Several defenses may be applicable, including possession in a lawful place, lawful carrying of a hunting knife, holding a valid license to carry a pistol, lack of knowledge about carrying a concealed weapon, unintentional concealment, and temporary and immediate necessity for protection or safety. The viability of these defenses depends on the specific case circumstances.
What defenses can be used against charges under this law?
Michigan law disallows felons from possessing, using, or distributing firearms and ammunition. Under this law, felons are prohibited from engaging in any activities related to firearms and ammunition in Michigan for at least three years. This prohibition applies after they have paid all fines, served imprisonment terms, and completed probation or parole.
Yes, the law imposes stricter rules for individuals convicted of specified felonies, involving violence or illegal firearm use. For these individuals, the prohibition extends to five years, and they must have their right to possess firearms or ammunition formally restored.
Violating these prohibitions is a serious felony offense, potentially leading to up to five years in prison, a $5,000 fine, or both.
The prohibitions do not apply to convictions that have been expunged, set aside, or pardoned, unless stated otherwise in the expunction or pardon.
Defense strategies include proving the expiration of the prohibited period, restoration of rights, mistaken identity, lack of knowledge, illegal search and seizure, expunged convictions, pardons, and challenging the felony classification. These defenses must be tailored to the specifics of each case, considering the defendant’s criminal history and circumstances of the alleged offense.
Michigan law prohibits the carrying of firearms and certain other weapons with the intent to use them unlawfully against another person. This includes pistols, pneumatic guns, knives with blades longer than 3 inches, daggers, dirks, razors, stilettos, and any other dangerous or deadly weapon. The penalties for this felony offense include a prison sentence of […]
Yes, there are several defenses available, such as proving a lack of unlawful intent, self-defense, mistaken identity or false accusation, illegal search and seizure, insufficient evidence, or lawful possession or carrying of the weapon.
To be found guilty, the prosecution must show that you intended to use the weapon unlawfully. A defense strategy might revolve around demonstrating that there was no such intent, potentially involving evidence of a legitimate reason for carrying the weapon.
Claiming self-defense involves showing that you believed you were in imminent danger and needed to use the weapon to protect yourself.