Despite our right to bear arms under the Second Amendment of the United States Constitution, Michigan has very stringent firearm laws. Each state takes responsibility for its own firearm laws. In the Upper Peninsula, there is a broad variety of gun charges. If convicted, you could face harsh penalties. Additionally, it is imperative that anyone with a permit to carry concealed weapons understand these complex laws. Berger Law is dedicated to aggressively defending your right to bear arms. Our defense attorneys take the Second Amendment very seriously. We do not want to see your rights taken from you. If you or a loved one is facing charges for any of the following offenses, hiring a persistent, imaginative, and resourceful Upper Peninsula gun charge defense lawyer is your best bet.
Possession of Concealed Dangerous Weapon
Carrying any dangerous weapon (e.g., knife, stiletto, dagger) or pistol outside a person’s lawful property or in a person’s vehicle without a concealed weapons permit (CPL) is a felony punishable by up to 5 years in prison.
Obtaining a concealed weapons permit (CPL) allows you to lawfully carry your firearm on your person or in your vehicle. You do not need a concealed weapons permit to keep your firearm in your home.
Anyone can obtain a concealed carry permit by applying to your local Upper Peninsula law enforcement agency. Applicants must be over the age of 21, a U.S. citizen or lawful resident, and must have resided in Michigan for at least 6 months prior to submission. Applicants must also complete the required safety instruction courses.
It is important to note that certain areas are off-limits regardless of your CPL. These areas include:
- Daycare centers
- Liquor stores and bars
- Sports arenas or stadiums
Possession of a Firearm While Under the Influence
Michigan takes crimes committed while under the influence quite seriously. MCL 750.237 states that individuals may not carry, possess, or use a firearm if they are intoxicated by any substance. A blood alcohol content (BAC) greater than 0.08 constitutes intoxication in Michigan.
Simple possession may be charged if an individual is intoxicated and carries a firearm. This may result in up to 93 days in jail, a fine of up to $100, or both. Discharging the firearm while intoxicated increases the maximum fine to $500.
This offense may escalate to a felony if another person is injured because of the discharge. The offense carries a minimum of 5 years imprisonment, a fine between $1,000 and $5,000, or both. If a person dies as a result of the discharge, the maximum sentence increases to 15 years in prison, a fine between $2,500 and $5,000, or both.
To determine if you are intoxicated, a police officer will search for probable cause. If there is probable cause, you may be subjected to a breathalyzer.
Talk to an Upper Peninsula Lawyer About Different Types of Gun Charges
We have defended many firearm possession charges over the years. We understand how important it is to uphold our right to bear arms. Berger Law prides itself on being available 24/7 for all clients. Whatever question you may have about your case, we are ready to answer. The team at Berger Law is dedicated to serving those wrongly convicted. We do not want to see the good people from the Upper Peninsula of Michigan taken advantage of. It is our home as well as yours.