The ownership, transfer, sale, and possession of firearms touches many areas of state and federal law. The law that is applicable to you has everything to do with your status, your history, and where you live. There are criminal and civil consequences if you’re not following the law.
Firearms invoke criminal law in many different scenarios.
A status crime is one involving firearms when you are not permitted to possess them. This includes convicted felons, persons on criminal bonds under certain circumstances, individuals convicted of domestic violence under certain circumstances and other variations of an inability to possess a firearm because of a curtailment or loss of rights.
Possession of a stolen or unregistered firearm is a crime in and of itself. Certain firearms require extensive licensing (E. G. Automatic firearms and other Class III devices) in order to legally possess them. Some buyers of used firearms unwittingly find themselves in possession of an illegally converted firearm such as an AR 15 whose internal parts have been modified to make it a fully automatic weapon. This is illegal under state and federal law.
Crimes of Violence
Firearms used in the commission of offense or present while committing an offense tend to increase the possible penalties and lead to more severe charges. Crimes of violence perpetrated with firearm have steep guidelines for sentencing. The presence of a firearm during a heated argument can elevate a non-crime into a criminal action. Both in Michigan and in federal law, the crime of Felony Firearm adds an automatic two or five years to any other criminal conviction one may get. The threat or implied threat of a firearm in a case can create criminal charges, too. Road rage incidents frequently involve drivers threatening one or the other with a firearm.
Tim Dinan has litigated cases ranging from misdemeanor violations of concealed pistol licenses to cases of firearms used in self-defense. His knowledge of the law and 30 years of courtroom experience are the key to making the best decisions for your case. Call for your free consultation to see if you need the services of a lawyer today.
Firearms are unique because their ownership and transfer invoke responsibilities for the buyer and seller to legally act. Both federal and state law apply in the sale and transfer of firearms. Civil matters in probate court, divorce matters, and the transfer of firearms to family members all require a knowledge of state and federal firearms law. There are a number of factors to consider before a transfer of firearms may be legally performed.
Tim Dinan has been practicing law for over 30 years and was a former federally licensed firearms dealer, an NRA certified home defense pistol instructor, and a veteran of the Michigan National Guard. He has been an advocate for concealed pistol licensees and the responsible ownership of firearms. His experience and background is your key to helping you make the best decisions for your circumstances. Call for your free consultation to see if you need the services of a lawyer today.