Unlawful Firearm Transportation – MCL Section 750.227d

Michigan’s gun laws include specific rules for transporting and possessing firearms and pneumatic guns in vehicles. Understanding these laws is crucial, as violating them could result in fines and jail time. Below, criminal defense lawyers at George Law explain Michigan’s gun transportation laws and why you should contact a lawyer if you have been charged with an offense.

Transporting Firearms Other Than Pistols

Michigan law outlines specific conditions under which firearms and pneumatic guns can be legally transported in a vehicle. These provisions apply to all motor vehicles or self-propelled vehicles designed for land travel.

According to Michigan Compiled Laws Section 750.227d, a person is not permitted to transport or possess a firearm (other than a pistol) in a vehicle unless it is unloaded and meets one of the following criteria:

• The firearm is taken down, meaning it is disassembled in a way that it is not readily usable.
• The firearm is enclosed in a case. This case should be specifically designed for the storage and transport of firearms.
• The firearm is carried in the trunk of the vehicle. This ensures that it is not easily accessible while the vehicle is in motion.
• The firearm is stored in a manner that makes it inaccessible from inside the vehicle, ensuring that it cannot be quickly accessed or used.

Transporting Pneumatic Guns

The law also applies to pneumatic guns that expel a metallic pellet or metallic BB larger than .177 caliber. Similar to other firearms, these pneumatic guns must be unloaded and must meet one of the following conditions:

• Taken down or disassembled.
• Enclosed in a case designed for the gun.
• Carried in the trunk of the vehicle.
• Inaccessible from inside the vehicle.

Penalties For Unlawful Firearm Transportation in Michigan

Violating Section 750.227d is classified as a misdemeanor under Michigan law. The consequences for such a violation include:

• Imprisonment for not more than 90 days, and/or
• A fine of not more than $100.00.

Defenses To Unlawful Firearm Transportation Under MCL Section 750.227d

Compliance With The Law’s Requirements

A primary defense is demonstrating that the firearm was transported in compliance with the law. This involves showing that the firearm was unloaded and either taken down, enclosed in a case, carried in the trunk, or inaccessible from the vehicle’s interior. For pneumatic guns, similar conditions apply.

Law Enforcement And Official Duties

Individuals who are law enforcement officers or are otherwise authorized to carry firearms as part of their official duties may be exempt from this statute. Presenting evidence of such status or authorization could serve as a valid defense.

Emergency Situations Or Necessity

In certain circumstances, the defense of necessity might apply. This is typically used in situations where the transportation of the firearm was essential due to an emergency.

Lack Of Knowledge

If the person charged was unaware that a firearm was present in the vehicle, this could be a potential defense. For example, if someone borrowed a vehicle without knowing a firearm was inside, they might argue they had no intent to violate the law.

Frequently Asked Questions

What Is A Legal Way To Transport Firearms In Michigan?

Under Michigan law, firearms other than pistols must be transported in a vehicle only if they are unloaded and meet certain criteria. These include being taken down or disassembled, enclosed in a case, carried in the trunk, or stored in a way that makes them inaccessible from inside the vehicle.

Does This Law Also Apply To Pneumatic Guns?

Yes, this law extends to pneumatic guns that expel a metallic BB or pellet greater than .177 caliber. Similar to other firearms, these must be unloaded and either taken down, encased, carried in the trunk, or made inaccessible from the vehicle’s interior.

What Are The Penalties For Unlawfully Transporting A Firearm?

A violation of this law constitutes a misdemeanor in Michigan, carrying penalties of up to 90 days in jail and/or a fine of not more than $100.00.

What Defenses Are Available For Violations Of This Law?

Defenses can include demonstrating compliance with the law’s requirements, status as a law enforcement officer or someone authorized to carry firearms, necessity due to emergency situations, lack of knowledge about the firearm’s presence, mistaken identity, or false accusation, and in rare cases, constitutional challenges.

Unlawful Firearm Transportation Lawyer In Michigan

If you’re facing charges in Michigan for unlawfully transporting a gun, don’t hesitate to consult with a criminal defense lawyer. George Law’s experienced criminal defense attorneys can help by assessing your case and crafting a defense strategy tailored to your specific situation. Contact George Law at (248) 247-7459 or reach out online for a consultation.