Thinking about going hunting?
Not if you are a person who is prohibited from possessing a firearm in Michigan.
In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can lead to serious felony charges.
This article will explain who qualifies as a “prohibited person,” the penalties for possessing a firearm as a prohibited person, potential legal defenses, and how an experienced attorney can help.
Who Is Considered a Prohibited Person?
Michigan law and federal law prohibit certain individuals from possessing or owning firearms. A “prohibited person” can include those who fall into one or more of the following categories:
- Convicted Felons: Anyone convicted of a felony cannot possess, own, or purchase a firearm in Michigan. This restriction applies for a set period after the conviction and release, and sometimes indefinitely for certain offenses.
- Domestic Violence Convictions: Individuals convicted of a misdemeanor involving domestic violence are prohibited from possessing a firearm.
- Mental Health Status: Individuals who have been involuntarily committed to a mental health institution or who have been found legally incapacitated are generally barred from firearm ownership.
- Restraining Orders: Individuals subject to certain types of restraining orders, such as those related to domestic violence, are also prohibited from possessing firearms.
The law that governs this offense is MCL 750.224f, which makes it a crime for prohibited individuals to possess a firearm. The law includes specific restrictions on felons and others who fall into the prohibited person category.
Penalties for a Prohibited Person Possessing a Firearm
The penalties for a prohibited person possessing a firearm in Michigan are severe and can vary depending on the circumstances of the offense. Generally, if convicted, you may face:
- Felony Charges
- Up to 5 years in prison
- Fines of up to $5,000
For felons who are caught possessing a firearm, the length of the penalty may depend on the severity of the underlying felony conviction. Some convictions may lead to longer prison sentences, especially for violent felonies or crimes involving firearms.
In addition, being found with a firearm while committing another crime can result in additional charges, such as felony firearm possession, which carries mandatory prison time on top of any sentence for the underlying offense.
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Legal Defenses for Prohibited Person Possessing a Firearm
Facing charges for possessing a firearm as a prohibited person can be overwhelming, but there are potential defenses that may help your case. Common legal defenses include:
- Restored Rights: In some cases, convicted felons may have their rights to possess a firearm restored after completing probation or parole and waiting the required time period. If your rights were restored, this could serve as a defense.
- Lack of Knowledge: If you were unaware that the firearm was in your possession, such as if it belonged to someone else or was placed in your vehicle without your knowledge, this could be used in your defense.
- Illegal Search and Seizure: If the firearm was discovered during an unlawful search, the evidence may be suppressed, which could lead to a dismissal of the charges. Your Fourth Amendment rights protect you from unreasonable searches and seizures, and any violation of these rights may help your case.
- Temporary Possession for Protection: In some rare cases, the defense may argue that the firearm was temporarily possessed for self-defense or protection in a moment of immediate danger.
How Komorn Law Can Help
If you’ve been charged with possessing a firearm as a prohibited person, it’s critical to have an experienced legal team that understands Michigan’s complex firearm laws. Komorn Law has over 30 years of experience defending clients in both state and federal courts, specializing in criminal defense and firearm-related cases.
Komorn Law can help by:
- Investigating the circumstances of your arrest and challenging any illegal search or seizure
- Determining whether your firearm rights have been restored
- Presenting a strong defense in court to reduce or dismiss charges
- Negotiating with prosecutors to lower the penalties or charges
If you’re facing charges for any DUI or alleged crime in Michigan, call Komorn Law (248) 357-2550 for a case evaluation today.
Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.
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