Michigan’s Penal Code includes specific regulations regarding short-barreled shotguns and rifles. This includes guidelines and penalties concerning the manufacturing, making, possession, or transferring of these firearms. The severity of these offenses cannot be understated, as they carry significant legal consequences. In the following content, the experienced criminal defense lawyers at George Law will explain the important details of this law, including its prohibitions, penalties, and possible defense.
Prohibition And Penalties
Under Section 750.224b, the manufacturing, making, possession or transferring of a shotgun or rifle that is short-barreled is strictly prohibited. If someone violates this rule, they are committing a felony. The penalty for this felony can include imprisonment for up to five years, a fine of up to $2,500, or both.
Exceptions Under Federal Law
The law does not apply if the short-barreled shotgun or rifle is lawfully manufactured, made, possessed, or transferred under federal law. This means that if a firearm complies with federal standards, it is exempt from this particular state prohibition.
Length Regulations And Compliance
Michigan law details specific regulations based on the length of the firearm. For firearms that are 26 inches or less in length, certain additional licensing requirements are applicable. Firearms over 26 inches in length must have a copy of the federal registration with them during transportation or use. This registration must be presented to a police officer upon request.
Civil Infractions And Seizure
If someone fails to comply with the registration requirements for a short-barreled firearm over 26 inches, it is considered a civil infraction. This can lead to a fine of up to $100. Additionally, the firearm can be seized by a police officer and could be forfeited to authorities unless the federal registration is presented within a 45-day period.
Defenses
When facing charges under Section 750.224b, there are specific defenses that could be applicable. It’s important to understand these defenses, as they could significantly impact the outcome of a case.
Federal Law Exemption
The statute does not apply if the short-barreled shotgun or rifle is lawfully manufactured, made possessed or transferred, under federal law.
Proof Of Legal Manufacture Or Transfer
Presenting evidence that the firearm was legally manufactured or transferred according to federal regulations can negate the charges under this statute.
Compliance With Length Regulations
If the firearm is 26 inches or less in length, showing compliance with Michigan’s additional licensing requirements can be a defense.
Possession Of Federal Registration For Firearms Over 26 Inches
For firearms longer than 26 inches, a defense could include possessing and being able to present a copy of the federal registration.
Lawful Ownership
Proving that the possession of the firearm was lawful and in line with both federal and state regulations can be a strong defense.
Unlawful Search And Seizure
If the firearm was discovered during an unlawful search and seizure, this could be a basis for a defense. Evidence obtained in violation of the Fourth Amendment rights can be suppressed.
Frequently Asked Questions
Michigan law strictly prohibits the manufacturing, making, possession, or transferring of short-barreled shotguns or rifles. Violating this rule is considered a felony offense.
A violation of these laws is a felony, with a possible sentence of up to 5 years in prison, a fine of up to $2,500, or both.
Yes, Michigan law exempts firearms that are lawfully made, manufactured, transferred, or possessed under federal law from this prohibition.
Defenses could potentially include compliance with federal law, proof of legal manufacture or transfer, adherence to length regulations, possession of federal registration for firearms over 26 inches, proving lawful ownership, a mistake of fact regarding the firearm’s characteristics, and violations of Fourth Amendment rights regarding unlawful search and seizure.
Contact George Law Gun Crime Attorneys For Legal Guidance
If you or someone you know is facing charges related to the possession, creation, or transfer of short-barreled shotguns or rifles under Michigan law, it’s crucial to consult with a criminal defense lawyer. The experienced gun crime attorneys at George Law are all about defending you and protecting your rights. Contact George Law at (248) 247-7459 or reach out to us online for a consultation.