Call from a potential client:
His adult kid was driving a pickup truck, license suspended, for forgetting to pay a ticket. Big Ooops #1.
He was pulled over and kid happens to have a handgun in the unlocked glove box. Big Ooops #2.
He gets arrested and charged with both DWLS and a CCW violation.
He has no Concealed Pistol License because, you see, they don't believe in CPLs, they believe in the Constitution [yes that's his emphasis right there].
I'm sure you can see where this is going.
I note that while I, too, love and believe in the Constitution, Michigan law is really clear that it requires him to either choose to have a CPL, or not have the pistol in the glove-box, and he's now facing a 5-year felony.
Based on the information provided, it sounds like they have the kid dead to rights (so to speak), and damage control is now needed.
Dad is like, "Well what about the Constitution, we have the right to bear arms and that's what should be argued!"
That's not how this works, that's not how any of this works.
That argument has been made before and lost many times before by others. Michigan law is real clear, crystal clear, that you cannot have a pistol in the glove-box of your vehicle if you don't have a CPL. Period. Flippin' Dot. Full Stop. Go To Jail. Do Not Pass Go.
I stated I can't make that argument in court because it is a losing argument and I know it is a losing argument. To even try and make that losing untenable argument is thus malpractice. If I make it, his kid is going to end up with a felony on his record and probably some jail time which would not be a happy-making result.
Not what he wanted to hear, so nope, not being retained on that one.
7 comments:
And, no more firearms either.
Damn that's short-sighted behavior.
You could argue "equal protection under the law" and reference this:
https://shekel.blogspot.com/2022/12/apparently-there-is-new-and-exclusive.html
Prolly won't work, but hey...
Rick T: Yep, as it is often said, "If you're gonna be dumb, you gotta be tough."
Mr. B: Yep, but that's in a different county from our present fellow's wrong-doing, and they wouldn't want me making that argument because, Constitution.
But, I can't wait to pickup such a case in Washtenaw County and chat about that very issue with the prosecutor.
Sigh... Idjits...
I get it. I don't like it that I have to ask the state of MI: pretty please can I excerise my contitutional right to carry a gun.
But as you say. MI law is pretty clear.
Some previous generation allowed our rights to be erroded & we are stuck with it.
I have a CCW, and regularly carry. If I have my wife with me, and have to go inside a non gun place, such as a medical office, and she is staying in the car, I place my gun in the back, inside a case, unloaded, with the ammo in a different place, the way the law reads. Because if she is sitting in the car and a cop decides to search the car, for any reason, or for no reason, my wife won't argue with them, she will let them. And I don't want the cop to find my loaded gun in the center console with my wife, who does not have a CCW, even with the car just sitting there, her in the passenger seat, the car running with either the AC or the heater on.
I have no doubt that it is against the law, and she could be arrested. We have no trunk, just a SUV type, so I just have to put the gun in the back. I try to not bring my gun if I know that I have to go to a place where they are not allowed, and try and make that my only trip. I don't like to go to stores unarmed anymore, now that even Muskegon has become a free fire zone.
As for our young man who got caught with the gun in the glovebox and no license speeding, throw yourself on the mercy of the court, and pay what ever they offer, including pleading down to any misdemeanor, to stay out of jail, and away from a felony. Those will come back and haunt you. It does sound like he and daddy have the same temperament, and sonny will have a new boy friend soon enough.
ccm2361: Yep, I'd much rather we had constitutional carry plus a permit for out-of-state carry and national reciprocity as well, but we don't have that now, an we're now years away from getting that.
pigpen51: To avoid that entire problem, I;d suggest you ask your wife if she will get a CPL permit so the issue cannot arise. Makes it better for you both. Otherwise, as you note it is a PITA and a risk.
Yep in his case it would be damage control as he was both driving suspended and CCW which makes prosecutors a tad unhappy. Could have helped him quite a bit, but they did not want the help.
Post a Comment