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Practice Areas >> Weapons Charges >> Carrying a Concealed Weapon (CCW)

Carrying a Concealed Weapon

When charged with Carrying a Concealed Weapon (CCW), an attorney experienced in defending clients against gun charges is a must. Attorney Carl Jordan’s record in defending people charged with CCW includes acquittals at trial, dismissals and reduced charges.

POSSESSION OF A CONCEALED WEAPON
According to Michigan Penal Code § 750.227, a person shall not carry a concealed pistol unless they are in their own home, business, or on their own land unless they have a CPL (Concealed Pistol License). Carrying a concealed pistol or other weapon on your body or in your vehicle without a CPL (Concealed Pistol License) is a felony.

A concealed weapon is one that is not clearly visible to the common observer.This is different from an openly carried weapon. Here, it’s important to remember that weapons that are in holsters are not, by definition, hidden. They are hidden when they are out of sight.

Guns can’t be carried in plain sight in cars. A concealed pistol license (CPL) is needed in Michigan if you want to carry a pistol in a car. Without a CPL, drivers can only carry pistols that are unloaded and in containers as long as they are not accessible by the occupants, such as in the trunk.

The only individuals who can legally carry a concealed pistol in Michigan are law enforcement officers, CPL holders (Michigan residents), and residents of other states who have valid concealed carry permits (as long as their state has a reciprocity agreement with Michigan). Everyone else faces serious penalties for carrying a concealed firearm in Michigan.

PENALTIES FOR A CCW CONVICTION

  • Up to 5 years in prison
  • Fines of up to $2,500

DEFENSES FOR CARRYING A CONCEALED WEAPON WITHOUT A PERMIT IN MICHIGAN
If your case goes to trial, the prosecutor must prove every element of the case against you. It must be shown that you knowingly possessed the weapon, that it was concealed, that you were not on your property, and that you didn’t have a CPL. A qualified attorney who specializes in firearms law can examine the details of your case for potential defenses.

Potential Defenses for CCW

  • No probable cause: Police in Michigan can only make an arrest if the officer has probable cause to believe that a suspect committed a crime. If an individual is arrested without probable cause, the case can be dismissed. Probable cause means some kind of factual evidence to suspect a crime is needed.

  • The gun was in plain view: A potential defense to the charge of carrying a concealed weapon is that you were openly carrying the firearm. A partially concealed weapon is often considered to be concealed, but your lawyer may be able to show that your weapon was sufficiently visible and should be considered open carry.

  • You were on your own property: If you got arrested for illegal concealed carry on the border of your property, your lawyer may be able to show that there is a possibility the officer arrested you on your own property and the concealed carry was legal.

  • You had no knowledge of the weapon: A big part of any criminal accusation is intent. For a gun charge to stick, the prosecution needs to show that you were aware that you were concealing a gun. But what if the gun was inside the glove box or under the seat of a car borrowed from a friend? If you weren’t aware that the gun was in the car, you can argue that you had no knowledge of the weapon.

  • Unreliable witness: If someone claims to have witnessed you with a concealed weapon, how would they have known if it was concealed? It’s possible their vantage point misled them, or perhaps they mistakenly assumed you had a concealed weapon.

  • You Had a Legal Right to Carry: A lawyer can help to determine if, at the time of your arrest, you, in fact, had a CPL that allowed you to legally carry a concealed weapon.

IF FOUND GUILTY OF CCW, A SKILLED ATTORNEY MAY BE ABLE TO OBTAIN A REDUCED SENTENCE
A judge will decide how you should be punished at a separate sentencing hearing after your trial. Your attorney will have the opportunity to highlight mitigating factors that may convince the judge to give you a lighter sentence. Those factors include:

  • You had no criminal intentions or committed the infraction by mistake

  • You were unaware that you were breaking the law

  • You have a good character and a clean record

  • This was your first firearms offense

With such strict gun laws, many honest Michigan citizens may unknowingly find themselves in violation of the law. While good intentions, ignorance, or mistake will not get you out of a conviction, these factors can contribute to a more lenient sentence.


CARL JORDAN FIGHTS FOR YOU. HIS GOAL IS TO WIN.
Attorney Jordan is known for winning tough cases. He looks for grounds to have your charges reduced or dismissed. He thoroughly reviews every piece of evidence for constitutional rights violations and police errors so that evidence can be thrown out. He is tenacious and thorough and overlooks nothing..

ATTORNEY JORDAN'S TRACK RECORD INCLUDES DISMISSALS AND ACQUITTALS
Attorney Carl Jordan delivers the aggressive representation that only an experienced and knowledgeable attorney can provide. He will defend you at every stage of the criminal process, from pre-trial through post-conviction stages. He takes every action possible to get you the best possible outcome.

With so much on the line, you owe it to yourself talk to Attorney Jordan. Call him at 248 358-6647 for a free consultation.


ASSAULT & VIOLENT CRIMES PRACTICE AREAS

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Homicide/Murder
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  • Carrying a Concealed Weapon
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