Macomb County Gun Crime Lawyer

Gun charges carry some of the harshest penalties in Michigan, including a mandatory prison term for felony firearm. Many of these cases involve otherwise law-abiding people, from CPL holders who made a mistake during a traffic stop to drivers caught up in a heated moment. Attorney Christopher Brown is a Macomb County gun crime lawyer and former Detroit police officer who defends weapons charges in every Macomb County court.

Recent Macomb County Gun Results

Every case is different, and past results do not guarantee a similar outcome.

Felony Firearm Dismissed and Felonious Assault Reduced to a Misdemeanor After a Road Rage Incident — Warren

Our client, a CPL holder, was cut off in traffic in Warren. He followed the other driver into a parking lot and got out to confront him. When the other driver took a fighting stance, our client pulled his handgun and pointed it at him instead of walking away. He was charged with felonious assault and felony firearm, which carries a mandatory two-year prison term. Because our client had followed the other driver and started the confrontation, self-defense wasn’t a realistic defense at trial. Instead, we presented the mitigating circumstances to the prosecutor. The felony firearm charge was dismissed outright, and our client pleaded to the assault charge under a delayed sentence. After he successfully completed the conditions over eleven months, the felonious assault charge was dismissed, and a misdemeanor for brandishing a firearm was entered instead. He avoided two felony convictions and a mandatory prison sentence.

16th Circuit Court — Macomb County

Felonious Assault With a Firearm Dismissed at the Preliminary Exam — Warren

We challenged the case early in district court. The prosecutor could not meet the burden of proof at the preliminary examination, and the court granted our motion to dismiss.

37th District Court — Warren, Macomb County

Firearm Discharge Charge Dismissed After a Delayed Sentence — St. Clair Shores

Our client was putting his firearm in a safe when it accidentally discharged, and the bullet traveled through his home and into a neighboring garage. We showed that the firearm’s design made it prone to “slam fire.” As a result, we secured a delayed sentence, and the case was dismissed after six months.

40th District Court — St. Clair Shores, Macomb County

See more of our case results.

Michigan Gun Charges and Penalties

Michigan gun laws are strict, and the penalties depend on the exact charge. These are some of the most common gun charges in Macomb County:

Carrying a concealed weapon (CCW) without a license: carrying a pistol concealed on your person, or in a vehicle without a CPL, is a felony punishable by up to 5 years in prison and a fine of up to $2,500.

Felony firearm: having a gun while committing a felony brings a mandatory 2-year prison term for a first conviction, 5 years for a second, and 10 years for a third. It’s served before and in addition to the sentence for the other felony.

Felonious assault: assaulting someone with a dangerous weapon, including pointing a gun at them, is a felony punishable by up to 4 years in prison, and it’s often charged together with felony firearm.

Felon in possession: possessing a firearm while legally prohibited, such as after certain felony convictions, is a felony punishable by up to 5 years in prison and a fine of up to $5,000.

Brandishing a firearm in public: a misdemeanor punishable by up to 90 days in jail and a fine of up to $100.

Rules Every CPL Holder Should Know

A concealed pistol license (CPL) gives you the right to carry, but it comes with rules. Many charges against CPL holders come from honest mistakes.

• Disclose right away. If you’re stopped by police while carrying, you must immediately tell the officer you have a concealed pistol, and show your CPL and ID when asked. Failing to disclose is a civil infraction with a $500 fine and a six-month CPL suspension, and a second offense within three years brings a $1,000 fine and revocation.
• Know the pistol-free zones. Even with a CPL, you generally can’t carry in places like schools, day care centers, stadiums, bars, places of worship (unless permitted), hospitals, and college dorms or classrooms. A first violation is a civil infraction with a CPL suspension, and repeat violations can become a misdemeanor or felony.
• Never carry after drinking. Carrying a firearm while under the influence is a misdemeanor, and it can turn a routine stop into a criminal case.
• Keep your CPL current. An expired CPL can turn ordinary carry into a felony CCW charge.

If Police Ask to Pat You Down

As a former police officer and a defense attorney, Attorney Brown gives this advice. It’s general information, not legal advice for your situation.

• Officers often start a pat-down and then ask partway through, “You don’t mind if I make sure you don’t have a weapon?” You have the right to refuse consent to a search of your person.
• Say plainly, “I do not consent to a search.” Don’t explain why, and don’t argue.
• Under no circumstances should you pull away or resist physical contact. Resisting can give the officer a lawful reason to search, and it can lead to new charges.
• If you’re a CPL holder carrying a pistol, you still must disclose it immediately. Refusing consent to a search doesn’t change that duty.

A clear, calm refusal matters. Police can frisk you only if they have specific reasons to believe you’re armed and dangerous. If the officer overreaches without that basis, your refusal means the prosecutor can’t claim you agreed to the search, and a Macomb County gun crime lawyer can challenge it in the courtroom.

How a Macomb County Gun Crime Lawyer Builds Your Defense

Every gun case turns on its specific facts. These are the issues Attorney Brown examines first:

• The stop and the search: Was the stop lawful? Did the officer have specific reasons to believe you were armed and dangerous before a pat-down? Was any consent real? If police found the gun through an unlawful search, the evidence can be challenged under the Fourth Amendment.
• Possession: When a gun is found in a shared car or home, the prosecutor must prove it was yours and under your control.
• Self-defense: Michigan law allows deadly force when you honestly and reasonably believe it’s necessary to prevent imminent death, great bodily harm, or sexual assault. Who started the confrontation and how much force was used both matter.
• Your license status: Whether you had a valid CPL, or a statutory exception, can be the difference between a civil infraction and a felony.

Mitigation When the Facts Are Difficult

Not every case has a legal defense, and that’s when mitigation matters most. As our road rage case shows, a carefully prepared presentation of your background and circumstances can persuade a Macomb County prosecutor to dismiss felony firearm and agree to a resolution like a delayed sentence. In Macomb County, gun cases can also call for an evaluation when the defense asks the prosecutor for a resolution outside its standard policies. A Macomb County gun crime lawyer can help you prepare that request carefully and early.

Gun Rights After a Conviction

A conviction can take away your right to own firearms. Under Michigan law, certain felony convictions bring a firearm ban that lasts at least three or five years after you finish your sentence, and some require a court order to restore your rights. A misdemeanor domestic violence conviction brings an eight-year state ban, and federal law has its own, separate restrictions. That’s why avoiding a conviction, or reducing a felony to a misdemeanor, can matter as much for your gun rights as for your record.

Where Macomb County Gun Cases Are Heard

Gun cases start in the district court where the arrest happened. Felonies move to the 16th Circuit Court in Mount Clemens if they’re bound over. We defend gun charges in every Macomb County district court, including the courts serving Warren, Sterling Heights, Shelby Township, Clinton Township, St. Clair Shores, Roseville, Eastpointe, Romeo, and Chesterfield Township.

For more about gun charges across Michigan, see our weapons and firearms defense page. If your case involves a gun at Detroit Metro Airport, see our airport gun charge page.

We also handle Macomb County drunk driving, domestic violence, drug, and sex crime cases.

Macomb County Gun Crime FAQ

Is carrying a gun in my car without a CPL a felony?

Usually, yes. Carrying a pistol in a vehicle without a CPL, or a statutory exception, is a felony punishable by up to 5 years. Michigan has limited exceptions for transporting certain unloaded, cased pistols for lawful purposes.

What happens if I forget to tell the officer about my gun?

If you have a CPL, failing to immediately disclose is a civil infraction with a $500 fine and a six-month CPL suspension. It isn’t a crime on its own, but it can raise an officer’s suspicion and lead to a search.

Can felony firearm be dismissed?

Sometimes. In our Warren road rage case, the felony firearm charge was dismissed outright through mitigation and negotiation. Because felony firearm carries a mandatory prison term, a Macomb County gun crime lawyer focuses on it from the start.

Can I refuse a pat-down?

You can refuse consent. Say plainly, “I do not consent to a search,” and don’t resist physically. If the officer searches anyway without a lawful basis, we’ll challenge it in court.

Talk to a Macomb County Gun Crime Lawyer

• Former Detroit police officer who knows how weapons stops and searches are supposed to be done
• Licensed in Michigan since 2008, with experience before every criminal court judge in Macomb County
• Free consultations, available 24/7, in person at our Troy office or virtually
• Credit cards accepted and payment plans available

Call (248) 468-1468 or contact us online.