Michigan weapons charges often involve otherwise law-abiding gun owners who misunderstood where or how they could carry. Others are tacked onto unrelated charges and carry mandatory prison time. A conviction can end your right to own firearms.
Michigan weapons charges and penalties
| Charge | Classification | Maximum penalty |
|---|---|---|
| Carrying a concealed weapon (CCW) without a license | Felony | Up to 5 years in prison, up to $2,500 fine |
| Felony firearm (possessing a gun during a felony) | Felony | Mandatory 2 years in prison, served before and separately from the other sentence (5 years for a second offense, 10 for a third) |
| Felon in possession of a firearm | Felony | Up to 5 years in prison, up to $5,000 fine |
| Brandishing a firearm in public | Misdemeanor | Up to 90 days in jail |
| Carrying with unlawful intent | Felony | Up to 5 years in prison |
| CPL violations (pistol-free zones, carrying while intoxicated, failing to disclose) | Civil infraction to felony | Depends on the violation and any prior offenses |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
Michigan’s newer gun laws
Since February 2024, Michigan has required background checks for all firearm purchases, set safe-storage requirements where minors may be present, and allowed courts to issue extreme risk protection orders (ERPOs) that temporarily prohibit someone from possessing firearms. We defend clients charged under these laws and represent people who are the subject of ERPO petitions.
Defending weapons charges
- Illegal stop or search that led to finding the weapon.
- No knowing possession — for example, a gun belonging to someone else in a shared vehicle.
- Lawful transport or an exception that applies to your situation.
- Challenging whether the item meets the legal definition of the weapon charged.
- Negotiating to avoid the mandatory felony firearm sentence.
Frequently asked questions
I have a CPL. Can I still be charged?
Yes. CPL holders can be charged for carrying in a pistol-free zone, carrying while intoxicated, or failing to disclose that they are carrying when stopped by police, among other violations. Penalties range from civil infractions to felonies.
What is “felony firearm”?
Felony firearm is an add-on charge for possessing a gun while committing another felony. It carries a mandatory 2-year prison sentence that must be served before, and separately from, the sentence for the other felony. Because it is so severe, it is often a major focus of negotiation and defense.