This article was corrupted when I moved my website. This article is being edited at this time, but I was able to cut, copy and paste this portion from the last article. My apologies. -William Maze
Under MCL 750.227, carrying a concealed weapon without a CPL is a 5 year felony and a $2,500.00 fine. Although Michigan is supposedly an open carry state, it is very easy to run afoul of the provisions that prohibit "concealment" of the weapon. See People v. Hernandez-Garcia, 477 Mich 1039 (2007). And, of course, there is little to prevent prosecutors from charging a person with a violation of firearms laws based upon a naked allegation. Because a jury trial and criminal appeals are expensive, you are highly encourage to refrain from making yourself a "test case."
Felon in Possession/Possession of a Firearm during the Commission of a Felony
A felon in possession of a firearm (MCL 750.224f) and possession of a firearm during the commission of a felony (MCL 750.227b) may be added together, with the defendant's status as a "felon" relying predicated on the prosecutor proving that the firearm was used during the commission of a felony. See People v. Calloway, 469 Mich 448 (2003). This can lead to absurd results, with an automatic 2 year prison sentence as a mandatory minimum. For example, we have seen an explosion of these charges in connection with Medical Marijuna Caregivers who believe, in good faith, that they are in compliance with the Michigan Medical Marijuana laws. After an anti-medical marijuana judge holds pursuant to the prosecutor's motion that the person is not entitled to the protections of the Michigan Medical Marijuana Act, the individual is charged with possession of marijuana with intent to distribute, possession of a firearm during the commission of a felony, and felon in possession of a firearm, even though the firearm was in a dresser drawer on the other side of the home. With the judge's legal ruling, the caregiver is not permitted to raise the medical marijuana defense in front of the jury, and he or she now appears to be a common armed drug dealer in the minds of a jury, even if the jury might have disagreed with the judge's interpretation of the medical marijuana laws! Upon conviction, where reasonable mind might differ as to whether the caregiver was in compliance with the MMMA, no one can dispute that the caregiver is subject to a mandatory two years in prison.
Carrying Concealed While Under the Influence
A police officer with probable cause to believe the CPL holder is under the influence of alcohol or drugs or has any bodily alcohol content may request that the CPL holder submit to a chemical test. However, we have won cases where the police officer relied exclusively upon a PBT (preliminary breath test) because the statute requires that chemical testing and collection of breath and blood samples shall be done in the same manner as OWI violations.
The arresting officer must immediately notify the gun board that issued the CPL of any refusal to submit a chemical test or if results prove any bodily alcohol content. The officer will seize and possibly forfeit the handgun, and the following penalties apply:
- .02 - .079 = state civil infraction – 28.425k(2)(c)
- .08 - .099 = 93 day misdemeanor – 28.425k(2)(b)
- .10 or more = 93 day misdemeanor – 28.425k(2)(a)
A person in a vehicle, with a bodily alcohol content of greater than .02, will not be in violation of the CPL Act if the pistol is:
- Locked in the trunk.
- If there is no trunk, then unloaded and locked in a container separate from the ammunition.
Requirements when Stopped
A person must possess CPL, and who is carrying a pistol concealed, must notify the officer of his or her CPL. A CPL holder is strongly advised to immediately disclose the CPL even if the person is not actively carrying concealed.
Failure to disclose is a civil infraction under MCL 28.425f(1)
- 1st Offense – state civil infraction – 28.425f(5)(a)
- 2nd Offense – state civil infraction – 28.425f(5)(b)
A person carrying a concealed pistol, must carry and display his or her CPL and valid Michigan driver license or Michigan ID upon request of a police officer. Failure to have both the CPL and the driver license and/or ID is also a civil infraction under MCL 28.425f(2), and the officer will seize the firearm until the person proves that he/she has a valid CPL.
Notice of Suspension
A county gun board is authorized to suspend or revoke a CPL per MCL 28.428. These hearings are quick and summary, and a person can very quickly lose the CPL at one of these hearings. An attorney who appears on behalf of the CPL holder must be prepared to immediately respond to any issues raised at the hearing or else the CPL holder will likely lose his or her privileges in a summary fashion.