For a long time, there have already been a lot of individuals who own guns in the State of Michigan. It is important for individuals who want to have a license or who want to be able to carry their pistol.
Here at Haque Legal, we have had a lot of inquiries about individuals wanting to have their license and want to carry their license. With that, let us look at some of the basic information that you should know about the Michigan Weapons Law.
In this part of the article series, let’s talk about the crime that you will be held liable for even if you have a CPL.
Brandishing a Firearm
Brandishing a firearm is one of the most common crimes in the State of Michigan that is committed by persons who are licensed to carry a firearm in the State of Michigan.
Brandishing a firearm is a crime committed by an individual who uses the licensed firearm against another individual for the main purpose of intimidation but that the act does not amount to aiming or an assault crime. Again, the act mustn’t fall under aiming or an assault crime for the crime to just be under brandishing a firearm. If not, a different charge or a different crime will be charged against the individual involved.
Are there any exceptions to brandishing a firearm?
There are certain exceptions to brandishing a firearm and they are the following:
- When it is done by a peace officer in the lawful performance of his or her duties as a peace officer; or
- When it is done by a person who is lawfully acting in self-defense or defense of another under the self-defense act.
This is under Michigan law.
Federal Law on Brandishing a Firearm
Under Federal law, the crime of brandishing a firearm includes the following:
- When you display all or part of the firearm
- When you display all or part of the firearm to show force, you will be liable for the crime of brandishing a firearm.
- When you make the presence of the firearm known to another person with the aim of intimidation
- When you make the presence of the firearm a known fact to another person and your end goal is to intimidate, you will be in trouble. Keep in mind that you should not make the presence of the firearm known to any person. Even if the firearm is not seen, but you made it known that you are carrying one, you are already liable for the offense.
- When the firearm is used to impliedly threaten the party to follow your order, it may be considered as assault or force.
- When you use the firearm to threaten a party to follow your order then it is more than just brandishing a firearm. You may be held liable for other crimes.
What are the penalties involved?
There are different penalties involved in brandishing a firearm. If you are merely charged with a misdemeanor it is punishable by imprisonment of more than 90 days or a fine or not more than a hundred dollars. You will also be denied your right to get a CPL and have your CPL revoked for 8 years.
What if the weapon was only seen and there was no intimidation?
In some cases that we have handled, it happens that the weapon was only seen by the other party and it was not used for intimidation but the other party was intimidated. In this case, it is a conversation about intent and how intent will play a part in your defense.
Keep in mind that your intention is important to show if you are brandishing the firearm or if there was a misunderstanding between you and the individual involved. In this case, you would need a legal team to help you fight for your rights and make sure that you will not be wrongfully accused and convicted of a crime.
How do I keep my firearm safe to prevent charges for brandishing a firearm?
In our years of practice, we have noticed that there are two things that people need to control when they are carrying a weapon.
The first one is their demeanor.
The second one is their demeanor.
Yes, we reiterate that you need the right kind of demeanor and you also need to make sure that you prevent the wrong kind of demeanor.
When you are carrying a weapon and there is no intimidation on your part but for example, you are pulled over at a traffic stop you need to make sure that you have the right kind of demeanor. Having the right kind of demeanor means that you were able to show your driver’s license as well as your concealed pistol license to the police officer when you are stopped at a traffic light.
On the other hand when you are showing the wrong kind of demeanor such that you are nervous or that you seem agitated you are giving the traffic officer or the police officer more reason to search your vehicle and to hold you even further than is necessary.
What do I do when I am stopped in traffic and I am carrying a pistol?
If you are stopped at a traffic light and you are carrying out this so there is no need for you to panic and the only thing that you need to do is to show them your license as well as your concealed pistol license. There is no need for you to answer other questions and if the police officers continue proving and investigating you only need to contact your lawyer to make sure that things get handled properly.
We Are Your Legal Team
For any other problem, Haque Legal can help. A lawyer at Haque Legal will see to it that your needs are met from beginning to the end of the proceedings. You are always in good hands with Haque Legal.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you are having trouble with getting your license, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call. If you have a problem with your eligibility, we are here to help.
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