Legal Question in Criminal Law in Michigan

I was arrested ,and my rifle was taken out of my car at that time ,by police.

They first charged me with assault with a dangerous weapon (felonious assault)

Then they reduced the charge to weapons firearms possession under the influence ,the rifle was not part of any deal to lower the charges.

I was told to plead guilty to that charge ,so I did ,and paid the fine and court cost.

At no time did I assault , or threaten any one.

No person there wanted to press any charges ,or have me taken into custody

I was no threat to any one at all

I hope this is enough information to get a final answer ,will I get my rifle back

Asked on 10/08/12, 8:59 am

1 Answer from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

Possession of a firearm under the influence is a conviction under MCL 750.237. This is part of Chapter 37 of the Penal Code. So, this conviction is one of the types of crimes where the weapon must ("shall") be forfeited under MCL 750.239 and 750.239a. Under the information you have given us, I do not see a legal reason why the rifle would be returned to you, or would not be forfeited. You may want to talk to the attorney who represented you on this criminal case, or personally consult another attorney, to see if there is a basis for seeking relief in the trial court.

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Answered on 10/08/12, 9:19 am

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