Understanding Michigan’s Evolving Firearm Laws: Insights from Dan Geherin

In the latest episode of Michigan Justice Chronicles, Dan Geherin delves into the complexities of firearm offenses and defenses in Michigan. As a former prosecutor turned defense attorney, Dan brings a wealth of experience handling cases involving firearm laws, which remain a hot topic in Michigan and nationwide.

The Impact of Tragic Events on Firearm Legislation

Dan highlights how tragic incidents have directly influenced changes in Michigan’s firearm laws. In 2021 the Oxford High School shooting, where Ethan Crumbly used a gun purchased by his parents to commit a devastating crime, resulted in a shift in legal responsibilities for gun owners. In 2023 the Michigan State University shooting, where a mentally ill individual took several lives, has prompted discussions around mental health and firearm access. These cases underscore the ongoing debate around gun control and Second Amendment rights at the state and national levels.

Critical Changes in Michigan Firearm Laws

Dan outlines three critical changes in Michigan’s firearm legislation:

1. Gun Safety and Storage Laws: After the Oxford shooting, Michigan introduced laws that place liability on gun owners who fail to store their firearms securely. If a gun is not locked away correctly and is used to harm someone, the owner can now face felony charges, even if the situation doesn't rise to the level of manslaughter.
2. Red Flag Laws: Triggered by the Michigan State shooting, new laws allow family members, neighbors, or law enforcement to petition the court to remove firearms from individuals suspected of mental illness. This provides a proactive measure to prevent potential tragedies by restricting access to guns for those who may pose a risk to themselves or others.
3. Domestic Violence and Firearm Restrictions: As of 2024, anyone convicted of domestic violence, including misdemeanors, are prohibited from possessing a firearm for up to eight years. While this law is aimed at reducing gun violence in domestic violence situations, it also raises concerns among Second Amendment advocates who argue that the penalties may be too harsh in specific scenarios, such as minor domestic disputes.

Michigan’s Concealed Carry Laws

Many Michiganders inquire about how they can legally carry a firearm. Dan explains in the latest podcast that while Michigan allows for open carry, carrying a concealed firearm requires a specific permit known as a Concealed Pistol License (CPL). This process involves undergoing a background check, completing a handgun safety course, and proving that you have no disqualifying factors, such as criminal convictions or mental health issues.

Dan also warns that carrying a concealed firearm without a valid CPL is a felony in Michigan, a fact that many residents and visitors are unaware of. For example, if a gun owner puts their weapon in their coat pocket or car's glove compartment without a CPL, they could face serious legal consequences.

Self-Defense and Firearm Use

Self-defense cases involving firearms are highly recommended, and Dan notes that Michigan’s laws differentiate between the use of deadly and non-deadly force. The state’s “Stand Your Ground” and “Castle Doctrine” laws provide specific protections for individuals using firearms in self-defense. These cases often hinge on whether the person had an honest and reasonable belief that their life was in danger. Prosecutors examine cases closely, and it’s not uncommon for them to go to trial, especially when deadly force is involved.

The Importance of Legal Representation in Firearm-Related Cases

Dan emphasizes the critical importance of hiring an experienced attorney as soon as possible if someone is facing criminal charges related to firearms. The majority of firearm offenses in Michigan are felonies with significant penalties, including prison time and the loss of the right to own guns. Even less severe crimes, like misdemeanor domestic violence or violating a personal protection order can lead to long-term consequences, including the inability to own a gun for several years.

Having a skilled criminal defense attorney is essential for anyone serious about protecting their Second Amendment rights or navigating the complexities of firearm laws in Michigan.

Common Firearm Offenses in Michigan

One of the most common firearm-related charges in Michigan is “Carrying a Concealed Weapon” (CCW). This charge often results if you don’t have the proper permit to conceal a firearm, even if  you’re lawfully allowed to own it. Many people don’t realize that placing a firearm in a glove compartment or in your coat pocket without a CPL can lead to a felony charge. These cases are a stark reminder of the importance of understanding and complying with Michigan’s firearm laws.

As firearm legislation continues to evolve in Michigan, staying informed and knowing your rights as a gun owner is more crucial than ever. Expert guidance from a criminal defense attorney in Ann Arbor like Dan Geherin is invaluable for those facing legal challenges or seeking clarity on firearm laws.

Listen to our latest podcast the Michigan Justice Chronicles here.