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Brandishing a Firearm in Public

In terms of gun-related actions taken without malice, Michigan law specifically distinguishes between possessing, brandishing, and aiming or pointing a firearm toward another person. All these offenses are misdemeanors, but they still may result in various jail sentences and fines. A Michigan brandishing a firearm in public lawyer can explain the charges against you, examine the facts surrounding the incident, and help you explore your options for resolving your case in a positive way. With the assistance of an adept gun attorney, you may be able to avoid some or all of the potential penalties that could result from these charges.

Brandishing a Firearm in Public

Michigan Compiled Laws §750.234e prohibits individuals from willfully and knowingly brandishing a firearm in public. According to MCL §750.222(c), the term "brandishing" as used in this statute refers to pointing, waving, or displaying a firearm with the intent to cause fear in another person.

The offense of brandishing a firearm in public is a misdemeanor under Michigan law that may result in up to 90 days in jail and a fine of up to $100 upon conviction. It should be noted, though, that this section does not apply to peace officers performing their official duties or individuals who are lawfully acting in self-defense or defense of another under the self-defense act. A Michigan brandishing a firearm in public attorney can go into further detail about how one of these exceptions might apply in your case.

Aiming or Pointing a Firearm towards Another without Malice

Michigan law differentiates between brandishing and aiming or pointing a weapon toward another based on the intent behind these actions. By definition, individuals who brandish a firearm have the intent to instill fear in another.

Comparatively, MCL §750.233 provides for a separate offense for individuals who point or aim a firearm at another without malice. This offense is also a misdemeanor with a potential penalty of as much as 93 days in jail and a fine of up to $500.

Prohibitions on Possession of Firearms in Certain Locations

Michigan law also makes it illegal to possess firearms in certain locations, whether individuals are brandishing, aiming, or pointing a firearm, or simply carrying it. For instance, under MCL §750.234d, individuals may not possess firearms in the following locations:

  • Financial institutions, such as banks or credit unions
  • Churches or other places of religious worship
  • Courts
  • Certain theatres and all sports arenas

Furthermore, you may not possess firearms when present in theatres (with a seating capacity of more than 2,500), sports arenas, day care centers, hospitals, bars, and casinos. As an experienced lawyer in Michigan can affirm, though, possessing or brandishing a firearm in public may be legal under this statute for certain individuals, including owners or employees of these places providing security services, peace officers, individuals with concealed carry licenses, and those who have the property owner's permission to carry a firearm.

Violation of this statute is a misdemeanor offense that carries a potential jail sentence of 90 days and a $100 fine. However, the penalties are slightly more serious for possessing any weapon, including a firearm, on school property.

Under MCL §750-237a, it is a misdemeanor offense to possess, brandish, point, or aim a firearm in a weapons-free school zone, which includes school property and vehicles used to transport students. The maximum potential punishment here includes up to 93 days in jail, 100 hours of community service, and a $2,000 fine.

Work with a Michigan Brandishing a Firearm in Public Attorney

While all these firearms-related offenses are misdemeanors under Michigan law, you still run the risk of serving time in jail and paying substantial fines. Being aware of Michigan firearms laws and how they impact your ability to possess, brandish, aim, or point a firearm may key to avoiding these potential penalties. A Michigan brandishing a firearm in public lawyer can assist you in this regard.

Having a firearms-related offense on your record will appear in criminal background checks and could make it more difficult for you to pursue certain careers. Protect your future by consulting a skilled gun defense attorney for the information that you may need in this situation.

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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.