Carrying Certain Concealed Weapons In Michigan – MCL Section 750.227

Michigan law sets forth strict rules and penalties for carrying certain concealed weapons in Michigan. To navigate the complexities of this law and understand its impact on individuals, the experienced criminal defense lawyers at George Law provides the following explanation of the offense, its restrictions, and potential defenses.

Restrictions On Carrying Certain Weapons

Michigan Compiled Laws Section 750.227 addresses the rules and penalties related to carrying concealed weapons. The law prohibits individuals from carrying specific types of weapons concealed on their person or in a vehicle. These weapons include daggers, dirks, stilettos, double-edged nonfolding stabbing instruments, and other dangerous weapons. However, there is an exception for hunting knives, which can be carried if they are adapted and used for hunting purposes. The law applies unless the individual is in their dwelling house, place of business, or on land they possess.

Carrying a concealed pistol on one’s body or in a vehicle is prohibited unless the individual has a proper license. Even with a license, the individual must adhere to the specific restrictions that come with that license. Similar to the rule for other weapons, the prohibition does not apply when the individual is in their house, place of business, or on land they own.

The law classifies any violation of these provisions as a felony. The consequences for a violation can be severe, including imprisonment for up to five years and/or a fine of up to $2,500.

Defenses For Violations Of Michigan’s Concealed Weapon Law

Possession In A Lawful Place

One of the key defenses relates to the location where the weapon was carried. If the individual was carrying the weapon in their own house, place of business, or on land they possess, this could serve as a valid defense. The law exempts these locations from the prohibition against carrying concealed weapons.

Lawful Carrying Of A Hunting Knife

For those accused of carrying a hunting knife, the defense could be that the knife was adapted for and carried as a hunting tool, which is an exception provided in the statute.

Valid License To Carry A Pistol

In cases involving a pistol, possessing a valid license to carry the pistol is a crucial defense. If the individual can prove that they have a license and were carrying the pistol in accordance with the restrictions of that license, this could negate the charges.

Lack Of Knowledge

A defense may be based on the individual’s lack of knowledge that they were carrying a concealed weapon. This defense would argue that the individual was unaware of the presence of the weapon on their person or in their vehicle.

Unintentional Concealment

In some cases, a weapon may become concealed unintentionally, such as if it is accidentally covered up. If it can be shown that the concealment was accidental and not intentional, this might serve as a defense. However, possessing the weapon could still lead to other charges depending on the circumstances.

Frequently Asked Questions About Michigan’s Concealed Weapon Law

Is It Illegal To Carry A Concealed Weapon?

Not necessarily. Michigan law prohibits carrying certain weapons concealed on one’s person or in a vehicle, with specific exceptions and conditions. For example, these restrictions do not apply when the individual is in their dwelling house, place of business, or on land they own.

Which Weapons Can’t Be Concealed In Michigan?

The law prohibits carrying concealed daggers, dirks, stilettos, double-edged nonfolding stabbing instruments, and other dangerous weapons. However, hunting knives used for hunting purposes are typically exempt.

Can You Carry A Concealed Firearm In Michigan?

Yes, carrying a concealed pistol is allowed if the individual has a proper license. However, they must adhere to the specific restrictions of that license.

What Are The Penalties For Violating This Law?

The offense constitutes a felony, with potential penalties including imprisonment for up to five years and/or a fine of up to $2,500.

What Defenses Can Be Used Against Charges Under This Law?

Several defenses may be applicable, including possession in a lawful place, lawful carrying of a hunting knife, holding a valid license to carry a pistol, lack of knowledge about carrying a concealed weapon, unintentional concealment, and temporary and immediate necessity for protection or safety. The viability of these defenses depends on the specific case circumstances.

Contact George Law Criminal Defense Lawyers For Concealed Weapon Charges

If you’re facing charges or have concerns about how Michigan’s gun laws may affect you, it’s crucial to talk with a lawyer right away. The skilled criminal defense attorneys at George Law are ready to assist you. We’ll take the time to understand the details of your case and to explore all available legal options and defense strategies. Don’t hesitate to contact us at (248) 247-7459 or reach out online for a consultation.

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