Marijuana retailer drops lawsuit against City of Ypsilanti

Marijuana retailer drops lawsuit against City of Ypsilanti

YPSILANTI, MI – Less than four months after a company sued Ypsilanti over the city’s marijuana business licensing process, the company has dropped the legal claims.

AMA Operations, LLC — a company that sought one of 10 local marijuana retailer permits — alleged in a lawsuit filed in December the process the city used to dole out the permits broke Michigan law and resulted in “preferential treatment” for competitors.

The company took issue with a scoring system used to rank applicants and sought a court order to nullify some competitors’ permits.

In January, city leaders authorized retaining an outside attorney specializing in marijuana-related litigation, Michael Komorn and his firm Komorn Law, to assist with the litigation.

In Ypsilanti, local marijuana permits have been a significant money-maker for the city, this year bringing in $338,000 in funds city leaders have in the past dedicated to social equity programs.

Read the Article Here at MLive –> Marijuana Retailer Drops Lawsuit

“When you need a defense lawyer to go on the offense to fight the justice system. Michael Komorn is the attorney you hire.” 

Read more: Marijuana retailer sues Ypsilanti over licensing process, seeks to nullify some competitors’ permits

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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal

Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal

Summary: Komorn Law has won another case in Circuit Court. The Judge suppressed the 26 pounds  of marijuana of evidence seized following a traffic stop and then lead to the dismissal of the case. The police conducted an unlawful  inventory  search,  contrary to the police department’s established procedures.

Michael  A.  Komorn  and  Alyssa  L. McCormick  won  suppression  of evidence  in  the  56A Judicial District  Court  on  an  inventory  search / People v.  Toohey  (438  Mich.  265;  475 N.W.  2d  16 (1991)) issue.

Circuit  Court  Opinion of  the  Month: Unlawful  Inventory  Search The  Honorable  Julie  A.  O’Neill,  of  the  56A Judicial  District  Court,  in  May  suppressed  evidence seized following  a  traffic  stop and then  dismissed the case.

Judge  O’Neill  found that  police  conducted an unlawful  inventory  search,  contrary  to  the  police department’s  established procedures,  and,  pursuant to  People v.  Toohey,  438  Mich.  265;  475 N.W.2d  16 (1991),  the  improperly  seized  evidence  had  to  be suppressed.

Once  the  evidence  was  suppressed,  there was  no  evidence  to  support  bindover  to  circuit  court, so  the  case  was dismissed. The defendant  was  stopped  by  Potterville Police Chief  Barry  for  speeding  and  improper  use  of  a  turn signal.  The  defendant  did  not  have  on  his  person  his driver’s  license,  but  subsequent  investigation revealed that  the  defendant  was  properly  licensed and had no  outstanding  warrants.

Chief Barry,  upon approaching  the  pickup  truck,  saw  a black  plastic trash  bag  on  the  passenger  seat;  the  Chief,  who  later testified  he  could  smell  marijuana,  asked  the  driver multiple  times  about  the  contents  of  the  bag;  the defendant  replied that  it  was  trash.

The defendant also replied  that  he  had  some  marijuana wax  in  his possession.  Backup arrived, and the  defendant  was told  to  exit  the  vehicle;  he  complied  and  then  locked it.  He consented to a search of his person but declined a request by  police  to  search  the  truck.

The driver  was  handcuffed and placed into  the  Chief’s vehicle.  Officers  looked through  the  windows  of the pickup and noticed another  plastic  trash  bag  in  the behind  the  seats,  as  well as  a smaller  plastic  bag with  a leafy,  green  substance  visible.

The  Chief called  a prosecutor,  who  advised that  an  arrest  could be  made  for  the  misdemeanor  of not  having  a  license in  his  possession.  The driver  was  arrested.  Later, 6 Criminal  Defense Newsletter   June  2021 during  a  search  of the  pickup truck,  just  over  26 pounds  of marijuana  was  found.

The  defendant  challenged the  arrest  as  illegal because,  he  argued,  he  constructively  possessed his license.  His  wife  was  able  to  text  a  photo  of  the license,  which  Chief  Barry  was  able  to  observe.

Judge  O’Neill rejected  that  argument  and  held  that the  statute,  M.C.L.  257.311,  expressly  requires a driver  to have an  operator’s  license “in  his  or  her immediate  possession  at  all times.”

The  defendant  also  challenged the  inventory search  as  illegal,  and  Judge  O’Neill,  as  noted  above, agreed.  The Toohey  case  requires  that  inventory searches  be conducted “in  accordance  with established  departmental  procedures  …  and  must Reports  and  Studies not  be  used  as  a pretext  for  criminal investigation.”

Judge O’Neill  rejected  the  prosecution  arguments, which  included  that  police  had  probable  cause  to search  due  to  either  plain-view  or  the automobile exception.

The  defendant  was  represented by  Michael  A. Komorn;  the  opinion  in  People  v.  Michael Anthony Gonzalez,  56A  Judicial District  Court  No.  20-111-FY.

Accused of being high as a kite and smoking dirt weed

Accused of being high as a kite and smoking dirt weed

The Charge – OWI (Accident and 17 nanograms of THC)

Set for Trial

Thursday, March 18, 2021 at 8:00 am. We arrived at the Roscommon District Court House and were prepared for a 2-day jury trial. We had been preparing for weeks prior for this ongoing case from two years ago (March 2019) that the prosecutor insisted on pursuing.

The Complaint

The Complaint against our client was an alleged OWI Operating While Intoxicated/ Under the Influence or a Controlled Substance. As with all OWI cases, we would also need to defend the lesser included charges of (Operating While Impaired).  ( link to both Statutes here). 

The prosecution had a lab report that stated there was a suspected 17 nanograms of THC and100 nanograms of Carboxy-THC.

Types of Charges

According to the information posted on the Michigan SOS site the following (current 3/20/21)

Operating While Visibly Impaired (OWVI) means that because of alcohol, controlled substance, or other intoxicating substance, you ability to operate a motor vehicle was visibly impaired.

Operating While Intoxicated (OWI) includes 3 types of violations:

  1. Alcohol, drugs or other intoxicating substance in your body substantially affected your ability to operate a motor vehicle safely.
  2. A bodily alcohol content (BAC) at or above 0.08. This level can be determined through a chemical test. High BAC means the alcohol level in your body was at or above 0.17. This level can be determined through a chemical test.
  3. Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD) means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired. This can be determined through a chemical test.

Case Background

In March of 2019, the police were called to the scene of a single car accident. The vehicle, a 2004 Saturn Ion with apprehensive steering issues, had hit an electric utility pole that caused the neighbors to lose power. The car was totaled.

Upon initial contact with the Advanced Roadside Impaired Driving Enforcement (ARIDE) officer, my client explained the cause of the accident. The passenger tires of her vehicle got caught up in the gravel on the side of the road and she was pulled into the ditch. I lost control of the car and hit the pole.  

Within 6 minutes of arriving at the scene the ARIDE officer claimed the vehicle and my client smelled of burnt marijuana. No marijuana was found at the scene.

The ARIDE Officer claimed our client’s pupils were dilated. There were initial concerns from the ARIDE officer with my client’s ability to perform the Standard Field Sobriety Tests (SFST) because of the accident.

Within 9 minutes of arriving at the scene, and prior to any examination by the EMS/ Paramedics, one of the EMS declared that she had been smoking doobies and classified it as dirt weed.  “I think she reeks like doobies”. I think she’s smoking dirt weed but I think she’s high” were some statements by the EMS/Paramedic.

We could not wait to find out under oath how this EMS/Paramedic had the expert knowledge of recognizing “dirt weed”.

When the ARIDE Officer asked the victim of the accident (our client) if she was okay to do Standard Field Sobriety Tests (SFST), our client indicated she felt “Fuzzy” from the accident. The ARIDE Officer asked the EMS/Paramedic if he thought our client could perform the SFST. The EMS/Paramedic looked at the totaled vehicle and stated there is not that much damage to the vehicle and I don’t see why she couldn’t take the tests (despite never conducting an examination of our client.

The ARIDE officer then went into the ambulance where our client was seated and being examined by an EMT. The officer was told that he wasn’t done yet, but if he needed to talk to her – he could. The ARIDE officer then told my client she had been cleared to do SFST.

Fail and Arrest (Standard Operating Procedure)

The ARIDE officer then had my client perform SFST and claimed she failed because she was “under the influence of marijuana”. None of the SFST have ever been established to show impairment for marijuana or cannabis). The ARIDE Officer also failed miserably at following the proper protocols in administering the SFST test. 

We were ready to address both of these issues on cross examination. 

My client was subsequently arrested, consented to a blood draw, and was taken back to the jail. Upon arrival at the jail, she was then tested by the Drug Recognition Evaluator (DRE). That officer concluded my client was impaired by Central Nervous System Depressant CSN, contrary to the ARIDE officer.

We were additionally prepared and looking forward to addressing this issue on cross examination 

Back to the Trial

Today… we picked a jury, and prior to the opening statements and some issues about discovery and brady violations, the state decided to Nolle Pros (dismiss all the driving charges) in exchange for a civil infraction plea of responsible… and of course a fine.

What Is a Brady Violation?

The Brady Rule, named after a 1963 case decided by the United States Supreme Court, governs discovery issues in criminal trials. Under its terms, the prosecution must turn over all exculpatory evidence to the defense; this is evidence that is favorable to the defendant and, therefore, might exonerate him, or impeach the credibility of a state witness. The evidence must be material to the case, meaning that if it were divulged prior to or during the trial, it would affect the verdict.

But what about the dirt weed?

Although this case is considered a victory. We still feel like we were shorted somewhat on finding out how the declaration of “Dirt Weed” lead in part to the arrest.  We wanted to hear the explanation… we wanted to know how it was determined… that she was smoking “Dirt Weed”.  

That moment never came because the allegations of the alleged crime were Nolle Pros

A Strong Client is the Key to a Successful Outcome

Today… a victory for a client and another revealing look into the justice system.

I want to commend my client for having the courage to stand tall and fight for her rights.  She is also did not give in to the unbearable stress and pressure she has had to endure the last 2 years.

Many people do not fight back, or challenge these types of allegations. Despite the seriousness of the accident, she had confidence in the case and our defense that an accident does not automatically equate to the crime of driving under the influence of marihuana. Because sometime an accident is just and accident.

Komorn Law PLLC

I want to thank the entire team at Komorn Law PLLC for the effort that was necessary to accomplish this outcome. Together we saved someone from a state manufactured conviction.

If you or someone you know needs an attorney who is equally driven to win as his clients. There’s just one name they need know… Attorney Michael Komorn of Komorn Law.

 I also want to thank all the folks at Komorn Law PLLC for all their efforts in achieving this result.  Attorney Alyssa McCormick, Attorney Allen Peisner, Attorney Jeff Frazier, Steve Miller, Jen St. Amant.  It was truly a team effort.

I also want to thank Attorneys David Rudoi and Bernie Joucuns for their efforts in assisting in prepping for trial.

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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

Victory in Ann Arbor Court for Medical Marijuana Patient on Probation

Victory in Ann Arbor Court for Medical Marijuana Patient on Probation

Komorn Law is proud to report a significant and relevant case victory directly related to our recent Michigan Court of Appeals Opinion win in the People v. Thue case where as a registered medical marijuana patient cannot be penalized for consuming medical marihuana while on probation.

The Client Issue

Our client was charged with violating his probation for allegedly testing positive for “Marihuana” on 2 occasions. The allegations were based upon a urine test which both indicated the metabolite of Delta-9 THC, Carboxy -11/ COOH-11.

Our client was certified as a medical marihuana patient after the date of the first alleged violation but before the second alleged violation. We had filed several motions, including but not limited to, a “Motion to allow for the Medical Use of Marihauana While on Probation”.

A probation violation hearing began on January 14, 2021, whereby testimony was taken, from the probation officer, and our expert.

Our position and the evidence we presented established that the urine samples indicating the metabolite Carboxy-11 COOH-11, were from a lawful source. The matter was adjourned, mid hearing.

Return to Court

On February 22, 2021 – when we appeared before the court again in person, we were happy to hear the court had read and reviewed the People v,.Thue case, commented on our involvement, and was prepared to rule on the allegations regarding the 2 positive urine tests.

Because of the People v,Thue case our previous position regarding “lawful THC” became moot.

In summary the court found that because of the current valid medical marihuana patient status of my client, he could not be revoked from probation, for either violation. That is to say, that the allegation of his use prior to becoming a registered medical marihuana patient (and the allegation after he became a certified patient) were dismissed.

“Counsel, that is my interpretation of the case” the Court said. To which I replied, I agree that is the correct interpretation. 

The Court dismissed both of the violation, and amended the sentencing order to allow for the medical use of cannabis while on bond.

Huge shout out to our client for his courage in wanting to assert his rights and challenge the allegations, the legal defense team at Komorn Law PLLC, and Dr. Land for his expertise in science and assistance in presenting our case.

MK

Client charged with Carrying a Concealed Weapon

Client charged with Carrying a Concealed Weapon

Our client was charged with 5 year felony-carrying a concealed weapon.

Here’s the law they were charged with…

MCL750.227 Concealed weapons; carrying; penalty.

Sec. 227.

  (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.

  (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

  (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.

Case Victory

Komorn Law PLLC, is proud to announce another victory and rare outcome in the broken criminal justice system.

Case Background

The allegations in this matter, arose out of a traffic stop by the Sherriff’s Department. It was not a surprise that the case had several issues related to the stop, arrest and seizure of both the accused and the evidence intended to be used at trial.

After raising these issues, and being prepared to proceed with a hearing to address these issues, the state capitulated – or – said another way, they made an offer that we couldn’t refuse.

Important Legal Lesson For Gun Owners

This case represents an important legal lesson for second amendment possessors and advocates.

If you possess a firearm and while transporting it in your vehicle are involved in a traffic stop by the police. You can be assured that the manner or method of that transport will be heavily scrutinized (see below for Michigan firearm transport in vehicle laws).

My client had expressed to me his top priorities for the outcome of this matter, and on that list was his right to preserve his right to possess and own a firearm ( in addition to avoidance of a felony conviction, jail, or similar encumbrances) .

This was based upon concerns for safety at or upon his residence.

The final result and outcome in this matter allowed him to achieve this goal and move on with his life without affecting his future while retaining all of his fundamental rights.

Case Outcome

Client was charged with 5 year felony-Carrying a Concealed Weapon. Client resolved matter by pleading to a reduced charge of an unregistered vehicle and sentenced to a fine. Any and all second amendment rights, including ccw / pistol permit retained and unaffected by this disposition.

Mission Accomplished!

Tap the number for an Attorney to fight for your freedom and your life > 248-357-2550Komorn Law

GUN LAWS in MICHIGAN

As with any law or anything you find on the internet, before you act, one should get their information directly from a government website and/or consult an attorney.

Michigan’s Gun Laws

Licenses are issued at the local level by county clerks. A permit to purchase, a background check and firearms registration are required to buy a handgun from a private individual. 

Open carry is legal in Michigan with several restrictions. Open carry is allowed in more places than concealed carry as the restricted areas which can be found in MCL 28.425o apply to concealed carry. 

28.425o Premises on which carrying concealed weapon or portable device that uses electro-muscular disruption technology prohibited; “premises” defined; exceptions to subsections (1) and (2); violation; penalties.

Concealed carry is legal in Michigan with a Concealed Pistol License (CPL) and for individuals at least 21 years old who have CCW licenses/permits issued with  successful completion of a firearms training.

A Concealed Pistol License (CPL) is issued to residents only, with exceptions for active duty military stationed in Michigan as well as active duty military stationed outside of Michigan.

Each state in the USA has reciprocity laws. Michigan currently recognizes resident permits from all states, the District of Columbia and Puerto Rico (Note: Before traveling check each states laws for any changes or updates from an official state website).

Michigan is a Castle Doctrine (see  Self Defense Act 780.972 below) state.  A person may use deadly force, with no duty to retreat, if the individual has an honest and reasonable belief that such force is necessary to prevent the imminent death, great bodily harm or sexual assault to that person or to another individual. Any person who uses a gun legitimately in self-defense has immunity from civil liability. 

The Law for a Common Question About Transporting a Firearm in Michigan

Transporting or possessing firearm in or upon motor vehicle

750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.

Sec. 227d.

  (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following:

  (a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:

  (i) Taken down.

  (ii) Enclosed in a case.

  (iii) Carried in the trunk of the vehicle.

  (iv) Inaccessible from the interior of the vehicle.

  (b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following:

  (i) Taken down.

  (ii) Enclosed in a case.

  (iii) Carried in the trunk of the vehicle.

  (iv) Inaccessible from the interior of the vehicle.

  (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

THE LINKS to SECTIONS of CHAPTER 750

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Chapter XXXVII
FIREARMS

DocumentTypeDescription
Section 750.222SectionDefinitions.
Section 750.222aSection“Double-edged, nonfolding stabbing instrument” defined.
Section 750.223SectionSelling firearms and ammunition; violations; penalties; “licensed dealer” defined.
Section 750.224SectionWeapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; “muffler” or “silencer” defined.
Section 750.224aSectionPortable device or weapon directing electrical current, impulse, wave, or beam; sale or possession prohibited; exceptions; use of electro-muscular disruption technology; violation; penalty; verification of identity and possession of license; prohibited use; definitions.
Section 750.224bSectionShort-barreled shotgun or rifle; making, manufacturing, transferring, or possessing as felony; penalty; exceptions; short-barreled shotgun or rifle 26 inches or less; short-barreled shotgun or rifle greater than 26 inches; violation of subsection (5) as civil infraction; seizure and forfeiture; applicability of MCL 776.20 to subsection (3).
Section 750.224cSectionArmor piercing ammunition; manufacture, distribution, sale, or use prohibited; exceptions; violation as felony; penalty; definitions; exemption of projectile or projectile core; rule.
Section 750.224dSectionSelf-defense spray or foam device.
Section 750.224eSectionConversion of semiautomatic firearm to fully automatic firearm; prohibited acts; penalty; applicability; “fully automatic firearm”, “licensed collector”, and “semiautomatic firearm” defined.
Section 750.224fSectionPossession of firearm or distribution of ammunition by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; definitions.
Section 750.225SectionRepealed. 1993, Act 254, Imd. Eff. Nov. 29, 1993.
Section 750.226SectionFirearm or dangerous or deadly weapon or instrument; carrying with unlawful intent; violation as felony; penalty.
Section 750.226aSectionRepealed. 2017, Act 96, Eff. Oct. 11, 2017.
Section 750.227SectionConcealed weapons; carrying; penalty.
Section 750.227aSectionPistols; unlawful possession by licensee.
Section 750.227bSectionCarrying or possessing firearm when committing or attempting to commit felony; carrying or possessing pneumatic gun; exception; “law enforcement officer” defined.
Section 750.227cSectionTransporting or possessing loaded firearm in or upon vehicle propelled by mechanical means; violation as misdemeanor; penalty.
Section 750.227dSectionTransporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.
Section 750.227fSectionCommitting or attempting to commit crime involving violent act or threat of violent act against another person while wearing body armor as felony; penalty; consecutive term of imprisonment; exception; definitions.
Section 750.227gSectionBody armor; purchase, ownership, possession, or use by convicted felon; prohibition; issuance of written permission; violation as felony; definitions.
Section 750.228SectionOwnership of pistol greater than 26 inches in length; conditions; election to have firearm not considered as pistol.
Section 750.229SectionPistols accepted in pawn, by second-hand dealer or junk dealer.
Section 750.230SectionFirearms; altering, removing, or obliterating marks of identity; presumption.
Section 750.231SectionMCL 750.224, 750.224a, 750.224b, 750.224d, 750.227, 750.227c, and 750.227d inapplicable to certain persons and organizations.
Section 750.231aSectionExceptions to MCL 750.227(2); “antique firearm” defined.
Section 750.231bSectionSale and safety inspection; persons exempt.
Section 750.231cSection“Aircraft,” “approved signaling device,” and “vessel” defined; sections inapplicable to approved signaling device; sale, purchase, possession, or use of approved signaling device; violation as misdemeanor; penalties.
Section 750.232SectionRepealed. 2017, Act 95, Eff. Oct. 11, 2017.
Section 750.232aSectionObtaining pistol in violation of MCL 28.422; intentionally making material false statement on application for license to purchase pistol; using or attempting to use false identification or identification of another person to purchase firearm; penalties.
Section 750.233SectionPointing or aiming firearm at another person; misdemeanor; penalty; exception; “peace officer defined.”
Section 750.234SectionFirearm; discharge; intentionally aimed without malice; misdemeanor; penalty; exception; “peace officer” defined.
Section 750.234aSectionIntentionally discharging firearm from motor vehicle, snowmobile, or off-road vehicle as crime; penalty; exceptions; other violation; consecutive terms; self-defense; “peace officer” defined.
Section 750.234bSectionIntentionally discharging firearm at dwelling or potentially occupied structure as felony; penalty; exceptions; other violation; consecutive terms; definitions.
Section 750.234cSectionIntentionally discharging firearm at emergency or law enforcement vehicle as felony; penalty; “emergency or law enforcement vehicle” defined.
Section 750.234dSectionPossession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.
Section 750.234eSectionBrandishing firearm in public; applicability; violation as misdemeanor; penalty.
Section 750.234fSectionPossession of firearm by person less than 18 years of age; exceptions; violation as misdemeanor; penalty.
Section 750.235SectionMaiming or injuring person by discharging firearm; intentionally aimed without malice; exception; “peace officer” defined.
Section 750.235aSectionParent of minor guilty of misdemeanor; conditions; penalty; defense; definitions.
Section 750.235bSectionThreatening to commit violence with firearm, explosive, or other dangerous weapon against students or employees on school property; specific intent or overt act; violation arising out of same transaction; definitions.
Section 750.236SectionSpring gun, trap or device; setting.
Section 750.236aSectionComputer-assisted shooting; prohibited acts; definitions.
Section 750.236bSectionComputer-assisted shooting; prohibited conduct; definitions.
Section 750.236cSectionViolation of MCL 750.236a or 750.236b; penalty; forfeiture.
Section 750.237SectionLiquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.
Section 750.237aSectionIndividual engaging in proscribed conduct in weapon free school zone; violation; penalties; definitions.
Section 750.238SectionSearch warrant.
Section 750.239SectionForfeiture of weapons; disposal; immunity from civil liability.
Section 750.239aSectionDisposition of seized weapon; immunity from civil liability; “law enforcement agency” defined.

Act 372 of 1927


AN ACT to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act.


History: 1927, Act 372, Eff. Sept. 5, 1927 ;– Am. 1929, Act 206, Imd. Eff. May 20, 1929 ;– Am. 1931, Act 333, Imd. Eff. June 16, 1931 ;– Am. 1980, Act 345, Eff. Mar. 31, 1981 ;– Am. 1990, Act 320, Eff. Mar. 28, 1991 ;– Am. 2000, Act 265, Imd. Eff. June 29, 2000 ;– Am. 2000, Act 381, Eff. July 1, 2001 ;– Am. 2012, Act 123, Eff. Aug. 6, 2012
Popular Name: CCW
Popular Name: Concealed Weapons
Popular Name: CPL
Popular Name: Right to Carry
Popular Name: Shall Issue


© 2020 Legislative Council, State of Michigan

The People of the State of Michigan enact:

DocumentTypeDescription
Section 28.421SectionDefinitions; lawful owning, possessing, carrying, or transporting of pistol greater than 26 inches in length; conditions; firearm not considered as pistol; election.
Section 28.421aSectionConcealed pistol licenses; issuance; creation of standardized system.
Section 28.421bSectionFirearms records; confidentiality; disclosure prohibited; exceptions; violation as civil infraction; fine.
Section 28.422SectionLicense to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; transfer of ownership to heir or devisee; nonresident; active duty status; forging application as felony; implementation during business hours.
Section 28.422aSectionIndividuals not required to obtain license; completion of record by seller; duties of purchaser; noncompliance as state civil infraction; penalty; entering information into pistol entry database; obtaining copy of information; exemption; material false statement as felony; penalty; rules; verification; definitions.
Section 28.422bSectionEntry of order or disposition into law enforcement information network; written notice; person subject of order; request to amend inaccuracy; notice of grant or denial of request; hearing; entry of personal protection order; service required.
Section 28.423SectionRepealed. 2000, Act 381, Eff. July 1, 2001.
Section 28.424SectionRestoration of rights by circuit court; petition; fee; determination; order; circumstances.
Section 28.425SectionConcealed pistol application kits.
Section 28.425aSectionValidity and duration of concealed pistol license issued before December 1, 2015; duties of county clerk; verification by state police; applicant issued personal protection order; emergency license; requirements; notice of statutory disqualification; surrender of emergency license; compilation of firearms laws by legislative service bureau; distribution; statement.
Section 28.425bSectionLicense application; form; contents; material false statement as felony; record; fee; verification of requirements; determination; circumstances for issuance; information of court order or conviction; fingerprints; issuance or denial; individual moving to different county; replacement license; suspension or revocation of license; furnishing copy of application to individual; list of certified instructors; delivery of license by first-class mail; liability for civil damages; voluntary surrender of license; definitions.
Section 28.425cSectionLicense; form; contents; authorized conduct; photograph.
Section 28.425dSectionDenial or failure to issue notice of statutory disqualification, receipt, or license; appeal.
Section 28.425eSectionDatabase; annual report.
Section 28.425fSectionConcealed pistol license; possession; disclosure to peace officer; violation; fine; notice to department; suspension or revocation by county clerk; entry into law enforcement information network; seizure by peace officer; forfeiture; “peace officer” defined.
Section 28.425gSectionPistol or portable device that uses electro-muscular disruption technology; subject to seizure and forfeiture; exception.
Section 28.425hSectionExpiration of license issued under former law; renewal license.
Section 28.425iSectionInstruction or training; liability.
Section 28.425jSectionPistol training or safety program; conditions; prohibited conduct; violation of subsection (3) as felony; certificate of completion.
Section 28.425kSectionAcceptance of license as implied consent to submit to chemical analysis of breath, blood, or urine; collection and testing; refusal to take chemical test; definitions.
Section 28.425lSectionLicense; validity; duration; renewal; waiver of educational requirements; fingerprints.
Section 28.425mSectionRepealed. 2015, Act 3, Eff. June 2, 2015.
Section 28.425nSectionOther license or permit; limitations by employer prohibited.
Section 28.425oSectionPremises on which carrying concealed weapon or portable device that uses electro-muscular disruption technology prohibited; “premises” defined; exceptions to subsections (1) and (2); violation; penalties.
Section 28.425vSectionConcealed weapon enforcement fund; creation; disposition of funds; lapse; expenditures.
Section 28.425wSectionAppropriation; amount; purpose; total state spending; appropriations and expenditures subject to MCL 18.1101 to 18.1594.
Section 28.425xSectionConcealed pistol licensing fund.
Section 28.426SectionIssuance of license; conditions.
Section 28.426aSectionRepealed. 2015, Act 3, Eff. June 2, 2015.
Section 28.427SectionConcealed weapons licenses; expiration.
Section 28.428SectionSuspension, revocation, or reinstatement of license; notice; surrender of license; order or amended order; entry into law enforcement information network; effect of suspension or revocation order; failure to receive notice.
Section 28.429SectionRepealed. 2008, Act 195, Eff. Jan. 7, 2009.
Section 28.429aSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.429bSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.429cSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.429dSectionRepealed. 2000, Act 381, Eff. July 1, 2001.
Section 28.430SectionTheft of firearm; report required; failure to report theft as civil violation; penalty.
Section 28.431SectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.432SectionInapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.
Section 28.432aSectionExceptions.
Section 28.432bSectionSignaling devices to which MCL 28.422 inapplicable.
Section 28.432cSectionRepealed. 2000, Act 381, Eff. July 1, 2001.
Section 28.433SectionUnlawful possession of weapon; complaint, search warrant, seizure.
Section 28.434SectionUnlawful possession; weapon forfeited to state; disposal; immunity.
Section 28.434aSectionDisposition of firearm; immunity from civil liability; “law enforcement agency” defined.
Section 28.435SectionSale of firearms by federally licensed firearms dealer; sale of trigger lock or secured container; exceptions; brochure or pamphlet; statement of compliance; notice of liability; action by political subdivision against firearm or ammunition producer prohibited; rights of state attorney general; exceptions; effect of subsections (9) through (11); violation; penalties; definitions.

750.246 Mutilation.

Sec. 246.

   Mutilation of flag, etc.—Any person who shall publicly mutilate, deface, defile, defy, trample upon or by word or act cast contempt upon any such flag, standard, color, ensign, coat-of-arms or shield, is guilty of a misdemeanor.


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Medical Examiner Changes Cause of Death in Warren

Medical Examiner Changes Cause of Death in Warren

Defense attorneys for two of three men charged with manslaughter after a killing in Warren say the case should be dismissed after the Macomb County medical examiner took the rare action to remove homicide as the manner of death.

Medical Examiner Dr. Daniel Spitz initially ruled the death of Kenneth “Kenny” Klingler, 24, of Auburn Hills, as caused by another person.

Review the evidence

After viewing related video of the incident Spitz changed the manner of death in January to “indeterminate.”

Video shows Klinger could have been run over by one vehicle, and possibly as many as three, as he laid on Mound Road in Warren.

 

Attorney Michael Komorn, representing co-defendant Chris Twarowski, agreed charges should be dropped and blamed prosecutors and Warren police officials for initially presenting a “false narrative” of the incident to the public and Klingler’s family.

It’s a huge disservice to the victim’s family by suggesting this false narrative, that they beat him and left him to die,” he said.

Three men remain charged with involuntary manslaughter, punishable by up to 15 years in prison.

“I’m very pleased Dr. Spitz was willing to take a second look at this … and had an honest change of mind,” said Robbie Lang, attorney for defendant Christopher Zehnpfennig. But, “I am just shocked why this case continues and has not been dismissed.”

It’s been unfair to the defendants as they all have had trouble getting jobs while the charges are pending, the attorneys said.

Zehnpfennig and Twarowski, both 23 at the time of the incident, reside in Warren. Their co-defendant is Nathan Thomas Domagalski, 25 at the time, of Hazel Park. The trio’s preliminary examination scheduled for last Friday in 37th District Court in Warren was adjourned after Spitz’s amended report was disclosed.

A new date was set for March 25, 2020.

Read the back story and a lot More Here in the Oakland Press

If you have a case that needs one of the top criminal defense attorney’s in Michigan to help defend your freedom and future. Call Komorn Law 248-357-2550 or visit KomornLaw.com to learn more.

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