Michigan law imposes serious consequences for illegal manufacture, sale, and possession of certain weapons and devices. Below, the experienced criminal defense lawyers at George Law will discuss the specifics of these offenses and their legal implications.

Prohibited Items Under MCL 750.224

Michigan Compiled Laws Section 750.224 outlines certain weapons and devices that are illegal to manufacture, sell, offer for sale, or possess. These include:

  • Automatic Firearms: This refers to machine guns or firearms capable of firing more than one shot with a single trigger function, without needing manual reloading.
  • Mufflers and Silencers: These devices are designed to suppress the sound of a firearm. It also includes any combination of parts intended for creating a muffler or silencer.
  • Explosive Devices: This includes bombs and bombshells.
  • Certain Hand Weapons: Such as blackjacks, slungshots, metallic knuckles, sand clubs, sandbags, and bludgeons.
  • Disabling Devices: Any device, weapon, or substance intended to temporarily or permanently disable a person.

Violating this law is considered a felony. The punishment can be up to 5 years in prison, a fine up to $2,500, or both.

Exceptions To The Law

  • Self-Defense Sprays and Foams: Mace and other pepper sprays are exempt from this law.
  • Government Contractors: Those manufacturing firearms or explosives under a U.S. government contract are exempt.
  • Licensed Individuals: People licensed by the U.S. Treasury to manufacture, sell, or possess these items are also exempt.

Defenses to Criminal Charges Under MCL 750.224

Unaware Of The Weapon’s Nature

If a person unknowingly possessed a prohibited weapon, this could be a defense. For example, if someone inherited a box of belongings without knowing it contained a prohibited item like a silencer.

Licensed Manufacturing Or Selling

A valid defense is if the individual is licensed by the U.S. Treasury or its delegate to manufacture, sell, or possess the items listed in the statute.

Government Contract Work

Individuals or entities engaged in manufacturing these items under a U.S. government contract are exempt from the prohibitions.

Incorrect Classification Of The Weapon

If the object in question does not fall under the definitions provided in the statute, such as being incorrectly identified as a silencer or automatic weapon, this can be a defense.

Possession For Lawful Disposal

If someone is temporarily in possession of a prohibited item for the purpose of legally disposing of it, this could serve as a defense.

Evidence In Legal Proceedings

Possessing these items as part of a legal process, such as evidence in a trial, might also serve as a defense.

Use Of Legal Self-Defense Devices

The possession of self-defense sprays or foams is not a violation of this statute.

MCL 750.224 Frequently Asked Questions

Michigan law specifically prohibits the manufacture, sale, offer for sale, or possession of automatic firearms, mufflers and silencers, explosive devices, certain hand weapons like blackjacks and metallic knuckles, and disabling devices intended to incapacitate a person.

Violating Section 750.224 is classified as a felony. Penalties can include up to 5 years in prison, a fine of up to $2,500, or both.

Yes, there are specific exceptions. These include self-defense sprays and foams, individuals or entities manufacturing under a U.S. government contract, and those licensed by the U.S. Treasury to manufacture, sell, or possess these items.

The law defines a muffler or silencer as a device that mutes or silences the sound of a firearm, any parts intended to create such a device, or any part specifically designed for making a muffler or silencer.

Potential defenses include lack of knowledge about the prohibited nature of the item, legal ownership or manufacture, misidentification of the object, temporary possession for legal purposes, and use of legal self-defense sprays and foams.

Remember, each case is unique, and the applicability of these defenses varies based on the specific circumstances. For personalized legal help, contact George Law.

Possession Of Illegal Weapons Lawyer

If you find yourself potentially facing charges under Section 750.224 or another Michigan gun or weapon law, it is crucial to consult with a criminal defense lawyer. George Law offers professional consultation in these matters. Do not hesitate to contact our illegal weapon possession lawyers at George Law at (248) 247-7459 or reach out online to discuss your case and explore your legal options.

To learn more about gun crimes, click here.