Carrying a Concealed Weapon

While the 2nd Amendment is a right that we hold sacred as Americans, that right can be modified in the interest of public health and safety. This generally means that while we have the right to bear arms, the government can impose certain conditions that must be followed in order to continue enjoying that right.

In Michigan, one of these conditions is that in order to carry a concealed weapon, you must have a license or be inside your property. It is illegal to carry a concealed weapon without a license outside of your property. If you do not adhere to his condition, you face serious consequences that can have a negative and lasting impact on your life. If you are accused or charged with carrying a concealed weapon, call me today to begin building your defense to achieve the best possible outcome for your case.

Offense

Under Michigan law, it is illegal to carry a pistol that is concealed on your person or in your vehicle, with two exceptions

  1. When you are on your own property (i.e. dwelling or place business); or
  2. If you have a concealed pistol license (CPL) and are not carrying the pistol in a manner that is “inconsistent with any restrictions upon such license.”

It is also illegal to knowingly carry a concealed stabbing instrument (except a hunting knife).

MPC 750.227

Penalties

Carrying a concealed weapon charge is a felony with a maximum sentence of 5 years in prison and fines of up to $2,500.

A felony conviction will have negative impacts on your life, personally and professionally. You will have a permanent criminal record, lose gun ownership privileges, risk of job loss, etc. It is critical to hire an attorney who understands what is at stake and takes every step necessary to preserve your rights.

ZAYID LAW’S Defenses to Concealed Carry

The goal in every weapons case is to seek dismissal outright. However, there are several legal strategies that must be utilized before the prosecution dismisses (or at least reduces) the charges. ZAYID LAW has experience deploying a unique set of constitutional defense strategies to obtain the best possible outcome for clients. The prosecution’s case is usually built through the gathering of evidence (i.e. a search, a weapon, etc.). By attacking the method in which the police conducted their investigation, there are several pathways to argue that the evidence was gathered illegally and must be suppressed (or thrown out). I leave no stone unturned and look for any possible constitutional violation to challenge including the following:

  • No Reasonable Suspicion for Traffic Stop: Police must have reasonable suspicion of a crime in order to pull you over. Most concealed carry charges begin at a traffic stop. If the police stop you without reasonable suspicion, ZAYID LAW will move to suppress any evidence gathered as a result of that illegal stop.
  • Illegal Search: In order to search your vehicle, police must have consent or probable cause to believe you are hiding something. If police search your car without consent or probable cause, ZAYID LAW will move to suppress any evidence gathered as a result of that illegal search.
  • Stop and Frisk Violation: The police may stop and frisk you if they reasonably believe that you are armed and pose a danger to their safety. If they have probable cause to arrest you, they may search your person (body) for weapons or for evidence of a suspected crime. If the police did not have reason to pat you down or probable cause to arrest (and search), ZAYID LAW will move to suppress any evidence gathered as a result of that illegal search.

The prosecution’s case is primarily reliant upon evidence gathered via search and seizures. The constitution affords citizens considerable protection against unreasonable searches and seizures under the 4th Amendment, and ZAYID LAW has extensive experience utilizing these constitutional protections to suppress evidence and weaken the prosecution’s weapons case. If you are accused or charged with a weapons crime, call me today for a free consultation.