Michigan  |  Criminal Law

Legal Question

Asked on: 10/08/12, 7:20 am

If you are arrested , and a rifle taken at that time.

You are charged with a felony ,but the charges are lowered to a misdemeaner.

The gun was not mentioned in any deal to lower the charges ,do they have to return my gun?


1 Answer

Answered on: 10/08/12, 7:46 am by Neil O'Brien

MCL 750.239 and 750.239a authorize forfeiture of "all pistols, weapons, or devices carried, possessed, or used contrary to this chapter" (chapter 37 of the Penal Code; MCL 750.222-750.239a). The weapons are to be turned over to the state police for auction or destruction. You don't say what crime you were convicted of, or whether it fell within Chapter 37 of the Penal Code, the "weapons" chapter. If you were so convicted, then the weapon cannot be returned to you and must be forfeited. If you were not so convicted, then when and how it can be returned to you may depend on (a) whether you have proof of ownership, and (b) whether you are otherwise eligible to possess the firearm. If you are not eligible to possess it under law, a recent unpublished case says that you can designate a third party to receive the confiscated weapon (People v Minch, (Ct of Appeals #301316, 12/20/2011).

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Eaton County Chief Assistant Prosecuting Attorney 1045 Independence Blvd Charlotte, MI 48813

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