People v Williams Michigan COA – Police CPL Check

People v Williams Michigan COA – Police CPL Check

Apr 29, 2024 | Blog, USA news, Your Rights

People v Williams
Michigan Court of Appeals
No 365299 (04/18/24)

MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to produce their concealed pistol license (CPL) at any time and for any reason.

Makes possession of a concealed weapon a presumptive crime

Further, MCL 750.227 makes possession of a concealed weapon a presumptive crime, which can be rebutted by the suspect producing their CPL. Thus, a police officer has reasonable suspicion to  approach a person and ask for proof of a CPL after observing a bulge in the person’s clothing indicative of a hidden firearm.

The trial court’s order granting defendant’s motion to suppress is reversed.

About it

Michigan Court of Appeals Case No. 365299, People v Williams, centers on a warrantless search and subsequent arrest. The details of the case are not explicitly mentioned in the available information, but the legal reasoning behind the decision is referenced.

The case cites MCL 750.227, which prohibits carrying a concealed pistol without a license. It also references previous cases (Henderson and Williams) that established the legality of a warrantless search under the “automobile exception” when there’s reasonable suspicion of a crime.

The relevant part of People v Williams seems to focus on justifying a traffic stop. The court apparently determined that an informant’s tip about a driver possessing a handgun amounted to reasonable suspicion, warranting the stop. This aligns with the established principle that police can conduct stops based on reasonable suspicion, even if it’s a lesser standard compared to the probable cause needed for arrests or searches.

While the case itself isn’t elaborated on, it highlights the legal basis for traffic stops based on reasonable suspicion, particularly when the suspicion involves potential gun possession.

Better have a real good attorney

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Apr 27, 2024 | Blog, USA news, Your Rights

A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside Food Solutions plant in Kentwood, alleging the presence of numerous underage workers.

Michigan’s Department of Labor and Economic Opportunity (LEO) and the U.S. Department of Labor launched investigations into the facility.

Additionally, Michigan’s Occupational Safety and Health Administration (MIOSHA) levied over $50,000 in fines against the plant for inadequate safety training and dangerous machinery.

Hearthside initially denied the allegations but has since paid some fines and is appealing others.

Federal and State Collaboration

The U.S. Department of Labor has increased oversight through an interagency task force focused on combating child labor. This initiative allows collaboration with other federal agencies, like the Department of Education, which offers training on child labor identification to school staff.

Strengthening Enforcement

State legislators are proposing bills to improve child labor enforcement and worker protection. One bill increases fines for violating child labor laws, aligning them with federal penalties. It also allows child workers to sue for damages and protects whistleblowers from retaliation.

Another bill proposes a complete overhaul of the work permit system in Michigan. Currently, teens obtain permits through schools. This bill would shift the responsibility to the LEO, creating a centralized database of legal teen workers and their employers. This system would enhance the LEO’s ability to identify potential child labor violations.

Immigrant Advocacy and Underlying Issues

Many underage workers in the exposed case were immigrants. Immigrant advocacy groups support the proposed bills, emphasizing provisions for compensating victims and protecting whistleblowers.

These measures could alleviate stress on immigrant families forced into child labor due to economic hardship.

However, these groups express concern that solely focusing on enforcement might drive children into even more dangerous and unregulated working environments.

As always addressing the (root causes) of child labor, such as poverty and lack of opportunity, is crucial for lasting solutions.

Better have a real good attorney

You’re too stupid to store a gun properly

You’re too stupid to store a gun properly

Apr 20, 2024 | Blog, Know Your Rights, Michigan Laws, Your Rights

The Biden administration once again defends a ban in federal court, arguing that people who use marijuana should be prohibited from purchasing or possessing firearms.

They claim that this restriction is supported by historical precedent and that individuals who consume cannabis while owning guns pose a unique threat to society.

One of the reasons behind this argument is that such individuals are viewed as unlikely to store their weapons properly before using marijuana.

Attorneys for the Justice Department responded to a series of prompts from the judges, asserting that the firearm ban for marijuana consumers is justified based on historical analogues to restrictions on the mentally ill and habitually drunk that were imposed during the time of the Second Amendment’s ratification in 1791.

What the CDC Thinks

US Supreme Court:  US v. PATRICK DARNELL DANIELS, JR. (2023)

State of Ohio vs Weber (2020) – At home drunk with a shotgun

 

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.

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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Is a Verbal Agreement Legal?

Apr 2, 2024 | Blog, Michigan Crime, Michigan Laws, Your Rights

Is Oral Legal?

Verbal agreements, also called oral contracts, can be legal and enforceable in Michigan, but with some limitations.

Here’s a breakdown:

Generally Enforceable: Michigan law recognizes verbal contracts as valid if they meet the standard elements of a contract: offer, acceptance, and consideration (exchange of something of value).

Statute of Frauds: However, there’s a law called the Statute of Frauds that requires certain contracts to be in writing and signed to be enforceable.

These include:

  • Agreements that won’t be performed within one year of making the agreement.
  • Promises to answer for the debt of another person.
  • Selling real estate.
  • Selling goods for over $1,000.

Difficulties in Court: Even if your verbal agreement isn’t subject to the Statute of Frauds, it can be difficult to enforce in court. This is because there’s no written record of the agreement, so it becomes a “he-said, she-said” situation.

To Sum it Up: Verbal agreements can be legal in Michigan, but it’s always better to have a written contract, especially for important agreements. A written contract provides clear evidence of the terms and reduces the risk of misunderstandings or someone backing out of the agreement.

If you’re unsure whether your verbal agreement needs to be in writing or you need help enforcing a verbal agreement, it’s best to consult with an attorney.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

What’s the law?

There isn’t a specific MCL dedicated solely to verbal agreements in Michigan. However, the relevant statute that applies to the enforceability of certain contracts based on form is the Statute of Frauds. This is found in the Uniform Commercial Code (UCC) under Article 2 on Sales:

This MCL outlines the types of contracts that must be in writing and signed to be enforceable in court. These include:

  • Agreements that can’t be performed within one year (MCL 566.132(1)(a))
  • Promises to guarantee another’s debt (MCL 566.132(1)(b))

Michigan’s UCC also has a separate provision under Article 2 for the sale of goods:

This MCL requires any contract for the sale of goods for more than $1,000 to be in writing to be enforceable.

So, while there’s no single MCL for verbal agreements, these two provisions (MCL 566.132 and MCL 440.2201) are the key ones to consider when determining if a verbal agreement needs to be written down in Michigan.

Real Questions from Real Calls

Question: I made a verbal agreement and shook hands with my friend for a $20 bet that he couldn’t eat a spoonful of cinnamon. He did. Am I legally obligated to pay him?

Answer: Some questions don’t need legal advice. Pay him the $20 and don’t bet anymore.

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