Weapon Charges in the U.S.: Laws, Rights, & Defenses

Federal Criminal Attorneys of Michigan is your experienced ally in these challenging times. Our team is dedicated to defending clients in Michigan and nationwide against weapons offenses. With a proven track record of success, we have the skills and resources to protect your rights and achieve the best possible outcome in your case. Contact us today to get started with an experienced weapons violations attorney.

U.S. Weapons Laws and the Second Amendment

The Second Amendment of the United States Constitution is a vital piece of the legal framework surrounding federal and state weapons laws. It explicitly grants Americans the right to own and carry firearms, a principle that shapes all U.S. gun control laws.

Despite the protections afforded by the Second Amendment, state and federal laws regulate who can own a firearm, the types of firearms you can own, and how to buy or sell them. These laws reflect ongoing efforts to ensure that gun ownership is responsible and safe, aligning with both the letter and spirit of the Second Amendment.

Understanding Federal Firearm Laws

Federal weapons laws are complex, but understanding them is crucial for anyone facing related charges for the sale, possession, or manufacture of firearms. Below, we provide insights into the specifics of some key federal firearm laws, including who they affect and what they regulate.

The National Firearms Act (NFA)

The National Firearms Act (NFA) of 1934 regulates the manufacture, sale, and possession of specific types of firearms. It targets firearms like machine guns, short-barreled rifles, short-barreled shotguns, suppressors (also known as silencers), and similar weapons.

The law requires anyone who manufactures, deals in, or wants to transfer these firearms to register with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The transfer or sale of any NFA firearm requires a detailed application process, which includes a thorough background check and tax. If someone owns an NFA firearm, they must keep it registered to themselves and cannot lend or give it away without following the proper ATF procedures.

The Gun Control Act (GCA)

The Gun Control Act (GCA) of 1968 primarily regulates firearms at the federal level to prevent crime and reduce the unlawful use or ownership of guns. The GCA requires all manufacturers, importers, and dealers of firearms to have a Federal Firearms License (FFL), which allows them to sell firearms.

Under the GCA, it is illegal for certain people to own or buy guns. These individuals include:

Anyone convicted of a felony
Fugitives from justice
Drug addicts and unlawful drug users
Those declared mentally incompetent by a court or mental institution
Undocumented immigrants
Dishonorably discharged military personnel
Those who have renounced their U.S. citizenship
Those with restraining orders related to domestic violence
Those convicted of domestic violence misdemeanors

The law also sets rules about transporting and shipping firearms across state lines, requiring this process to occur only between licensed individuals and entities. The GCA makes it illegal to sell firearms to minors under 18 and handguns to those under 21.

The Brady Handgun Violence Prevention Act

The Brady Handgun Violence Prevention Act of 1944, often simply called the Brady Act, requires firearm dealers to perform background checks on individuals before selling them handguns. These checks aim to ensure prospective buyers are legally allowed to own firearms and prevent guns from falling into the hands of people who might use them unlawfully.

Initially, the Brady Act required a five-day waiting period for handgun purchases to allow time for these background checks. However, in 1998, the system improved with the introduction of the National Instant Criminal Background Check System (NICS). NICS allows dealers to perform background checks over the phone or electronically, often in just a few minutes.

The law prohibits selling firearms to anyone who falls into prohibited categories, such as convicted felons, fugitives, drug users, mentally incompetent persons, undocumented immigrants, and dishonorably discharged military personnel. It also targets those with domestic violence restraining orders or convictions.

The Armed Career Criminal Act (ACCA)

The Armed Career Criminal Act (ACCA) targets those with histories of serious criminal offenses who then commit further crimes involving firearms. The law imposes stricter penalties on those who possess a firearm or ammunition after three prior convictions for serious drug offenses or violent felonies. Specifically, the ACCA mandates a minimum sentence of 15 years in prison for these individuals if they are found guilty of unlawfully possessing a firearm.

The Commerce Clause

The Commerce Clause is a key part of the U.S. Constitution. It gives Congress the power to regulate trade and commerce with foreign nations, among the states, and with Native American tribes. This clause is essential to federal weapons charges because it forms the legal basis for most federal regulations concerning firearms in the United States.

Federal weapons charges often rely on the Commerce Clause to justify federal jurisdiction. For instance, the GCA uses the Commerce Clause to regulate firearms by controlling their interstate commerce. This means that any firearm that crosses state lines at any point in its existence, from manufacture to sale, falls under federal jurisdiction. So, in federal firearms cases, prosecutors must only demonstrate that the firearm in question crossed state lines at some point to establish federal jurisdiction.

Types of Federal Weapons Charges

Federal weapons charges cover a wide range of offenses related to the unlawful handling, possession, sale, and use of firearms and ammunition. Below, we’ll outline various federal weapons charges and the potential consequences of a conviction for each type.

Possession of Prohibited Firearms

Federal law prohibits the possession of certain types of firearms unless you meet certain strict conditions. For example, it is illegal to own firearms with serial numbers that have been altered or removed. Similarly, machine guns manufactured after May 19, 1986, are prohibited under most circumstances, with few exceptions.

Additionally, specific types of firearms require registration in the National Firearms Registration and Transfer Record for lawful possession. These include short-barreled shotguns with a barrel length of less than 18 inches and short-barreled rifles with a barrel length of less than 16 inches. This category also includes silencers and destructive devices like grenades.

The penalties for possessing these prohibited firearms are severe. If someone knowingly possesses a firearm with an altered serial number, they could face up to five years in prison and a fine of up to $250,000. Possession of unregistered prohibited items like silencers or short-barreled firearms can result in a fine of up to $10,000 and up to 10 years in prison. For the possession of machine guns manufactured after May 19, 1986, the maximum penalty increases to 10 years in prison and up to $250,000 in fines.

Possession of Firearms by Prohibited Persons

The Gun Control Act explicitly prohibits certain individuals, such as convicted felons and drug addicts, from possessing firearms or ammunition due to their potential risk to public safety.

The penalties for possession of a firearm by a prohibited person are severe. Without additional sentencing enhancements, the maximum penalty is ten years in prison and a $250,000 fine.

However, sentences can vary significantly based on a person’s criminal history and the specific circumstances of their case. For example, armed career criminals with three or more convictions for serious drug offenses or violent felonies face even harsher penalties, including a mandatory minimum of 15 years in prison.

Possession of a Stolen Firearm

It is illegal for anyone to knowingly possess, receive, conceal, or dispose of a firearm that has been stolen and has crossed state lines or otherwise been involved in interstate commerce. This prohibition applies regardless of whether the person possessing the firearm was the one who originally stole the weapon. The key element in these cases is the knowledge that the firearm was stolen. The federal penalties for possession of a stolen firearm include up to 10 years in prison.

Illegal Sale or Transfer of Firearms

Federal law states that it is illegal to engage in the business of dealing in firearms without a Federal Firearms License (FFL). To legally sell firearms, individuals and companies must obtain FFLs, meet strict guidelines, and comply with all federal regulations on firearm sales. U.S. law also states it is unlawful to sell or otherwise transfer a firearm to anyone known or suspected to be legally prohibited from owning it. Violations of these laws carry significant penalties. If someone sells a firearm without a license or to a prohibited person, they could face up to five years in prison per offense.

Use of a Firearm in Relation to a Violent or Drug Trafficking Crime

The use of a firearm in relation to a violent or drug trafficking crime is a federal offense. The law mandates severe penalties for anyone who uses, carries, or possesses a firearm during and in relation to any violent crime or drug trafficking offense. These penalties are steep and escalate with the severity of the offense.

Specifically, a first-time conviction is punishable by a mandatory minimum sentence of five years in prison. If the firearm is brandished during the offense, the minimum sentence increases to seven years. Furthermore, if the firearm is discharged, the minimum sentence increases to ten years. For subsequent offenses, the penalties increase significantly, with a second offense carrying a mandatory minimum of 25 years. If the firearm is a machine gun or destructive device or has a silencer, the minimum can escalate to 30 years.

Possession of a Firearm in a School Zone

Under the Gun-Free School Zones Act, possession of a firearm in a school zone is a federal crime. This law makes it illegal for anyone to knowingly possess a firearm at a place that they know, or have reasonable cause to believe, is a school zone. Violations of this law are punishable by up to five years in prison.

Notably, there are exceptions to this rule, such as those for:

People licensed by the state to carry firearms in the school zone
Those with firearms on private property not part of school grounds
Those using firearms for lawful purposes, such as security or educational programs sanctioned by the school

Michigan Gun Laws

Understanding Michigan’s gun control laws is essential for anyone who purchases, possesses, or uses firearms within the state. These laws encompass a wide range of regulations designed to ensure public safety while respecting the rights of responsible gun owners.

Michigan Gun Control Laws

Below is a comprehensive overview of Michigan’s gun control statutes, including the necessary steps for compliance and the implications of these laws on typical gun-related activities:

Licensure to Purchase, Carry, Possess, or Transport Pistols or Firearms: In Michigan, those looking to purchase, carry, possess, or transport pistols or other firearms must first obtain the necessary licenses. The state conducts comprehensive background checks to ensure that applicants do not have disqualifying criminal records or histories of mental illnesses that could pose risks to public safety.
Licensure to Carry Concealed Pistols: To carry a concealed pistol in Michigan, you must obtain a concealed pistol license (CPL). This involves completing a state-approved safety training course and passing a thorough background check.
Carrying Concealed Pistols While Under the Influence: Michigan strictly prohibits carrying concealed pistols while under the influence of alcohol or drugs. The law sets strict thresholds for blood alcohol content and imposes significant penalties for breaches of this statute, including fines, imprisonment, and suspension or revocation of licenses. It also specifies that obtaining a concealed carry license requires implied consent to submit to chemical testing upon request by state authorities.
Carrying Concealed Pistols on Prohibited Premises: Under Michigan law, certain premises are designated as no-carry zones for concealed pistols, regardless of whether you have a valid license. These zones include sensitive locations such as schools, daycare centers, sports arenas, places of worship, hospitals, and casinos.
Storage of Unattended Firearms Where Minors Are Present: Michigan requires any firearm stored in a location where minors are present to be secured and inaccessible to those minors. The law also mandates specific storage practices to ensure firearms are kept in a manner that prevents access by children to reduce the risk of accidental shootings or unauthorized use by minors.
Licensed Dealer Requirements and Duties: Michigan imposes a set of specific requirements and duties on federally licensed firearms dealers. These include maintaining detailed firearm sales records, conducting mandatory background checks, and ensuring that all transactions comply with state and federal firearms laws.

Michigan Weapons Offenses

The Michigan Penal Code imposes severe penalties for various weapons offenses. Below are some detailed descriptions of key Michigan weapons offense statutes and the potential penalties for violations of these statutes.

Unlawful Sale of Firearms or Ammunition

Michigan prohibits the sale of firearms or ammunition under certain conditions. Sellers must not sell firearms or ammunition to anyone who is under 18, has a felony conviction, or is under the influence of alcohol or drugs. Sellers are also prohibited from selling firearms or ammunition to anyone not legally permitted to own a firearm under state or federal law. Selling firearms or ammunition to ineligible individuals can result in felony charges punishable by up to ten years in prison and up to $5,000 in fines.

Manufacture, Sale, or Possession of Certain Weapons

Michigan law bans the manufacture, sale, or possession of specific types of weapons, including machine guns, silencers, and bombs. Violations involving the manufacture, sale, or possession of these prohibited weapons can lead to a felony charge, with penalties including up to five years in prison and fines of up to $2,500.

Manufacture, Transfer, or Possession of Short-Barreled Shotguns or Rifles

Michigan strictly prohibits making, manufacturing, transferring, or possessing short-barreled shotguns or rifles. These include shotguns and rifles with barrels 26 inches long or shorter. These weapons are considered especially dangerous due to their concealability and potential to cause significant harm. Possessing or manufacturing such guns is a felony, punishable by up to five years in prison and up to $2,500 in fines.

Manufacture, Distribution, Sale, or Use of Armor-Piercing Ammunition

Michigan outlaws the manufacture, distribution, sale, or use of armor-piercing ammunition. This type of ammunition is designed to penetrate body armor and poses a serious risk to law enforcement officers and the general public. Engaging in prohibited activities related to armor-piercing ammunition is a felony, with potential penalties of up to four years in prison and fines of up to $2,000.

Manufacture, Sale, or Possession of Semiautomatic Firearm Conversion Devices

Michigan law prohibits manufacturing, selling, or possessing devices that can convert semiautomatic firearms into fully automatic weapons, such as bump stocks and auto sears. These conversion devices are highly regulated because they can significantly increase the firepower of a firearm, making it more dangerous. Violations involving semiautomatic firearm conversion devices can result in felony charges, with potential penalties of up to four years in prison and fines of up to $2,000.

Possession of Firearms or Ammunition by Those Convicted of Felonies or Domestic Violence Misdemeanors

Michigan law prohibits those convicted of felonies or domestic violence misdemeanors from possessing firearms or ammunition. Possession of firearms or ammunition by prohibited individuals is a felony, punishable by up to five years in prison and up to $5,000 in fines.

Armed with Intent to Use Dangerous or Deadly Weapons

Michigan criminalizes being armed with the unlawful intent to use a dangerous or deadly weapon against another person. This statute covers a broad range of weapons, including firearms, knives, and other instruments capable of causing significant harm. Carrying a dangerous or deadly weapon with the unlawful intent to use it is a felony, punishable by up to five years in prison and a fine of up to $2,500.

Unlawful Carrying of Concealed Weapons

Michigan law requires a valid concealed pistol license (CPL) to carry a concealed weapon legally. Carrying a concealed weapon without a CPL is a felony, with penalties including up to five years in prison and a fine of up to $2,500.

Possession of Firearms While Committing or Attempting to Commit Felony Crimes

Michigan imposes additional penalties on those in possession of firearms while committing or attempting to commit felonies. This law aims to deter the use of firearms in the commission of crimes by increasing the severity of the associated punishments. Possession of a firearm while committing or attempting to commit a felony carries a mandatory minimum sentence of two years in prison in addition to any other sentence for the underlying felony.

Alteration, Removal, or Obliteration of Firearm Serial Numbers

Michigan makes it illegal to alter, remove, or obliterate serial numbers or other identifying marks on firearms. Tampering with a firearm’s serial number or other identifying marks is a felony, punishable by up to two years in prison and a fine of up to $1,000.

Unlawful Purchase of Firearms

Michigan prohibits certain people from purchasing firearms, including those under the age of 18 and those prohibited by state or federal law from possessing firearms. Violating purchase prohibitions can result in a misdemeanor charge, with penalties including up to 90 days in jail and a fine of up to $100. Similarly, knowingly making false statements on a firearm purchase application is a felony punishable by up to four years in prison and up to $2,000 in fines.

Unlawful Possession of Firearms on Various Premises

Michigan law prohibits the possession of firearms in specific premises, even if you have a concealed pistol license. These premises include schools, daycares, hospitals, places of worship, and entertainment venues. Unlawful possession of a firearm in a prohibited place is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $100.

Threats to Use a Firearm in a School

Michigan law criminalizes making threats to use a firearm on school property, whether these threats are verbal, written, or electronic. A violation of this law is typically a misdemeanor, punishable by up to one year in prison and a fine of up to $1,000. If someone violates this law with the “specific intent” to carry out the threat or has taken an “overt act” to carry it out, they are guilty of a felony. In that case, they can face penalties of up to ten years in prison and up to $20,000 in fines.

Unlawful Possession in Weapon-Free School Zones

Michigan law also prohibits the possession of weapons, including firearms, within school zones, regardless of any threats or intent to use them. A first-time violation of Michigan’s weapon-free school zone laws is typically a misdemeanor, punishable by up to 93 days in jail, 100 hours of community service, and a fine of up to $2,000.

“Red Flag” Laws

Under Michigan’s new “red flag” laws, judges can order the seizure of a person’s firearms if the court determines they pose a significant risk of harming themselves or others. If the court issues such an order, it can prohibit the subject from possessing or purchasing guns. Non-compliance with an ERPO can result in up to five years in prison and fines of up to $20,000.

Defenses Against State and Federal Gun Charges

Facing state or federal weapons charges can be daunting, but a good defense attorney can employ solid defense strategies to challenge these charges effectively. Each case is unique, and the best defense depends on the circumstances surrounding the charges. Here are some common defense strategies your lawyer could use to defend you against weapons charges:

Illegal Search and Seizure: A common defense strategy is to argue that law enforcement conducted an illegal search or seizure in violation of your Fourth Amendment rights. If the police obtained the weapon without a valid warrant or probable cause, any evidence they collected during their search might be inadmissible in court. This can significantly weaken the prosecution’s case and lead to a dismissal of or reduction in charges against you.
Lack of Knowledge: Your attorney could argue that you were unaware of the presence of the weapon or that the weapon belonged to someone else. For instance, if authorities found the firearm in a shared vehicle or residence, your lawyer could claim that you didn’t know about the weapon or have control over it. Proving a lack of knowledge is challenging, but it can be an effective defense if credible evidence is available.
Self-Defense: Claiming self-defense is a powerful strategy if you use a weapon to protect yourself or others from imminent harm. To successfully use this defense, your attorney must show that you reasonably believed you were in immediate danger and that your use of the weapon was necessary to prevent harm. Self-defense is particularly relevant in cases involving assault or battery charges related to weapon use.
Mistaken Identity: Mistaken identity can be a viable defense in cases where the prosecution bases their evidence on witness testimony or surveillance footage. In these circumstances, your lawyer could argue that you are not the person who committed the offense and provide an alibi or other evidence to show you were elsewhere at the time of the crime. Highlighting inconsistencies in the prosecution’s identification evidence can also support this defense.
Constitutional Violations: Your lawyer could claim that the authorities violated your constitutional rights during the investigation or arrest process. For example, if the police did not read you your Miranda rights or coerced you into a confession, your attorney could argue that these constitutional violations invalidate the prosecution’s case.
Invalid or Expired Licenses: If you face charges for carrying or possessing a weapon without a proper license, your lawyer could argue that you had a valid license that was expired or temporarily invalid. This defense involves highlighting your intention to comply with the law. Providing evidence that you had taken steps to renew or correct the license can mitigate these charges or lead to a reduced sentence.

Seeking Legal Help in Michigan

If you are facing state or federal weapons charges in Michigan, a defense attorney can make all the difference in the outcome of your case. Here are some key steps an experienced defense lawyer can take on your behalf:

Thoroughly Evaluating Your Case: Your attorney will begin by conducting a thorough evaluation of your case. They will review all evidence, including police reports, witness statements, and any available video footage. This comprehensive analysis allows them to identify any weaknesses in the prosecution’s case and develop a tailored defense strategy that addresses the specifics of your charges.
Challenging Evidence: Next, your attorney will meticulously examine the prosecution’s evidence to ensure it was obtained legally and is admissible in court. They can file motions to suppress evidence from illegal searches or seizures. Successfully challenging the admissibility of evidence can significantly weaken the prosecution’s case and potentially lead to a dismissal of your charges.
Negotiating Plea Deals: In some cases, negotiating a plea deal might be in your best interest. A knowledgeable defense attorney can engage in discussions with the prosecution to negotiate a plea agreement that reduces the charges or penalties you face. They will leverage their understanding of the law and the specifics of your case to secure the most favorable terms possible, potentially avoiding a lengthy trial and reducing your legal exposure.
Working with Expert Witnesses: Your attorney might also call upon expert witnesses to strengthen your defense. These experts can provide testimony on various aspects of your case, such as ballistics, forensic analysis, or psychological evaluations. Expert testimony can weaken the prosecution’s evidence and support your defense claims by introducing reasonable doubt into the jury members’ minds.
Preparing a Strong Defense for Trial: If your case goes to trial, your defense attorney will rigorously prepare to present a strong defense. They will develop a compelling narrative, prepare witnesses for testimony, and create persuasive arguments to present to the jury. A well-prepared attorney will anticipate the prosecution’s strategies and be ready to counter them effectively, increasing your chances of a favorable verdict.

Contact Our Experienced Detroit Federal Criminal Defense Attorney

If you or a loved one is facing weapons charges, working with an experienced criminal defense attorney can mean the difference between freedom and imprisonment. Federal Criminal Attorneys of Michigan is here to provide the informed legal representation you need. You can depend on our team to defend your rights, guide you through the complexities of the applicable firearms laws, and achieve the best possible outcome for your case. Contact us today to schedule a consultation and take the first step toward protecting your future.

Federal Criminal Attorneys of Michigan, based in Detroit, also assists clients with criminal defense in Lansing, Grand Rapids, Ann Arbor, Flint, and all of Michigan.