Michigan Weapons and Gun Charge Defense Lawyers
A Background on Michigan Gun Laws
Michigan firearm law is dense, and a single incident can produce several charges at once. Most Michigan gun crimes are felonies, and the felony firearm statute adds a separate, mandatory prison term consecutive to whatever sentence the underlying offense brings.
Governing Laws: Key statutes include the concealed weapons law at MCL 750.227, the felony firearm law at MCL 750.227b, and the felon-in-possession law at MCL 750.224f.
Mandatory Penalties: A felony firearm conviction under MCL 750.227b adds a mandatory 2 years for a first offense, served consecutively to the underlying felony.
Firearm Rights Timeline: After a felony, the firearm ban under MCL 750.224f runs three or five years after a person completes all terms, depending on the offense.
Where Cases Are Heard: Most weapons cases proceed in Michigan circuit court, but possession by a prohibited person can be charged federally under 18 U.S.C. 922(g).
Who Handles It Locally: Neumann Law Group defends weapons and firearm charges statewide from offices in Detroit, Grand Rapids, and Traverse City.
What to Do Now: A person arrested on a gun charge should not discuss the firearm with police and should speak with a defense lawyer first.
At Neumann Law Group, our Michigan gun crime defense lawyers represent people charged with firearm and weapons offenses across Detroit, Grand Rapids, Traverse City, and the surrounding communities. Gun cases move fast, often involve a search or a traffic stop, and frequently raise constitutional questions about how the weapon was found. Our broader Michigan criminal defense practice handles the full range of charges, and weapons cases reward early attention to the search, the stop, and the question of possession.
What Weapons Charges Does Michigan Law Cover?
Most Michigan firearm prosecutions fall into a few categories. Carrying a concealed pistol or other dangerous weapon without a valid license is a felony under MCL 750.227. Possessing certain weapons outright, including automatic firearms, silencers, and short-barreled shotguns and rifles, is prohibited under MCL 750.224 and MCL 750.224b. Pointing or brandishing a firearm, discharging it in or from a vehicle, and possessing a firearm in a weapon-free school zone under MCL 750.237a each carry their own penalties.
Carrying a concealed pistol without a license is a felony under MCL 750.227, punishable by up to five years in prison or a fine of up to $2,500. The same statute reaches dangerous weapons carried concealed and pistols carried in a vehicle without authority. Limited exceptions apply, including for a person in their own home, place of business, or on land they own, which is one of the first issues a defense lawyer examines in a concealed carry case.
How Does Michigan’s Felony Firearm Law Work?
Michigan’s felony firearm statute is one of the harshest sentencing tools in the Penal Code, and it operates independently of the underlying charge. A person can be acquitted of nothing and still face this mandatory time simply for having a firearm while committing or attempting another felony.
Under MCL 750.227b, possessing a firearm while committing or attempting a felony is a separate crime that adds a mandatory 2 years for a first offense, 5 years for a second, and 10 years for a third or later offense. That term must be served consecutively to and before the sentence for the underlying felony, and it cannot be suspended. In practice, a felony firearm count attached to another charge can transform the overall sentence, which is why these cases demand close attention to whether the prosecution can actually prove possession.
What Happens to Firearm Rights After a Felony Conviction?
A felony conviction in Michigan suspends the right to possess firearms, and possessing one before that right is restored is itself a serious offense. The length of the suspension depends on the type of felony.
Under MCL 750.224f, a person convicted of a general felony cannot possess a firearm until three years after completing all fines, imprisonment, and probation or parole. For a specified felony, including offenses involving violence, controlled substances, firearms, or arson, the wait is five years, and the firearm right must also be formally restored. Possessing a firearm in violation of this statute is a felony punishable by up to five years in prison or a fine of up to $5,000. Restoring firearm rights after the waiting period is a distinct process, and our team also handles gun licensing and rights restoration matters.
How Did Michigan’s 2024 Gun Laws Change the Rules?
Michigan enacted a package of firearm laws that took effect on February 13, 2024, and they changed both how guns are acquired and how courts can intervene. The reforms grew out of the mass shootings at Oxford High School and Michigan State University.
Three changes matter most. First, background checks and purchase licensing now extend to all firearms, not just pistols, generally through a license to purchase under MCL 28.422. Second, safe storage rules require firearms to be stored unloaded and locked, or secured in a locked container, when it is reasonably known that a minor may be present, with penalties that escalate if an unsecured gun reaches a child. Third, the Extreme Risk Protection Order Act, MCL 691.1801, allows a court to order the temporary surrender of firearms from a person found to pose a significant risk. A separate measure bars firearm possession for eight years after a domestic violence conviction.
The public health stakes behind these laws are substantial. The Centers for Disease Control and Prevention recorded 44,447 firearm deaths nationally in 2024, with suicides accounting for roughly six in 10, according to CDC mortality data. That backdrop helps explain why firearm offenses now draw heightened scrutiny from prosecutors and courts.
What Other Michigan Weapons Offenses Carry Penalties?
Beyond carrying a concealed weapon, felony firearm, and felon-in-possession charges, Michigan law reaches a range of conduct involving firearms. Brandishing a firearm in public under MCL 750.234e is a misdemeanor but frequently accompanies more serious counts. Discharging a firearm from a vehicle under MCL 750.234a and discharging a firearm at or into a dwelling or occupied structure under MCL 750.234b are felonies that escalate sharply if anyone is injured, reaching up to 10 years in prison when the discharge endangers another person and far longer if it causes serious injury or death. Possessing a firearm in a weapon-free school zone under MCL 750.237a and removing or altering a serial number under MCL 750.230 each carry their own penalties and often appear as add-on counts. Carrying a firearm or other dangerous weapon with the intent to use it unlawfully against another person is a separate felony under MCL 750.226, punishable by up to five years in prison or a fine of up to $2,500. Because a single encounter can touch several of these statutes, prosecutors frequently stack multiple weapons counts in one charging document. Intentionally pointing or aiming a firearm at another person, even without malice, is a separate misdemeanor under MCL 750.233, punishable by up to 93 days in jail or a fine of up to $500.
Several of these charges leave room for a substantive defense rather than only a procedural one. A valid concealed pistol license or a statutory exception can defeat a carrying charge outright. Lawful self-defense under MCL 780.972 can justify the display or use of a firearm where a person reasonably believed force was necessary to prevent imminent harm. We examine whether the conduct actually fits the statute charged, because the difference between brandishing and lawful carry, or between a real threat and a misread situation, often decides the case.
When Do Weapons Charges Become Federal?
A gun case can move from state court to federal court when a federal firearm law is implicated. The most common federal charge is possession of a firearm or ammunition by a prohibited person under 18 U.S.C. 922(g), which covers felons, certain domestic violence offenders, and others. When a firearm is carried or used in furtherance of a drug trafficking or violent crime, prosecutors can add a count under 18 U.S.C. 924(c), which imposes a mandatory sentence that runs consecutively to any other punishment.
Federal firearm cases in Michigan are handled in the Eastern District in Detroit or the Western District in Grand Rapids, and they often carry longer effective sentences than the state equivalent. Our federal criminal defense team handles firearm matters in both districts.
Can Someone Restore Firearm Rights After a Conviction?
Restoration is possible in many cases, but it is rarely automatic, and it involves two separate layers of law. On the state side, once the waiting period under MCL 750.224f has run and all terms of the sentence are complete, a general felony allows possession to resume, while a specified felony requires a formal restoration through the concealed weapons licensing board before the right returns. Getting an expungement, or set aside, under Michigan’s Clean Slate framework can also clear the underlying conviction and, with it, the state firearm disability.
The federal side is where people are most often caught off guard. A separate federal prohibition under 18 U.S.C. 922(g) bars firearm possession by anyone convicted of a crime punishable by more than a year in prison, and a state restoration does not always lift that federal bar. The two questions are analyzed independently, and a person who has lawfully regained firearm rights under Michigan law can still face a federal felon-in-possession charge if the federal disability was never resolved. We look at both layers before advising anyone that their rights have been restored, because the consequences of getting that answer wrong are severe.
How Neumann Law Group Defends Weapons Charges
At Neumann Law Group, our defense of a gun case usually starts with the search and the stop. Many firearm charges flow from a traffic stop, a frisk, or a home search, and if the police lacked reasonable suspicion or probable cause, a motion to suppress can keep the weapon out of evidence. Without the gun, the case often cannot proceed.
The next question is possession. The law distinguishes actual possession from constructive possession, and proving that a particular person knowingly possessed a firearm found in a shared car or home is not always straightforward. We test the chain of custody, the forensic evidence, and the assumptions behind the charge. Our attorneys are admitted in Michigan, Massachusetts, California, and New York, the firm has been recognized in The National Trial Lawyers Top 100, and we handle state and federal firearm cases from offices in Detroit, Grand Rapids, and Traverse City. You can learn more about our criminal defense attorneys. Consultations are free and available 24/7.
Frequently Asked Questions About Michigan Gun Charges
Is Carrying a Concealed Pistol Without a License a Felony in Michigan?
Yes. Carrying a concealed pistol or a dangerous weapon without a valid license is a felony under MCL 750.227, punishable by up to five years in prison or a fine of up to $2,500. The charge can apply to carrying on the person or in a vehicle, subject to limited exceptions for a person in their own home, business, or land.
How Much Prison Time Does a Felony Firearm Conviction Add?
Michigan’s felony firearm law, MCL 750.227b, adds a mandatory 2 years for a first offense, 5 years for a second, and 10 years for a third, served consecutively to and before the sentence for the underlying felony. The term cannot be suspended and is in addition to any other penalty in the case.
How Long After a Felony Can Someone Own a Firearm in Michigan?
Under MCL 750.224f, the firearm ban lasts three years after a person completes all terms for a general felony, or five years after a specified felony, and for a specified felony the right must also be formally restored. Possessing a firearm before the ban lifts is itself a felony punishable by up to five years in prison.
What Changed Under Michigan’s 2024 Gun Laws?
Effective February 13, 2024, Michigan expanded background checks and purchase licensing to all firearms, enacted safe storage requirements when a minor may be present, and created Extreme Risk Protection Orders under the Extreme Risk Protection Order Act, MCL 691.1801. A separate law bars firearm possession for eight years after a domestic violence conviction.
When Are Gun Charges Prosecuted in Federal Court?
Federal firearm charges commonly arise when a prohibited person possesses a gun under 18 U.S.C. 922(g) or when a firearm is used in furtherance of a drug or violent crime under 18 U.S.C. 924(c). A 924(c) count carries a mandatory sentence that runs consecutively to any other sentence imposed in the case.
Does a Concealed Pistol License Prevent Every Gun Charge?
No. A valid concealed pistol license permits a person to carry a concealed pistol, but it does not authorize carrying in statutory pistol-free areas, carrying while intoxicated, or possessing a prohibited weapon. A license also does not prevent a felony firearm charge under MCL 750.227b when the underlying conduct is itself a felony.
What Is the Penalty for Brandishing a Firearm in Michigan?
Brandishing a firearm in public is a misdemeanor under MCL 750.234e, punishable by up to 90 days in jail or a fine of up to $100, or both. Although it is a lower-level charge, it frequently appears alongside more serious felony counts that arise from the same incident.
Can Police Search a Car or Home for a Gun Without a Warrant?
Sometimes, but the search still has to satisfy the Fourth Amendment. Officers may rely on consent, plain view, a search incident to a lawful arrest, or the automobile exception, and when none of those applies, a motion to suppress can challenge the search. If a court suppresses the firearm, the prosecution often cannot move forward.
Related Criminal Defense Practice Areas
- Drug crime charges frequently accompany firearm counts, including federal charges under 18 U.S.C. 924(c).
- Domestic violence charges trigger a separate eight-year firearm prohibition under Michigan’s 2024 laws.
- Detroit criminal defense covers firearm cases in Wayne County circuit court and the federal courthouse downtown.
Talk to Our Michigan Gun Charge Defense Lawyers
A weapons charge can carry mandatory prison time and lasting consequences for your firearm rights, and how the gun was found often decides the case. If you are facing a concealed carry, felon-in-possession, or felony firearm charge anywhere in Michigan, the search and the stop deserve a close look from counsel. At Neumann Law Group, our Michigan gun charge defense lawyers offer a free and confidential case review, are available 24/7, and work from offices in Detroit, Grand Rapids, and Traverse City. Call (800) 525-6386 or contact our office to discuss your case.







