Michigan Criminal Defense Attorney, John Freeman to Moderate Live Webinar

Michigan Criminal Defense Attorney, John Freeman to Moderate Live Webinar

“Collateral Consequences of Criminal Convictions” on Wednesday, June 27, 2012

State Bar of Michigan’s Institute of Continuing Legal Education

FIREARMS

Regardless of whether you or your client believe that the Second Amendment to the Federal and Michigan Constitutions confer an individual right to keep and bear arms, there is no doubt that a criminal conviction could adversely impact a one’s ability to possess, carry, and transport a firearm.

The law in this area is complicated and confusing at times, since what may be permitted under Michigan law may not be allowed federally. Much of the tension surrounds the restoration of gun rights for persons with felony convictions, and whether a state restoration permits a felon to possess a firearm under federal law.

Great care must be exercised in this area, and it is outside the scope of these materials.

A.  Possession of a Firearm

Under federal law, you are ineligible to possess, receive, ship, or transport firearms or ammunition if you have a criminal conviction that falls within the following categories:

1.  You have been convicted of a crime punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less; OR

2.  You have been convicted in any court of a misdemeanor crime of domestic violence.

Source: 18 USC Section 922(g) & (n)

Practice Note: the prohibitions of Title 18, USC, Sections 922(g) & (n) apply to ammunition as well as firearms. They also apply to persons convicted of a misdemeanor crime of domestic violence. The prior conviction does not have to be labeled a domestic violence charge for the prohibition to apply. The crucial factor is the “domestic” relationship between the client and the complaining witness in the potentially disqualifying conviction.

Source: 8 USC §922(g) & (n)

B.  Carrying a Concealed Weapon

In Michigan, to carry a concealed weapon you must obtain a permit from the state. Criminal convictions may prohibit clients from obtaining a Concealed Pistol Permit (CPL) even if you may have met the requirements to possess a firearm under state and Federal law. For example, you may have a misdemeanor conviction for disorderly person. Although you are eligible to purchase and possess a firearm under federal law, you may not be eligible for a CPL until a certain amount of time has passed since the disorderly conviction was entered.

Under Michigan’s CPL law (MCL 28.425b) there are two lists of offenses that may make an applicant ineligible to obtain a CPL. A conviction may make an applicant ineligible for 3 or 8 years, depending on the offense.

See below for specific offenses and ineligibility period.

1.  You may be ineligible to obtain a Michigan CPL/CCW permit if you were convicted of any of the following misdemeanors in the 8 years immediately preceding the date of your CPL application:

·  Failing to stop when involved in a personal injury accident

·  Operating while intoxicated, second offense

·  Operating a commercial vehicle with alcohol content, second offense

·  Reckless driving

·  Operating while license suspended or revoked, punishable as a second or subsequent offense

·  Operating aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction

·  Hindering or obstructing certain persons performing official weights and measures duties

·  Hindering, obstructing, assaulting, or committing bodily injury upon director or authorized representative

·  Operating ORV under the influence of intoxicating liquor or a controlled substance, second or subsequent offense

·  Operating a snowmobile under the influence of intoxicating liquor or a controlled substance, punishable as a second or subsequent offense

·  Operating vessel under the influence of intoxicating liquor or a controlled substance, second or subsequent offense

·  Operating locomotive under the influence of intoxicating liquor or a controlled substance, or while visibly impaired

·  Displaying sexually explicit matter to minors

·  Assault or domestic assault

·  Aggravated assault or aggravated domestic assault

·  Breaking and entering or entering without breaking

·  Fourth degree child abuse

·  Accosting, enticing, or soliciting a child for immoral purposes

·  Vulnerable adult abuse

·  Solicitation to commit a felony

·  Impersonating peace officer or medical examiner

·  Illegal sale of a firearm or ammunition

·  Illegal use or sale of a self-defense spray

·  Sale or possession of a switchblade

·  Improper transportation of a loaded firearm

·  Failure to have a pistol inspected

·  Accepting a pistol in pawn

·  Failure to register the purchase of a firearm or a firearm component

·  Improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using false identification to purchase a pistol

·  Intentionally aiming a firearm without malice

·  Intentionally discharging a firearm aimed without malice

·  Possessing a firearm on prohibited premises

·  Brandishing a firearm in public

·  Possession of a firearm by an individual less than 18 years of age

·  Intentionally discharging a firearm aimed without malice causing injury

·  Parent of a minor who possessed a firearm in a weapon free school zone

·  Setting a spring gun or other device

·  Possessing a firearm while under the influence of intoxicating liquor or a drug

·  Weapon free school zone violation

·  Indecent exposure

·  Stalking

·  Fourth degree criminal sexual conduct

·  Reckless, careless, or negligent use of a firearm resulting in injury or death

·  Careless, reckless, or negligent use of a firearm resulting in property damage

·  Reckless discharge of a firearm

·  A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above

2.  You may be ineligible to obtain a Michigan CPL/CCW permit if you were convicted of any of the following misdemeanors in the 3 years immediately preceding the date of your CPL application:

·  Operating under the influence

·  Refusal of commercial vehicle operator to submit to a chemical test

·  Ignition interlock device reporting violation

·  Circumventing an ignition interlocking device

·  Operating a commercial vehicle with alcohol content

·  Operating aircraft under the influence

·  Operating ORV under the influence

·  Operating ORV while visibly impaired

·  Operating a snowmobile under the influence

·  Controlled substance violation

·  Operating locomotive under the influence

·  Disorderly person

·  Embezzlement

·  False pretenses with intent to defraud

·  Larceny

·  Second degree retail fraud

·  Larceny-vacant building

·  Larceny by conversion

·  Larceny-defrauding lessor

·  Malicious destruction of property

·  Malicious destruction of real property

·  Receiving stolen property

·  Malicious use of telephones

·  A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above.

Note: In addition to criminal conviction eligibility requirements, there are other requirements that a CPL applicant must meet to be eligible for a CPL. Please see MCL 28.425b for all requirements to obtain a CPL.

Practice point: When advising clients about taking a plea deal to a lesser charge, you should advise them that even a misdemeanor conviction may make them ineligible for a CPL, or their CPL may be revoked if they already have one. Review MCL 28.425 for the full requirements to determine if a conviction may affect your client.

Source: http://www.michigan.gov/msp/0,4643,7-123-1591_3503_4654-10926--,00.html