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Your constitutional right to keep and bear arms is not absolute. There are various circumstances where you may be criminally charged for possessing firearms and/or ammunition.

If you have been charged with or are under investigation for a firearm violation, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

Failure to Display Permit to Carry

If you have a permit to carry, you must have the permit card and a valid government-issued photo ID in your immediate possession whenever you are carrying a pistol. The term “pistol” includes:

• Weapons designed to be fired by the use of a single hand and with an overall length of less than 26 inches.
• Shotguns with barrels the length less than 18 inches.
• Rifles with a barrel the length of less than 16 inches.

Failure to display your permit to carry and valid photo ID is a petty misdemeanor offense. If you are charged with failure to display permit to carry, the penalties include up to a $25 fine. If you can demonstrate to the court or to the office of the arresting police officer that you were authorized to carry the pistol at the time of the defense, then the charges must be dismissed.

Negligent Storage of Firearms

Negligent storage of firearms is a gross misdemeanor offense. This charge occurs if you negligently stored or negligently left a loaded firearm in a location where you knew, or reasonably should have known, that a person under 18 years of age was likely to gain access. If you are charged with negligent storage of firearms, the penalties include up to 364 days in jail and/or a $3,000 fine.

Dangerous Weapons

Even if you have a permit to carry, you can still be charged with a misdemeanor or gross misdemeanor under certain circumstances. Those circumstances include:

• Recklessly handling or using the firearm in a way that endangers the safety of another person.
• Intentionally pointing the firearm at or towards another, regardless of whether the firearm was loaded.
• Furnishing a child under 14 years old with a firearm or ammunition.
• Permitting your own child under 14 years old to handle or use a firearm or ammunition outside of your presence.

Depending on the circumstance, dangerous weapons charges may either be a misdemeanor or gross misdemeanor offense.

If the incident occurred on a residential premises that you owned, leased, or otherwise legally resided at, then you may be charged with a misdemeanor. If you are charged with misdemeanor dangerous weapons, the penalties include up to 90 days in jail and/or a $1,000 fine.

If the incident occurred in a public housing zone, a school zone, or a park zone, you may be charged with a gross misdemeanor. If you are charged with gross misdemeanor dangerous weapons, the penalties include up to 364 days in jail and/or a $3,000 fine.

Felony Dangerous Weapons

Even if you have a permit to carry, you can still be charged with a felony under certain circumstances. Those circumstances include:

• Intentionally discharging a firearm in a way that endangers the safety of another person.
• Recklessly discharging a firearm within a city or township.

If you are charged with felony dangerous weapon and the incident occurred in a public housing zone, a school zone, or a park zone, the penalties include up to 5 years in prison and/or a $10,000 fine.

If you are charged with felony dangerous weapon and the incident occurred elsewhere, the penalties include up to 2 years in prison and/or a $5,000 fine.

Possession of Firearm Without a Permit

Generally, possession of a firearm without a permit is a gross misdemeanor offense. This charge occurs if you possessed a pistol without first having obtained a permit to carry the pistol. The term “pistol” includes:

• Weapons designed to be fired by the use of a single hand and with an overall length of less than 26 inches.
• Shotguns with barrels the length less than 18 inches.
• Rifels with a barrel the length of less than 16 inches.

If you are charged with possession of firearm without a permit, penalties include up to 364 days in jail and/or a $3,000 fine.

• If you have a prior conviction for possession of firearm without a permit, your second offense is a felony. If you are charged with felony possession of firearm without a permit, penalties include up to 1 year and 1 day in prison and/or a $3,000 fine.

Ineligible Person in Possession of Firearm/Ammunition – Under 18

If you are under the age of 18, you can only possess firearms/ammunition under the following circumstances:

• In the presence of or under the direct supervision of their parent/guardian.
• For a military drill under the support of a legally recognized military organization and under competent supervision.
• For instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision.
• If they successfully complete a course designed to teach marksmanship and safety approved by the commissioner of natural resources.

If none of the above-mentioned circumstances apply and you are caught in possession of firearms/ammunition, you may be charged with a felony offense. If you are charged with ineligible person in possession of firearm/ammunition – under 18, the penalties include up to 5 years in prison and/or a $10,000 fine.

Ineligible Person in Possession of Firearm/Ammunition – Convicted Felon

If you have a felony conviction for a crime of violence, you are deemed ineligible to possess firearms and ammunition for life. Qualifying felony convictions include but are not limited to:

• Arson
• Assault
• Burglary
• Domestic Assault
• Drug crimes
• Robbery
• Sex crimes

If you have been charged with ineligible person in possession of firearm/ammunition – convicted felon, penalties include up to 15 years in prison and/or a $30,000 fine.

Failure to Return a Voided Permit to Carry

When convicted of a felony crime of violence, a person becomes legally prohibited from possessing firearms. Upon sentencing, a convicted person has five business days to return their permit card to the issuing sheriff. Failure to return the permit within five days is a gross misdemeanor offense. If you are charged with failure to return a voided permit to carry, the penalties include up to 364 days in jail and/or a fine of $3,000.