Carrying a firearm or weapon with unlawful intent in Michigan is a serious offense, potentially leading to severe legal consequences. To help you navigate the complexities of this law, the criminal defense lawyers at George Law provide the following overview of the offense, including why to contact a lawyer if you have been criminally charged.
Illegal Carrying Of Firearms And Other Weapons In Michigan
Michigan Compiled Laws Section 750.226 addresses the illegal carrying of firearms and other weapons. The law clearly states that it is illegal for a person to carry a firearm or certain other types of weapons with the intention of using them unlawfully against someone else. The types of weapons covered by this law include:
- Pistols and other firearms
- Pneumatic guns (which use compressed air)
- Knives with blades longer than 3 inches
- Daggers, dirks, razors, and stilettos
- Any other dangerous or deadly weapon or instrument
The key aspect of this law is the intent behind carrying these weapons. It specifically targets situations where someone carries a weapon with the intention to use it unlawfully against another person.
Violating this law is considered a felony. The consequences for someone found guilty under this law include a prison sentence of up to 5 years and fine of up to $2,500.
Defenses to Carrying A Gun With Unlawful Intent
When facing gun charges under Section 750.226, there are several potential defenses. Keep in mind that each case is unique, so the applicability of these defenses depends on the specific circumstances of the case.
Lack Of Unlawful Intent
The key element of this Michigan law is the intent to use the weapon unlawfully against another person. A defense strategy might involve proving that the accused had no such intent when carrying the weapon. This could involve demonstrating a legitimate reason for carrying the weapon, such as for self-defense, employment requirements, or recreational activities like hunting.
Self-Defense
Claiming self-defense requires showing that the individual believed they were in imminent danger and needed to use the weapon to protect themselves. This defense is only valid if the force used was reasonable and proportionate to the threat faced.
Mistaken Identity Or False Accusation
In some cases, the accused may have been wrongly identified or falsely accused. Defense strategies could include presenting alibis, witness testimonies, or other evidence to prove that the accused was not involved in the alleged crime.
Illegal Search And Seizure
If the weapon was discovered during an illegal search, the evidence might be inadmissible in court. A defense attorney could argue that law enforcement officials violated the accused’s Fourth Amendment rights, which protect against unreasonable searches and seizures.
Lawful Possession Or Carrying
In certain situations, the individual might have been legally allowed to carry the weapon. This could apply to people with concealed carry permits or those carrying weapons in a manner that complies with state and federal laws.
MCL 750.226 Frequently Asked Questions
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 up to 5 years and/or a fine of up to $2,500.
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.
George Law Gun Crime Lawyers
If you’re facing charges for carrying a firearm or weapon with unlawful intent, it’s crucial to seek legal counsel immediately. An experienced lawyer can help you understand the charges, the legal process, and the most effective defense strategy based on your specific case. Experienced gun crime lawyers at George Law are here to help. Contact us at (248) 247-7459 or online for a consultation to discuss your case and explore your legal options.
To learn more about gun crimes, click here.