federal law.

Real Questions from Real Calls

Question: The application from the ATF Form 4473 asks if I use any illegal drugs. I have my medical marijuana card and it’s legal in Michigan right? So can I get a gun?

Answer: Unless you are the president’s son if you answered “No” on the form where it asks if you use illegal drugs you would be lying and your gun rights probably taken away and possibl;y charged with a crime.

Marihuana is still illegal federally and still in the public health code and listed as a controlled substance 1 in Michigan.

As it states on the ATF Form 4473 Part 1

Q: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

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What is corruption? U.S. Supreme Court will hear arguments

What is corruption? U.S. Supreme Court will hear arguments

Apr 13, 2024 | Blog, Michigan Crime, Michigan News

What is corruption? U.S. Supreme Court will hear arguments that could impact bribery cases in Illinois

The high court is reviewing a law that’s popular among federal prosecutors — including those pursuing former Illinois House Speaker Michael J. Madigan.

A cash-strapped mayor in northwest Indiana goes to a trucking company after engineering city contracts in its favor, and he tells its owners he needs money.

They pay him $13,000 for consulting. But there’s no evidence he did any work.

The feds call that corruption. But next week, the U.S. Supreme Court will consider whether the mayor even committed a crime under a law that’s popular among federal prosecutors — including those pursuing former Illinois House Speaker Michael J. Madigan.

Read more here at the Chicago Sun Times

Komorn Law Established 1993

Real Questions from Real Calls

Question: There is so much corruption in my case I need a lawyer!

Answer: Do you have irrefutable evidence?

 

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MSP Flint post commander rigging promotion exams says lawsuit

MSP Flint post commander rigging promotion exams says lawsuit

Apr 12, 2024 | Blog, Michigan Crime, Michigan News

Ex-Flint Michigan State Police post commander sued by trooper following internal probe

The former commander of the Michigan State Police post in Flint is alleged to have been providing answers to promotion exam questions to favored officers, while also engaging in retaliatory actions against others, as stated in a federal lawsuit.

The lawsuit, filed in federal court in Flint, sheds additional light on an ongoing MSP internal affairs investigation that originated at the Flint post. This investigation has resulted in several personnel actions, including firings, forced retirements, a demotion, and a resignation. Furthermore, it has had an impact on the MSP post in West Branch, located in Ogemaw County.

First Lt. Yvonne Brantley, who was the post commander in Flint, retired in lieu of being fired. Sgt. Jared Chiros, who worked at the Flint post, had resigned.

Brantley is the sole defendant named in the lawsuit filed by Trooper Evan Neilson, although Chiros also holds a substantial involvement in the legal proceedings.

The internal affairs investigation determined that Brantley would favor or target certain individuals for promotion or non-promotion and for those who she wanted promoted, she would feed them answers to test questions and provide the test questions to prepare for taking the examination the lawsuit alleges.

DUI for Alcohol or Marijuana or Prescription Drugs - Fight it

Real Questions from Real Calls

Question: I need to sue the police for civil rights violations. Do you do that?

Answer: We are sorry. We are a legal defense firm and will fight for your rights and freedom in the “justice system” but we do not do lawsuits at this time. Maybe in the near future.

 

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Michigan Expungement Law Reaches the 3 Year Mark

Michigan Expungement Law Reaches the 3 Year Mark

Apr 12, 2024 | Blog, Expungement

April 2024 – Michigan Expungement Law 3 year Anniversary

Three years after the implementation of the “Clean Slate” law, advocates are hailing its significant impact on expanding expungement opportunities in Michigan.

On October 13, 2020, Public Act 193 of 2020 was signed into law with an effective date of April 11, 2021. This act included a group of bills collectively known as the “Clean Slate” package. These bills have impacted the rules and procedures an individual may use to have prior convictions set aside. 

To make those changes, the legislation provided for a two-year development process, making the effective date April 11, 2023.

The legislation, enacted in two phases, aimed to address barriers to a fresh start for individuals with past criminal convictions.

The first phase, effective in 2021, broadened eligibility for court-ordered expungements. It allows individuals to petition for the expungement of up to three felonies and an unlimited number of misdemeanors.

The second phase, implemented one year ago, established a system for automatic expungement. Under this provision, the Michigan State Police developed a computerized system to automatically clear certain records after designated waiting periods. This includes up to two felonies after ten years and four misdemeanor offenses with sentences exceeding 93 days.

Additionally, the law mandated local courts to automatically seal records of misdemeanors carrying sentences of 92 days or less.

Legislature of Michigan – MCL 750.621g.  Details the types of offenses and waiting periods for automatic record clearance.

Question: How much does it cost for an attorney to handle and expungement?

Answer: If eligible costs for an expungement start at $1500.00

Real Questions from Real Calls

Question: If expungement is automatic why do I need an Attorney?

Answer: The only thing the govenment does somewhat right automatically is find ways to take your money and spend it. The reason you need a lawyer is you may have to fight for it in some situations and you may still have to appear before a Judge and Prosecutor to be finalized.

 

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