Concealed Pistol Licenses and Michigan Law
New laws you should know about if you have a Concealed Pistol License
Michigan’s top criminal defense attorneys have obtained excellent results for clients that have been charged with Concealed Weapon offenses.
The laws regarding the issuance and revocation of concealed weapons permits and concealed pistol licenses (CPL) have been changed. Under the current law, a person who files an application with a county clerk and satisfies specific criteria will receive a concealed weapon permit. The applicant must:
- be at least 21-years-old
- be a citizen of or lawfully admitted into the United States
- be a legal resident of Michigan for not less than 6 months
- have completed a pistol safety training course
- not be the subject of certain mental health related orders
- not have any prior or pending felonies
- not have been dishonorably discharged from the military
- not have been convicted within 8 years of certain serious misdemeanors
- not have been convicted of other less serious misdemeanors within 3 years
- not be charged with any misdemeanor
- have a valid driver’s license or state issued ID
Lying on an application for a Concealed Pistol License is a felony punishable by imprisonment of up to 4 years.
Revocation or Suspension of a CPL (Concealed Pistol License)
If an individual with a valid CPL (concealed weapons permit) is charged with certain crimes, their permit will be temporarily suspended if that person is charged with certain enumerated misdemeanors and felonies. A conviction for certain offenses will result in either revocation of a CPL that can be permanent or last 3 or 8 years, depending on the offense. A felony conviction results in a permanent revocation.
Common Offenses Resulting in an 8 Year Concealed Pistol License (CPL) Restriction
If you are convicted of certain offenses, you face an 8 year concealed pistol license restriction or revocation. Don’t forget that a charge is not the same as a conviction. If you face any of the following charges, an experienced, savvy criminal defense lawyer will likely be able to get your charges reduced or changed to eliminate the need for any interference with your CPL.
- Failing to stop when involved in a personal injury accident
OWI 2nd offense - Reckless driving
- DWLS 2nd offense (Driving While License Suspended or Revoked)
- Operating an aircraft with a BAC
- Possession of a controlled substance
- Displaying sexually explicit matter to minors
- Assault
- Domestic violence
- Breaking and Entering
- Entering without breaking
- 4th-degree child abuse
- Vulnerable adult abuse
- Solicitation to commit a felony
- Impersonating a police officer
- Illegal sale of a firearm or ammunition
- Illegal use or sale of a self-defense spray
- Sale or possession of a switchblade
- Improper transfer of a firearm
- Failure to register the purchase of a firearm
- Making a false statement on an application to purchase or register a firearm
- Intentional discharge of a firearm without malice
- Brandishing a firearm
- Possession of a firearm by a person under 18
- Possession of alcohol while under the influence
- Indecent exposure
- Stalking 4th-degree criminal sexual conduct
- Reckless, careless, or negligent use of a firearm resulting in injury or death
- Reckless discharge of a firearm
Common Offenses Resulting in a 3 Year Concealed Pistol License (CPL) Restriction
The following offenses result in a three-year ban on having a concealed pistol license (CPL).
- OWI, DUI, OWPD, impaired driving, operating while intoxicated
- Refusal of a commercial vehicle operation to submit to a chemical test
- Ignition interlock device reporting violation
- Circumventing an ignition interlock device
- Operating a commercial vehicle with an alcohol content
- Controlled substance violation (sale or possession of drugs)
- Disorderly conduct
- Embezzlement
- False pretenses with the intent to defraud
- Larceny
- Retail fraud – 2nd degree
- Larceny from a vacant building or structure
- Malicious destruction of property
- Malicious destruction of real property
- Receiving or concealing stolen property
- Malicious use of a telecommunications service or device
How can you get your concealed weapons permit (CPL) back or prevent its revocation?
If you are charged with any of the above misdemeanors, your CPL will most likely be temporarily suspended; however, you do not necessarily have to lose it for an extended period of time or have it revoked. A conviction, not a charge, triggers a revocation. A highly experienced, successful criminal defense attorney gives you the best possible chance of avoiding a conviction for any of the above offenses or a felony. Even in cases where a person may be “guilty” for committing one of these offenses, a good attorney might be able to persuade the prosecutor to change the charge to an offense that does not result in a revocation of concealed pistol license (CPL). A dismissal or acquittal will prevent revocation as well.
Delayed Sentences, Under Advisement, HYTA, 7411, 769.4a, or 771.1
There are statutes and court rules designed to help people avoid convictions in domestic violence cases, drug cases, cases with young adults, and other circumstances. A temporary suspension may occur when a charge is filed, even though a person may be eligible for consideration under one of these laws. If a conviction is not going to be entered because a court grants special consideration under one of these statutes or court rules, a concealed pistol license (CPL) may not be revoked. These issues are complicated, and an experienced defense lawyer would have to look closely at your particular circumstances.
Carrying a Concealed, Lawfully Registered Pistol with an Expired Concealed Pistol License
If you possess a lawfully purchased, registered pistol and it’s concealed, you face felony charges if your Concealed Pistol License (CPL) is expired. The lawyers with LEWIS & DICKSTEIN, P.L.L.C.’s Second Amendment Defense Team, know every trick in the book to persuade a prosecutor to dismiss or reduce criminal charges under these circumstances. Do not trust your fate with a budget or general practice lawyer under these circumstances, or you might find yourself with a conviction that was otherwise avoidable and results in a lifetime ban on obtaining a lawful CPL.
Lawyers Defending CPL Holders and the Second Amendment
If you have a CPL or you care about your 2nd Amendment rights, you need lawyers who are not afraid to stand up and fight for your rights. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. will not just fight for you; we have the experience and expertise to give you the best chance of winning. If your goal is to reach a fair resolution to your case or seek dismissal of all charges, we can help you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
