Michigan’s Penal Code includes specific regulations regarding short-barreled shotguns and rifles. This includes guidelines and penalties concerning the manufacturing, making, possession, or transferring of these firearms. The severity of these offenses cannot be understated, as they carry significant legal consequences. In the following content, the experienced criminal defense lawyers at George Law will explain the important details of this law, including its prohibitions, penalties, and possible defense.
Prohibition And Penalties
Under Section 750.224b, the manufacturing, making, possession or transferring of a shotgun or rifle that is short-barreled is strictly prohibited. If someone violates this rule, they are committing a felony. The penalty for this felony can include imprisonment for up to five years, a fine of up to $2,500, or both.
Exceptions Under Federal Law
The law does not apply if the short-barreled shotgun or rifle is lawfully manufactured, made, possessed, or transferred under federal law. This means that if a firearm complies with federal standards, it is exempt from this particular state prohibition.
Length Regulations And Compliance
Michigan law details specific regulations based on the length of the firearm. For firearms that are 26 inches or less in length, certain additional licensing requirements are applicable. Firearms over 26 inches in length must have a copy of the federal registration with them during transportation or use. This registration must be presented to a police officer upon request.
Civil Infractions And Seizure
If someone fails to comply with the registration requirements for a short-barreled firearm over 26 inches, it is considered a civil infraction. This can lead to a fine of up to $100. Additionally, the firearm can be seized by a police officer and could be forfeited to authorities unless the federal registration is presented within a 45-day period.
Defenses
When facing charges under Section 750.224b, there are specific defenses that could be applicable. It’s important to understand these defenses, as they could significantly impact the outcome of a case.
Federal Law Exemption
The statute does not apply if the short-barreled shotgun or rifle is lawfully manufactured, made possessed or transferred, under federal law.
Proof Of Legal Manufacture Or Transfer
Presenting evidence that the firearm was legally manufactured or transferred according to federal regulations can negate the charges under this statute.
Compliance With Length Regulations
If the firearm is 26 inches or less in length, showing compliance with Michigan’s additional licensing requirements can be a defense.
Possession Of Federal Registration For Firearms Over 26 Inches
For firearms longer than 26 inches, a defense could include possessing and being able to present a copy of the federal registration.
Lawful Ownership
Proving that the possession of the firearm was lawful and in line with both federal and state regulations can be a strong defense.
Unlawful Search And Seizure
If the firearm was discovered during an unlawful search and seizure, this could be a basis for a defense. Evidence obtained in violation of the Fourth Amendment rights can be suppressed.
Frequently Asked Questions
What Does Michigan Law Prohibit As It Relates To Short-Barreled Shotguns And Rifles?
Michigan law strictly prohibits the manufacturing, making, possession, or transferring of short-barreled shotguns or rifles. Violating this rule is considered a felony offense.
What Are The Penalties For Violating The Law?
A violation of these laws is a felony, with a possible sentence of up to 5 years in prison, a fine of up to $2,500, or both.
Are There Exceptions To This Prohibition?
Yes, Michigan law exempts firearms that are lawfully made, manufactured, transferred, or possessed under federal law from this prohibition.
What Defenses Are Available If I Am Charged With Unlawful Possession Of A Short-Barreled Rifle Or Shotgun?
Defenses could potentially include compliance with federal law, proof of legal manufacture or transfer, adherence to length regulations, possession of federal registration for firearms over 26 inches, proving lawful ownership, a mistake of fact regarding the firearm’s characteristics, and violations of Fourth Amendment rights regarding unlawful search and seizure.
Contact George Law Gun Crime Attorneys For Legal Guidance
If you or someone you know is facing charges related to the possession, creation, or transfer of short-barreled shotguns or rifles under Michigan law, it’s crucial to consult with a criminal defense lawyer. The experienced gun crime attorneys at George Law are all about defending you and protecting your rights. Contact George Law at (248) 247-7459 or reach out to us online for a consultation.
Practice Areas
- DUI/OWI DEFENSE
- DUI / OWI Penalties in Michigan
- First Offense OWI/DUI Expungement
- Commercial Drivers License (CDL) DUI
- Michigan Drivers License Restoration
- DUI Causing Death
- Felony DUI
- Operating While Intoxicated
- Underage DUI
- OUID
- How Many Drinks Does It Take to Get to .08 BAC?
- Can I get charged with OWPD if I’m on medications?
- OWI / DUI Breathalyzer Test Refusal in Michigan: What You Need to Know
- Do I have to take a roadside field sobriety and breathalyzer test?
- Legal Alcohol Limit Michigan
- Criminal Defense
- Sex Crimes
- Drug Charges
- Misdemeanor Offenses
- Domestic Violence
- Michigan Gun Law & Firearm Laws
- Rules for Transporting Firearms in Michigan
- Manufacture, Sale, Or Possession Of Illegal Weapons
- Carrying A Firearm Or Weapon With Unlawful Intent – MCL 750.226
- Possession Of A Firearm By A Felon In Michigan – MCL Section 750.224f
- Carrying Certain Concealed Weapons In Michigan – MCL Section 750.227
- Possession Of A Firearm During A Felony – MCL 750.227b
- Pointing Or Aiming A Firearm At Another Person – MCL 750.233
- Unlawful Firearm Transportation – MCL Section 750.227d
- Discharging A Firearm Without Malice – MCL Section 750.234
- Possession Of Short-Barreled Shotgun Or Rifle – MCL 750.224b
- Homicide
- Juvenile Offenses
- Criminal Record Expungements in Michigan
- School Offenses
- White Collar Crime
- Violent Crimes
- Embezzlement
- Theft Crimes
- Michigan Felony Defense Lawyers
- Internet Crime / Cyber Crime
- Federal Crimes
- Probation Violations
- Traffic
- The Criminal Process in Michigan
- Michigan Lewdness Lawyer – MPC 750.335
- Aiding Or Abetting Prostitution – MPC 750.450
- Michigan Child Pornography Lawyer – MPC 750.145c
- Date Rape Lawyer
- Soliciting Prostitution
- Criminal Sexual Conduct Lawyers
- Sex Crimes
- Business Law
- Civil Litigation
- Defamation Lawyer
Contact Details
Contact Us
Office Locations
- OFFICE ADDRESS
444 South Washington Avenue
Royal Oak, MI 48067
248-470-4300 - AVAILABLE 24/7
Call/Text My Cell: 248-470-4300
Fax: 248-381-8894
FREE Case Evaluation
To talk to an attorney today, call 248-470-4300,
or fill out our contact form