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This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS.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

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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Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Mar 27, 2024 | Blog, Michigan Laws, Your Rights

Michigan Supreme Court – These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act. Red Flag Laws.

Effective February 13, 2024

On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts amendments to MCR 3.701 and the addition of MCR 3.715, .716, .717, .718, .719, .720, .721, and .722, effective February 13, 2024.

These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023.

  • MCR 3.715 Definitions. Several terms are defined within this rule, including “complaint,” “existing action,” “minor,” “petitioner,” and “respondent.” In addition, MCR 3.715 indicates that the terms “dating relationship,” “possession or control,” “family member,” “guardian,” “health care provider,” “law enforcement agency,” and “law enforcement officer,” mean those terms as defined in MCL 691.1803.
  • MCR 3.716 Commencing an Extreme Risk Protection Action. An extreme risk protection action is an independent action commenced by filing a complaint with the family division of the circuit court. A complaint may be filed regardless of whether the respondent owns or possesses a firearm and must be prepared on a form approved by the State Court Administrative Office and submitted with the complaint. An extreme risk protection action may only be commenced by
    • the spouse or former spouse of the respondent;
    • an individual who has a child in common with, has or has had a dating relationship with, or resides or has resided in the same household as the respondent;
    • a family member;
    • a guardian of the respondent;
    • a law enforcement officer; or
    • a health care provider, under certain circumstances.

MCR 3.716 also details requirements for the complaint, a complaint against a minor, and venue.

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

  • MCR 3.717 Dismissals. Except as otherwise specified in the rules, an action for an extreme risk protection order (ERPO) may only be dismissed upon motion by the petitioner prior to the issuance of an order.
  • MCR 3.718 Issuing Extreme Risk Protection Orders. Except as otherwise provided in the rule, the court must rule on a request for an ex parte order within one business day of the filing date of the complaint and must expedite and give priority to ruling on a request for an ex parte order. MCR 3.718 also specifies the factual requirements for granting an ex parte order as well as the procedures for immediate emergency ex parte orders, an anticipatory search warrant, and hearings. The court must expedite and give priority to hearings required by the extreme risk protection act and must schedule a hearing for the issuance of an ERPO under certain circumstances detailed in the rule.
  • MCR 3.719 Orders. This rule details the form and scope of an order and stipulates the respondent’s response requirements, along with restrictions on concealed weapons and the process for surrendering firearms. Service, notice, and clerk of the court responsibilities are also covered in MCR 3.719.
  • MCR 3.720 Modification, Termination, or Extension of Order. The petitioner may file a motion to modify or terminate the ERPO and request a hearing after the order is issued. The respondent may file one motion to modify or terminate an ERPO during the first six months that the order is in effect and one motion during the second six months that the order is in effect.
  • MCR 3.721 Contempt Proceedings for Violation of Extreme Risk. In general, an ERPO is enforceable under MCL 691.1810(4)–(5), 691.1815(4), and 691.1819(4). MCR 3.721 outlines the guidelines for motions to show cause, service, search warrants, arraignment, pleas of guilty, scheduling or postponing hearings, prosecution after arrest, and violation hearings.
  • MCR 3.722 Appeals. Appeals must generally comply with subchapter 7.200. Either party has an appeal of right from
    • an order granting, denying, or continuing an ERPO after a hearing under MCR 3.718(D); or
    • an order granting or denying an extended ERPO after a hearing under MCR 3.720(B).

The respondent has an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing.

The respondent has the lawful right to appeal a judgment of sentence for criminal contempt entered following a contested hearing.

Chief Justice Clement concurred with the proposed adoption of the ERPO court rules, but she wrote separately to address her concerns regarding inconsistent legal terminology used in the Extreme Risk Protection Order Act..

Among other linguistic inconsistencies, she emphasized that the Act “requires an individual to file “a summons and complaint” to initiate an ERPO action” but the nature of ERPO actions is consistent with that of a petition—not a complaint.

The Michigan Supreme Court has developed a range of SCAO forms aligned with the ERPO, showcasing their commitment to effective legal documentation.:

See the Court’s February 7, 2023 memorandum for more info.

 Court Form Information

https://www.courts.michigan.gov/4908b5/siteassets/forms/scao-approved/recent-revisions/eoc_erpo.pdf

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Feb 13, 2024 | Blog, USA news, Your Rights

Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023

Making use of the first combined Democratic majority in the state House, Senate, and governor’s seat in decades, legislators have the numbers and have successfully approved by a wide range of bills from their agenda.

As we move into February 2024, we look at the implementation of significant laws, regulations and loss pertaining to gun safety, the minimum wage, LGBTQ+ protections, the “right-to-work” policy, and more.

This progress reflects the power of our elected officials hold to create their vision of a more inclusive, divided and forward-thinking society. Several of these new laws will take effect on Feb. 13, 2024, unless otherwise noted.

Gun Laws

Following mass shootings state lawmakers quickly passed a series of bills related to firearms in an effort to address gun violence.

Lawmakers aimed to address the issue of gun violence with a comprehensive approach, passing legislation that encompasses a red flag law, requirements for firearm storage, and universal background checks for purchasing firearms.

These bills, all successfully passed and signed into law by Gov. Whitmer, cover various aspects of these vital topics, with the exception of one bill related to red flag laws.

Here’s what’s taking effect

Red Flag Laws

Several bills were passed in Michigan to establish extreme risk protection order laws, also known as red flag laws.

These laws were manifested to help prevent a person in distress or crisis from using a firearm to harm themselves or others.

The laws don’t seek to take firearms away from gun owners who aren’t dangerous or in distress as defined by…

Bills

Firearm Storage Laws

Law abiding Michigan citizens will now be required to keep a firearm stored or unattended on a premises unloaded and locked, either with a locking device or stored in a locked container, if it is “reasonably known that a minor is or is likely to be present on the premises.”

There are a variety of penalties for violating this requirement.

Bills: 

Gun Safety

The costs of gun safety devices will be lower to allow access products needed to safely store firearms. Right…

Bills: 

 

Background Checks

Background checks related to anyfirearm purchases will now expand to all firearm purchases, from handguns to long guns.

Bills: 

Domestic Violence Regulations


Gov. Whitmer signed legislation that prohibits individuals convicted of a misdemeanor related to domestic violence from possessing firearms for at least an eight-year-period.

Previously Michigan law only prohibited those convicted of felony domestic violence from possessing firearms.
 
Bills

LGBTQ+ civil rights protections

Gov. Whitmer signed legislation that expands the state’s Elliott-Larsen Civil Rights Act to include legal protections for sexual orientation and gender identity and expression.

Initially passed in 1976, the act prohibits discriminatory practices, policies, and customs based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The act will now expand to include protect sexual orientation, gender identity, and gender expression from discrimination.

Bill: 

You Don’t Have the ‘Right-to-Work’ Law is Law

Passed in 2013, the right-to-work law prohibited unionized workplaces from mandating employee payments of union dues and fees. The law posed restrictions on unions, sparking opposition from union supporters in 2012.

Michigan is the first state in 58 years to do so. The repeal is seen by many as a victory for organized labor at a time when union membership has been on the decline.

Whitmer said the move would “restore workers’ rights, protect Michiganders on the job, and grow Michigan’s middle class.”

Now you have no control how your dues and fees and fees for the priviledge of paying those fees will be allocated. If you don’t know what that entails then by all means don’t worry about it.

Bill: 

Komorn Law is Michigan’s top cannabis law firms when it comes to any criminal allegations regarding cannabis.

In a sticky situation? Call our office (248) 357-2550

Prevailing wage law reinstated

A law that was repealed in 2018 is set to take effect once again in 2024. Whitmer has signed legislation that restores a prevailing wage law, commonly referred to as the prevailing wage law, which mandates that contractors hired for state projects must pay wages comparable to those of unions.

Bill:

More Abortion Barriers Removed

Abortion was legalized in Michigan after voters approved a constitutional amendment in 2022. Democratic lawmakers and state leaders persist in their efforts to remove any remaining obstacles to abortion care and access.

At the end of November 2023, Gov. Whitmer signed into law the Reproductive Health Act, which is comprised of eight separate bills.

According to the governor’s office, the package was designed to repeal “politically motivated, medically unnecessary statutes that criminalized nurses and doctors, forced health care providers to close, raised costs for patients, and restricted access to abortion.”

Here’s what the governor’s news release said

  • Repeals Michigan’s TRAP Laws, which are designed specifically to close abortion providers. These medically unnecessary and burdensome restrictions have nothing to do with a clinic’s ability to deliver care. They include rules about hallway width, ceiling heights, HVAC systems, and janitor’s closets. These restrictions jack up costs, especially for independent clinics, and have decreased the number of providers available to Michiganders, especially in Western and Northern Michigan.
  • Repeals an old, outdated law from 1931 that would have criminalized nurses and doctors for prescribing medication abortion including mifepristone. Medication abortions are the most common way abortions are performed and have been safely used for decades. While other states restrict access to these pills, the passage of the RHA ensures Michigan providers and patients will have every option available.
  • Ensures students at Michigan public universities have access to accurate information about all their reproductive health options. Young adults deserve the same medical choices that every other patient gets. For too long, students at Michigan universities could be denied access to information about their options—including abortion—depending on where they went to college.
  • Repeals the law that forced patients to buy a separate insurance rider for abortion. Effectively, the law forced people to pay more out of pocket just in case they were assaulted.

Bills:

Senate Bill 474
Senate Bill 476
Senate Bill 477
House Bill 4951
House Bill 4953
House Bill 4954
House Bill 4955
House Bill 4956

Repeal of third-grade reading law takes effect

Starting in 2024, third-grade students in Michigan will no longer get held back because of low reading scores.

In early 2023, state lawmakers voted to change a 2016 law that provides instructions for institutions and educators to help third graders “achieve a score of at least proficient in English language arts on the grade state assessment.” Under that law, third grade students with insufficient reading assessment scores would be held back under most circumstances starting in 2019-2020 school year.

Bill

Minimum Wage Increase

Michigan employees making minimum wage will see a slight raise in pay in 2024. LOL

Under Michigan’s Improved Workforce Opportunity Wage Act of 2018, the state’s minimum wage is required to increase in certain increments at certain intervals.

As of Jan. 1, 2024, the state’s minimum wage increased from $10.10 to $10.33 per hour.

Here’s how the increase will affect minor, tipped, and training employees:

The 85% rate for minors aged 16 and 17 will increase to $8.78 per hour.
The tipped employee rate of hourly pay increases to $3.93 per hour.
The training wage of $4.25 per hour for newly hired employees ages 16 to 19 for their first 90 calendar days of employment remains unchanged.

See the law

The wage is not considered a livable wage in Michigan.

An adult without children needs to make at least $16.27 per hour to support themself, while an adult with one child requires at least $36.81 per hour.

What are you going to do with that extra 23 cents ($1.84 per 8 hour day)?

Climate Action Plan

A package of climate-related bills were signed into law in November 2023. The new Michigan Clean Energy & Climate Action law includes several Democrat-led proposals to lower household utility costs, protect state water and air, and create more green energy jobs.

Have a seat and read the bills here.

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