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.
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.
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.
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