Mark Mandell, Esq.
If you are a concealed
pistol license (CPL) holder, do not take the responsibility lightly. There
are countless scenarios in which you will find yourself knee-deep in legal
trouble if you are not aware of the location of your pistol at all times. Since
the majority of CPL holders do not carry on a daily basis and instead stash
their pistol in their home, it’s easy to lose track or forget about the weapon
entirely. This is why proper storage in a gun safe is of paramount importance.
Limiting the access to only yourself is the first step to proper storage, but
your responsibilities do not end there.
Even if the gun is locked away
in a safe, you should routinely make sure the pistol was not removed. In the
event that the firearm is missing, do not assume that you misplaced it and that it will turn up at some point. Instead, you
should report the theft within 5 days or else be responsible for a civil
violation and fined up to $500.00.
Properly storing your weapon
will also prevent your children from accessing it and potentially facing
serious legal consequences for you and the child. For the sake of argument,
let’s say your child stumbled upon your pistol while he/she was snooping around
in your closet. Wanting to show off their mom or dad’s awesome gun, they decide
to bring it to school. According to the Firearms
Laws of Michigan:
“If
a pupil possesses in a weapon free school zone a weapon that constitutes a
dangerous weapon… the school board shall expel the pupil from the school
district permanently.”
You will then be fighting an
uphill battle to get your child reinstated, needing to prove in a clear and
convincing matter that it was not possessed for use as a weapon or was intended
for delivery to another person for use as a weapon; or the student didn’t know
he had it.
Expulsion may be the tip of
the iceberg if prosecutors want to “throw the
book” at you. Section 750.227 of the Firearms Laws of Michigan states:
“A
person shall not carry a pistol concealed on or about his or her person, or,
whether concealed or otherwise, in a vehicle operated or occupied by the
person, except in his or her dwelling house, place of business or on other land
possessed by the person, without a license to carry the pistol as provided by
law. A person who violates this section is guilty of a felony, punishable by
imprisonment for not more than 5 years, or by a fine of not more than
$2500.00.”
It’s possible for a child as
young as 14 years old to face these felony charges if the judge is trying to
make an example out of him/her:
“If
a juvenile 14 years of age or older is accused of an act that if committed by
an adult would be a felony, the judge of the family division of circuit court…
may waive jurisdiction… after the waiver, the juvenile may be tried in the
court having general criminal jurisdiction of the offense.”
The penalties will only
increase in severity if the child used the weapon with or without intent to
harm others, and could even be facing federal charges.
Finally, you as the parent
could be facing criminal charges if the following circumstances exist: (1) you
have custody of the minor; (2) the minor possessed the weapon in a weapon free
school zone; (3) you were aware of the child’s intent/actions or you acted to
further the violation. Given the high frequency of mass shootings, this may be happening more than we would like to
think.
All of this can be easily
avoided if you develop a safe method of storage for your weapon and always know
its whereabouts. You can find gun safes as cheap as $50.00, so there is really
no excuse to leave your weapon vulnerable to theft or possession by a child. If
you find yourself facing legal consequences for a pistol-related offense, you
should immediately contact the attorneys at Fausone Bohn, LLP and ask for Mark
Mandell.
As a former prosecuting attorney, Attorney Mark Mandell has
extensive criminal trial experience. While some attorneys avoid trials, Mark is
always prepared to take his clients' case to trial if needed. Mark taught trial
advocacy skills as an adjunct professor at the Thomas M. Cooley Law School. He
uses his experience as a prosecutor and professor to fight for his clients,
whether that be at trial or for the best possible plea agreement to minimize
jail, prison, or probation. Experience and credibility is the name of the game when appearing before a judge and Attorney
Mark Mandell has it!
