In Michigan, there are several laws surrounding firearms and, consequently, several crimes that an individual can be charged with relating to something as basic as brandishing to as serious as causing death. An individual may be faced with harsh penalties in Michigan if they are charged with any firearm-related crime. When faced with the possibility of such serious penalties, having a skilled attorney to help you prepare and defend your case is necessary to obtain the best possible outcome. Recently, police and prosecutors in Michigan have been trying to crack down on any weapons-related crimes.
According to the National Firearms Survey, in 2021, 32% of Americans said they own some type of firearm. This means that more than 81.4 million Americans own guns.
Several firearms charges involve certain circumstances where an individual is possessing a firearm. For example, “Possession of a firearm on prohibited premises”. Under this charge, an individual can be charged for simply having a firearm in their possession in certain locations. Some examples of locations where firearms are not allowed include:
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Additionally, it is also illegal for a minor (under the age of 18) to possess a firearm with the exception of supervised hunting or education. Under Michigan law, possession of a firearm is a fact-specific question. Michigan law defines possession beyond just having the firearm on your person. A person that falls under these circumstances can be charged with possession of a firearm if they had it in their control or had the right to exercise control over it.
Another, more serious, firearm charge is known as, “Pointing or aiming a firearm at another person” or more commonly called, “pointing without malice”. Here, all the prosecution has to prove for a conviction is that an individual pointed a firearm at another person, regardless of intent. If the firearm is intentionally discharged and/or injuries someone, additional penalties can be applied. If the firearm is discharged at an emergency vehicle, an even more serious, felony charge can be applied.
The penalties for several firearm crimes can be found in the table below:
Type of Offense | Penalty | Michigan Law |
Possession of a firearm on prohibited premises
| Misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both. |
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Minor in possession of a firearm | Misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100, or both. |
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Pointing or aiming a firearm at another person | Misdemeanor, punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both. |
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Injuring a person by discharging a firearm; intentionally aimed without malice | Misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $500, or both. |
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Discharge of a firearm; intentionally aimed without malice | Misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $500, or both. | |
Intentionally discharging a firearm at an emergency or law enforcement vehicle | Felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000, or both. |
Intentionally discharging a firearm at a building is another serious crime that someone can be charged with. To be convicted of this crime, the prosecution must prove:
- You discharged a firearm
- It was directed towards a building
- It was done on purpose or with intension
- The damage named in the charge happened (i.e., injury, death)
The penalties for Intentionally discharging a firearm at a potentially occupied building can be found in the table below:
Type of Offense | Penalty | Michigan Law |
Intentionally discharging a firearm at a potentially occupied building | Felony, punishable by imprisonment for not more than 10 years or a fine of not more than $10,000, or both. | |
Intentionally discharging a firearm at a potentially occupied building, causing injury | Felony, punishable by imprisonment for not more than 15 years or a fine of not more than $15,000, or both. |
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Intentionally discharging a firearm at a potentially occupied building, causing serious bodily impairment | Felony, punishable by imprisonment for not more than 20 years or a fine of not more than $25,000, or both. |
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Intentionally discharging a firearm at a potentially occupied building, causing death | Felony, punishable by imprisonment for life or any term of years. |
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Similar to the “intentionally discharging at a building” charge, intentionally discharging a firearm at a motor vehicle is also a serious charge. To be convicted of this crime, the prosecution must prove:
- You discharged a firearm
- It was directed towards a building
- It was done on purpose or with intension
- The damage listed in the charge happened (i.e., injury, death)
The penalties for intentionally discharging a firearm at a motor vehicle can be found in the table below:
Type of Offense | Penalty | Michigan Law |
Intentionally discharging a firearm at a motor vehicle | Felony, punishable by imprisonment for not more than 10 years or a fine of not more than $10,000, or both. |
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Intentionally discharging a firearm at a motor vehicle, causing injury | Felony, punishable by imprisonment for not more than 15 years or a fine of not more than $15,000, or both. |
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Intentionally discharging a firearm at a motor vehicle, causing serious bodily impairment | Felony, punishable by imprisonment for not more than 20 years or a fine of not more than $25,000, or both. |
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Intentionally discharging a firearm at a motor vehicle, causing death | Felony, punishable by imprisonment for life or any term of years. |
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In addition to other firearm charges, there are also charges related to the purchasing of a firearm. When purchasing a pistol, a certain type of license is required. Therefore, there are criminal penalties for attempting to acquire a pistol without this license. Additionally, there are charges for trying to obtain the license either without an ID or by making a knowingly false statement on the application. The penalties for crimes related to obtaining a firearm can be found in the table below:
Type of Offense | Penalty | Michigan Law |
Obtaining a pistol without a license | Misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both. |
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Using false identification to purchase a firearm | Misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both. | |
Intentionally making a false statement on an application for a pistol license. | Felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000, or both. |
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If you or someone you know is dealing with a charge related to firearm crimes, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please contact us or call (586) 413-7777 at your earliest convenience.