Reckless Use of Firearm in Michigan


Reckless Use of a Firearm

If you live in Michigan, chances are you have at least one firearm in your home -whether that is a rifle for hunting, a shotgun for target shooting, or a pistol for home protection – but you must be careful how you carry and use that firearm. For example, if you were cleaning the firearm and it fired unexpectedly, the police may attempt to charge you with a crime. Likewise, if you do not use a holster for your pistol and it falls out of your waistband or coat pocket while shopping, the police may attempt to charge you with a crime.

Under Michigan Law it is a crime to recklessly, heedlessly, willfully, or wantonly use, carry, handle, or discharge a firearm without due caution and circumspection for the rights, safety, or property of others. (See MCL 752.863a)

If convicted, you could be facing up to 90 days in jail and a fine of $500. Additionally, the Court may suspend your hunting privileges in the State of Michigan for up to 3 years.

As you can see from the language above, the statute that applies in these examples is very broad. To be convicted of this crime, the law only requires that the Prosecuting Attorney convince a jury that your use (or carrying, or handling, or discharging) of the firearm was done without taking reasonable cautionary measures to protect the rights, safety, and property of others. Lessening the likelihood of being convicted if you are charged with this crime will require a close review of the specific facts and circumstances surrounding the charge and a strong legal advocate to fight for you in Court.

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