In a recent decision by the Michigan Court of Appeals, the possession of a taser or stun guns is now considered to be a right protected by the U.S. and Michigan constitutions. The decision bars the prosecution of suspects arrested in Bay and Muskegon counties.
The three-judge appeals panel cited a 2008 U.S. Supreme Court decision involving handguns which “guarantee(s) the individual the right to possess and carry weapons in case of confrontation” to find a state law barring the use of tasers and stun guns by private citizens was unconstitutional.
The two cases involved men charged with violating the law in 2010 and 2011. One carried a stun gun on his belt while working in a Bay City party store. The other, in Muskegon, was arrested when police came to his home and found him in possession of a stun gun.
The court said no evidence had been presented that the weapons – which use an electric current to disable a target – are primarily used for criminal purposes, or that they are sufficiently dangerous or unusual to warrant a ban.
Michigan lawmakers passed, and Gov. Rick Snyder signed, legislation authorizing the possession of stun guns and tasers by concealed weapons license holders in May. The appeals court said its ruling did not address limits set by the new law.
The court did say, however, that “a total prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional.”
A Carrying a Concealed Weapon (CCW) charge is a serious felony charge. If you or someone you know has been charged with CCW, or any weapons charge, you need attorneys who can aggressively and effectively defend you and your rights.
Further, the state of the law in Michigan is constantly changing and it can often times be confusing when trying to determine whether your actions fall within the confines of the law. You need a legal team that is not only up to date on the state of the law, but who is willing to fight for you and your rights – whether it be a felony or a misdemeanor case.
Contact Nessel and Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of.
About Nessel and Kessel Law
With more than two decades of experience, Nessel and Kessel Law is one of Michigan’s premiere litigation firms. Nessel and Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel and Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.
Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights