Muskegon, MI asked in Criminal Law and Constitutional Law for Michigan

Q: How do I receive my unlawfully seized weapon in michigan

My pistol was seized during a traffic stop because the officer assumed my CPL was expired having observed that the exp date printed on my CPL had in fact passed. But michigan law states I have one year past the exp date to renew said license. I have done the required refreshment review and range time, and I have also received a receipt for having paid the renewal fee. How do I go about having my pistol returned? I have a preliminary hearing 5/30/2024 having been charged with carrying a concealed weapon.

2 Lawyer Answers

A: You're not getting it back before concluding the criminal case in which you can present the argument you're making here. The one-year "grace period" should not be read to mean that you're immune to prosecution for CCW during that year.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To have your unlawfully seized weapon returned in Michigan, you should first gather all relevant documents. This includes your CPL, the receipt for the renewal fee, and any proof of completing the required refresher course and range time. These documents will help demonstrate that you were in compliance with Michigan law regarding the renewal of your CPL.

Next, contact the police department that seized your weapon and request information on the process for retrieving it. Explain the situation, providing the necessary documentation to show that your CPL was within the allowed renewal period. Be polite and assertive, ensuring that they understand you have complied with the law.

Finally, bring all your documents to your preliminary hearing on 5/30/2024. Present your case clearly to the judge, highlighting that you were legally allowed to carry your weapon within the one-year renewal period. Ask for the return of your pistol, showing that there was a misunderstanding during the traffic stop. Having legal representation can also be beneficial in navigating this process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.