Detroit Firearms Lawyer

An arrest for a gun charge, which can be prosecuted under both state and federal law, leads to immediate booking and arraignment where bail is set. Due to the severity of these charges, which often carry mandatory minimum prison sentences (like the two-year minimum for felony firearm in Michigan), you must immediately retain an experienced attorney to investigate the legality of the police actions and challenge the evidence.

In Michigan, transporting a loaded gun in your car is illegal unless you meet specific legal requirements, which vary depending on the type of firearm. For pistols, you must possess a valid Michigan Concealed Pistol License (CPL) to legally carry the firearm loaded inside the vehicle (which includes the glove box, as Michigan law considers any pistol inside a vehicle to be “concealed”). If you do not have a CPL, a pistol must be unloaded, secured in a closed case designed for firearms, and stored in the trunk (or a location inaccessible from the interior if there is no trunk). For long guns (rifles and shotguns), they must always be unloaded and meet one of the transport conditions: taken down, enclosed in a case, carried in the trunk, or inaccessible from the interior.

Yes, you can be charged with a gun crime in Michigan even if the firearm is not legally yours or you were not physically holding it. Michigan law uses the concept of “constructive possession,” which means you are considered in possession if you have both knowledge of the firearm’s location and the ability or right to control it, either directly or through another person. This situation often arises when a gun is found in a car you are driving or in a home you occupy. Additionally, if you are a convicted felon, possessing, owning, or even being in control of any firearm, regardless of who legally owns it, is a separate felony offense.

Michigan is a “Stand Your Ground” state, meaning you can claim self-defense and use deadly force without a duty to retreat if you are legally present in a location. To claim self-defense successfully, you must have an honest and reasonable belief that using that level of force was immediately necessary to prevent imminent death, great bodily harm, or sexual assault to yourself or another person. However, deadly force cannot be used to protect only property or to prevent a minor injury. If you were committing a crime yourself or used a gun illegally, the “Stand Your Ground” defense may not apply.

In Michigan, possession of a firearm includes two types: actual possession and constructive possession. Actual possession means you have direct physical control over the firearm, such as holding it or having it on your person or within immediate reach. Constructive possession is a broader legal concept meaning you have both the knowledge of the firearm’s location and the ability to exercise control over it, even if you are not physically touching it (e.g., a gun in the trunk of a car you are driving or in a room you control). For a prosecutor to prove illegal possession, they only need to establish one of these types beyond a reasonable doubt.

Gun charges can often be dismissed or reduced through a strong defense strategy. The primary way to secure a dismissal is by filing a Motion to Suppress Evidence if the firearm was obtained through an illegal traffic stop, search, or seizure that violated your constitutional rights; if key evidence is suppressed, the case often fails. If dismissal is not possible, a skilled attorney can negotiate with the prosecutor for a reduction of the charge to a less severe offense, or a lesser sentence like probation, especially when there are weaknesses in the prosecution’s evidence or the defense can successfully challenge the element of possession.

A federal firearm enhancement is a severe mandatory minimum sentencing provision under federal law, primarily 18 U.S.C. § 924(c). This law is not a standalone charge but is added to another felony (known as a predicate offense), typically a crime of violence or a drug trafficking crime, when a firearm was used, carried, or possessed in furtherance of that felony. The penalty is harsh because the mandatory minimum sentence, starting at five years for mere possession and increasing to seven years if brandished or ten years if discharged, must be served consecutively (stacked on top of) the sentence for the underlying felony.