Michigan Weapons & Firearms Crime Defense Attorney

While Americans have a constitutional right to keep and bear firearms, the law also imposes specific requirements and restrictions on their possession and use. Running afoul of firearms and weapons laws can expose you to potential prosecution. In Michigan, that exposure extends far beyond handguns and traditional firearms. Charges involving knives, brass knuckles, explosives, prohibited tactical devices, and illegal weapon modifications can carry the same potential for felony prosecution, mandatory prison time, and permanent loss of your Second Amendment rights. However, you have legal rights that can help you build a robust, effective defense against any weapon or gun charge.

Don’t put those rights at risk. Instead, contact the Law Office of John Freeman for an initial case evaluation with a dedicated defense lawyer. We are ready to discuss the legal options available to you and how we can protect you from prosecution. We can also help if you are subject to a personal protection order (PPO), an Extreme Risk Protection Order (ERPO), or a red flag action in Michigan.

Aggressive Defense Against Michigan State & Federal Weapon Charges

Michigan prosecutors and federal authorities treat weapon offenses seriously, and they pursue them aggressively. Whether the charge involves a concealed pistol, an illegal knife, a prohibited device, or a firearm used during the commission of a felony, state and federal agencies have substantial investigative resources, established charging frameworks, and mandatory sentencing laws designed to produce convictions and prison sentences. A weapon charge in Michigan is not a matter to approach without experienced, trial-ready legal counsel.

The Law Office of John Freeman is built to meet that challenge. Attorney John Freeman brings 30-plus years of criminal law experience to every case. His background as a former federal prosecutor gives him a distinct advantage: he understands precisely how state and federal authorities build weapon-related cases, what evidence they rely on, and where their cases are most vulnerable. We apply extensive knowledge to develop targeted defense strategies for clients across Oakland County, Wayne County, Macomb County, and federal district courts throughout Michigan.

Weapons & Firearms Offenses We Defend

There is a wide range of weapons offenses under federal and Michigan criminal law, covering both traditional firearms and a broad category of prohibited weapons and devices. These include the following:

Firearm & Handgun Offenses

Michigan prosecutes firearm offenses under a detailed statutory framework. Common charges include carrying a concealed weapon (CCW) without a permit under MCL 750.227, Concealed Pistol License (CPL) violations, felon in possession of a firearm, brandishing a firearm in public, illegal open carry in prohibited locations, discharging a firearm, and unlawful transportation of a firearm in a motor vehicle. Additional charges include:

• Unlawful manufacture, sale, or possession of illegal firearms, such as machine guns
• Unlawful manufacture or possession of a short-barreled shotgun or rifle
• Unlawful conversion of semiautomatic firearms to fully automatic
• Possession of firearms by people legally prohibited from possessing them because of certain felony or domestic violence convictions
• Possession of firearms for unlawful use
• Alteration or removal of serial numbers or identification marks from firearms
• Intentionally making false statements on applications for firearms licenses or using false identification to purchase firearms
• Intentionally pointing firearms at other people without malicious intent
• Intentional discharge of a firearm at another person without malicious intent
• Intentional discharge of a firearm from a motor vehicle (“drive-by shooting”)
• Intentional discharge of a firearm at a dwelling or potentially occupied structure
• Unlawful underage possession of a firearm
• Injuring a person by discharging a firearm, intentionally aimed at another person, without malicious intent

Prohibited Weapons & Tactical Gear

Michigan law prohibits the possession, sale, or manufacture of a wide range of non-firearm weapons and devices beyond traditional guns. Under MCL 750.224, charges may arise from possession of metallic knuckles or brass knuckles (a felony offense), blackjacks, sand clubs, bludgeons, and illegal gas-ejecting devices. Knife-related charges are also common: carrying a dagger, dirk, stiletto, or other double-edged non-folding stabbing instrument concealed or in a vehicle is a felony under MCL 750.227. Stun guns are prohibited under MCL 750.224a, and Tasers may only be possessed legally with a valid CPL. Additional prohibited weapons and device charges include:

• Illegal modification devices, including auto-sears, switches (converting semiautomatic weapons to fully automatic fire), and suppressors without proper NFA registration
• Possession, sale, or manufacture of explosives or incendiary devices
• Possession of body armor during the commission of a crime
• Switchblade or automatically opening knives where restricted by location or context

Felony Firearm (MCL 750.227b)

Among the most serious weapon charges in Michigan is the Felony Firearm statute. Under MCL 750.227b, a person who carries or possesses a firearm while committing or attempting to commit a felony faces a mandatory consecutive prison sentence, served in addition to and before any sentence imposed for the underlying felony. This charge is filed frequently as a companion count to other felony charges, dramatically increasing total prison exposure. The mandatory sentencing structure allows no judicial discretion: the sentence cannot be suspended, and the person is not eligible for parole or probation during the mandatory term. Defending against a Felony Firearm charge requires an attorney who understands both the statute and the underlying felony, and who can attack both layers of the prosecution’s case.

Federal Weapon Crimes

Federal weapon charges carry their own distinct penalties and procedural rules. The Law Office of John Freeman defends clients against the full range of federal weapon offenses, including straw purchases, National Firearms Act (NFA) violations, federal weapon trafficking, possession of a firearm by a prohibited person under federal law, and weapon offenses committed on federal land or public property. Federal agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), maintain detailed enforcement guidelines governing weapon classifications and NFA items. Firearms offenses can also vary significantly depending on whether a defendant faces prosecution under state or federal criminal law, making experienced dual-jurisdiction representation essential.

Weapons in Restricted Locations

Michigan law prohibits the possession of firearms and other dangerous weapons in a broad range of designated locations. Charges may arise from possessing a firearm or weapon in school safety zones, courthouses, airports, government buildings, banks, houses of religious worship, theaters, sports arenas, daycare centers, hospitals, or establishments serving alcohol. Being found with a weapon in any of these locations, even if the weapon itself would otherwise be lawfully possessed, can result in a separate criminal charge.

Understanding Michigan Weapon Penalties & Mandatory Minimums

The consequences of a conviction for weapon-related charges are serious, and in many cases the law removes the judge’s ability to show leniency. Understanding what you face is the first step toward building an effective defense.

Felony Firearm Mandatory Minimums. A first Felony Firearm conviction carries a mandatory 2-year prison term. A second conviction carries a mandatory 5-year term, and a third or subsequent conviction carries a mandatory 10-year term. These sentences are served consecutively, meaning they are stacked on top of the sentence for the underlying felony and must be completed first. The term cannot be suspended, and the person is not eligible for parole or probation during the mandatory period.

Felony vs. Misdemeanor Classifications for Non-Firearm Weapons. Not all weapon charges involve firearms. Possession of brass knuckles or metallic knuckles is a felony under MCL 750.224, punishable by up to 5 years in prison and a fine of up to $2,500. Carrying a concealed dagger or double-edged stabbing instrument is similarly a felony under MCL 750.227. Misdemeanor weapon offenses tend to impose less harsh penalties, such as jail time, probation in lieu of jail, and fines, but even a misdemeanor conviction can create a permanent criminal record.

Collateral Consequences. Beyond the immediate criminal sentence, a weapons conviction carries serious long-term consequences, including:

• Permanent loss of the right to own or possess firearms under state and federal law
• Revocation or suspension of a Concealed Pistol License (CPL)
• Forfeiture of weapons, firearms, and related gear
• Suspension or revocation of professional licenses
• Immigration consequences, including potential deportation for non-citizens
• A permanent criminal record that may appear in background checks, affecting employment, housing, and educational opportunities

Given the long-lasting consequences of a weapons conviction, a defendant should seek experienced legal representation to pursue a favorable resolution that best preserves their reputation, rights, and future.

Defense Strategies for Weapons and Firearm Violations

Depending on the facts of your case, you may have specific defense strategies you could pursue to reduce or dismiss your charges or advocate for an acquittal at trial. Common defenses include:

• Fourth Amendment Search & Seizure Violations: A defendant may seek to exclude a firearm or other evidence from the prosecution’s case by challenging an illegal traffic stop, an unlawful pat-down or frisk, or a search warrant that was improperly issued or executed. Evidence obtained through unconstitutional police conduct may be suppressed, and without that evidence, many weapon charges cannot proceed.
• Lack of Possession or Control: The defendant did not have nor control the firearm or weapon in question. This defense applies where the weapon belonged to another party or was not in the client’s actual or constructive possession at the time of the alleged offense.
• Self-Defense & Justifiable Use: In certain circumstances, a defendant may fight a weapons charge by claiming self-defense or necessity, arguing that they possessed or used a weapon in a limited capacity for a lawful purpose, such as to defend themselves against an imminent threat of deadly force. Michigan’s Castle Doctrine and Stand Your Ground laws provide important legal protections that an experienced attorney can raise on your behalf.
• Lack of Intent: Some firearms offenses require an individual to act with a certain level of criminal intent (e.g., willfully or knowingly). A defendant may argue that they did not act with the required intent to impose criminal liability under the charged statute.
• Lawful Possession: A defendant may present evidence to prove their lawful possession or use of the firearm or weapon, such as a valid CPL, a firearms license, or proof of employment-related authorization (e.g., possessing a firearm while on duty as a security guard).
• Classification & Legality Challenges: Not every object the prosecution labels a “weapon” meets the legal definition of a restricted or illegal weapon under the Michigan Compiled Laws. Challenging whether the item in question satisfies the statutory definition is a legitimate and often effective defense strategy.
• Mistaken Identity/Alibi: Defendants may argue that someone else committed the charged offense by challenging eyewitnesses’ identification of the defendant as the perpetrator or presenting alibi evidence to prove the defendant was elsewhere when the crime occurred.

Red Flag Laws, Extreme Risk Protection Orders (ERPOs), & Safe Storage

Michigan’s weapons laws have changed significantly in recent years. In May 2023, Governor Whitmer signed Michigan’s Extreme Risk Protection Order (ERPO) legislation into law, which took effect on February 13, 2024. Under this law, courts may issue emergency and final orders temporarily prohibiting individuals from possessing or purchasing firearms. Law enforcement, family and household members, and certain healthcare providers may petition a court for an ERPO. An emergency order can be issued without prior notice to the respondent and may remain in effect for up to 14 days before a hearing is required. A final order, if issued after a hearing, may last up to one year and can be extended.

Michigan’s 2023 legislative package also introduced a safe storage law requiring firearm owners to store firearms securely when a minor is or is likely to be present. Violations of the safe storage requirement carry their own criminal penalties.

If you are the subject of an ERPO petition or an emergency weapon confiscation order, time is critical. The Law Office of John Freeman defends clients against these orders, challenges the sufficiency of the evidence presented to the court, and advocates for the return of lawfully owned firearms. Learn more about safe storage of firearms in Michigan and your rights under the new ERPO framework.

How a Bloomfield Hills Weapons & Firearms Lawyer Can Help

Prosecutors have considerable resources to help them pursue convictions in weapons cases. That’s why you need dedicated, experienced legal counsel who can level the playing field for you to stand up for your rights. Let a gun charges attorney from the Law Office of John Freeman help you by:

• Helping you understand the details of your charges and the possible outcomes of your case so you can evaluate your legal options at each stage
• Independently investigating your charges to obtain critical evidence to build the most robust case possible
• Identifying potential defenses against your charges based on the facts and evidence in your case
• Challenging the prosecution’s case to seek a reduction or dismissal of your charges, if possible
• Advocating for an acquittal should you choose to take your charges to trial

Learn About Firearms Laws from the Law Office of John Freeman

Our criminal defense lawyer doesn’t just defend those who have been arrested for firearms violations, he teaches people how to avoid issues. Understanding Michigan’s weapons laws before a problem arises is one of the most effective forms of protection available. We encourage you to explore these resources:

• PPO Law / Red Flag Law: What Michigan’s personal protection order and ERPO laws mean for firearm owners.
• Flying with Firearms: Federal and airline rules for traveling with lawfully owned firearms.
• Alcohol and Firearms: Michigan laws governing the possession and carry of firearms while under the influence of alcohol or controlled substances.

The Law Office of John Freeman brings together the key attributes that matter most in a weapons defense case: decades of trial experience, inside knowledge of state and federal prosecution tactics gained from Attorney Freeman’s time as a former federal prosecutor, deeply knowledgeable representation on Michigan’s weapons statutes, and an aggressive, trial-tested approach that means we will always scrutinize the prosecutor’s case before recommending a plea deal. We serve clients in Bloomfield Hills, Metro Detroit, Oakland County, Wayne County, Macomb County, and in federal district courts throughout Michigan.

Why Choose Our Michigan Criminal Defense Firm

The consequences of a weapons or firearms conviction are serious, and your choice of legal counsel can make a difference in the outcome of your case. You deserve seasoned, aggressive representation that will fight to achieve a positive outcome in your case. Turn to the Law Office of John Freeman for knowledgeable legal advocacy.

Our firm will fight hard on your behalf, even if that means going to trial. You can trust that we will always scrutinize the prosecutor’s case before recommending a plea deal. Instead, we will work diligently to secure the most favorable result possible.

Protect Your Freedom and Legal Rights. Contact Us Today.

A weapons or firearms charge in Michigan is not something you can afford to face alone. Whether you are accused of weapon possession, brandishing, unlawful carrying, a violent weapon offense, or a federal firearms crime, a conviction risks mandatory prison time, permanent loss of your gun rights, and a criminal record that follows you for life. Every day that passes without experienced legal counsel working on your case is a day the prosecution has to strengthen its position against you.

Have you been charged with a weapons or firearms-related offense in Bloomfield Hills or anywhere else in Michigan? If so, contact the Law Office of John Freeman today for a confidential consultation with an experienced weapons defense attorney. We will discuss your charges and explain how our firm can help you seek the fair outcome you deserve. Contact us online to schedule your confidential consultation now.