Carrying a Concealed Weapon
The Second Amendment of the United States Constitution guarantees the right to bear arms. The federal government and the states, however, have the authority to limit the right to bear arms in the interest of public health and safety. Violating these regulations may result in severe repercussions involving fines and jail time. If you’re a gun owner intending to stay on the right side of the law, it’s essential that you understand the limits of your Second Amendment Rights.
In Michigan, it’s illegal to carry a concealed weapon without a license outside of your property. If you get caught, you’ll need the help of an experienced Detroit gun lawyer to have the best chances of defeating your charges. Depending on the circumstances of your case, there may be several legal defenses at your disposal.
What Is the Penalty for Concealed Carry in Michigan?
According to Michigan Penal Code section 750.227, it is illegal to carry a pistol that is concealed on your person or in your vehicle, except when you’re on your own property (such as your residence or business) or if you have a concealed pistol license (CPL) and are not carrying the pistol in a manner that is “inconsistent with any restrictions upon such license.” It is also illegal to knowingly carry a concealed stabbing or cutting weapon, with the exception of hunting knives.
Breaking this law is a felony involving a maximum sentence of 5 years in prison and fines of up to $2,500. This felony conviction will have significant effects on your life. You will no longer be allowed to carry or own firearms and will face restricted voting rights. Your ability to gain employment, to qualify for professional licenses, or to enroll in college will be significantly affected.
Can I Win My Concealed Carry Case Without Going to Trial?
At Drias Law Group, our priority is crafting a strong defense to your firearm charges and determining whether it’s possible to dismiss your charges before a trial even starts. By suppressing the prosecutor’s evidence against you, it may be possible to obtain the dismissal so that you can avoid the expense and hassle of trying to win your case in court.
If the police obtained the evidence against you in violation of your constitutional rights, that evidence cannot be used against you in court. In other words, it may be suppressed. In a concealed carry case, this may come up in the following situations:
- The police made an illegal traffic stop–Many concealed carry cases stem from traffic stops. The police must have a valid reason to pull you over in the first place. An officer’s hunch that you might be doing something illegal is not enough. If the police pulled you over without the articulable suspicion that you were doing something illegal, any evidence obtained from that traffic stop may be suppressed from the prosecutor’s case.
- The police searched your vehicle illegally–The police need your consent or probable cause to believe you are hiding something illegal in your car in order to search it. If the police had neither probable cause nor your consent when they searched your car, any concealed weapons they found may not be used to prove your guilt in court.
- The police searched your person in violation of your rights–During a “stop and talk,” the police may pat you down if they have grounds to believe that you have a weapon and are posing a risk to their safety. If they have probable cause to arrest you, they may search you for weapons or for evidence of the crime of which you are suspected. If your lawyer can show that the arresting officer did not have reasonable grounds to pat you down or the probable cause to arrest you, the evidence he or she found during the search may not be admissible in court.
If your lawyer’s motion to suppress the evidence succeeds, the prosecutor may lack enough evidence to go to trial. For example, if your lawyer successfully motions for the concealed weapon to be suppressed from the prosecutor’s evidence, he or she will not be able to prove your guilt at trial. In this case, your lawyer can ask the court to dismiss the charges against you.
How Can Drias Law Group Beat my Concealed Carry Charges at Trial?
Should your case go to trial, the prosecutor will need to prove every element of the case against you beyond a reasonable doubt. This means that he or she must show that you knowingly possessed the weapon, that it was actually concealed, that you were not on your property, and that you didn’t have a CPL. Depending on the available evidence, your lawyer may be able to show that there is a possibility that:
- You did not knowingly possess the concealed weapon–The prosecutor’s evidence may not show with enough certainty that you knew there was a concealed weapon in your clothing, bag, or vehicle.
- The weapon was not concealed–Although even a partially concealed weapon is often considered to be concealed, your lawyer may be able to show that your weapon was sufficiently visible that it may be considered open carry.
- You were on your property–If you got arrested for illegal concealed carry at the border of your property, your lawyer may be able to show that there is a possibility the officer arrested you on your own property, where concealed carry is legal.
- You had a valid concealed pistol license–Depending on the facts of your case, it may be possible to show that at the time of your arrest, you had a valid CPL and you were carrying your weapon in a way that is consistent with CPL regulations.
Consult a Detroit Weapons Lawyer
A felony conviction for concealed carry can turn your life upside down. By hiring a reputable Detroit criminal defense attorney, you may be able to obtain a positive resolution of your case and avoid the harsh penalties that result from a conviction. At Drias Law Group, we will look into every possible defense strategy available and advocate aggressively on your behalf. For more information about how we can help, call us today for a free and confidential consultation of your case.
Charged with Illegal Possession of a Firearm? Contact us today.
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