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In Michigan can you get a waiver to keep a weapon in the home while someone living there is on a felony probation?
10 Answers
- ?Lv 41 year ago
The best policy is to place the weapon into a lock-box just like the one used by the Social Security Trust Fund.
- JosaLv 61 year ago
No you cannot. The law says a felon can't even be in the same building with a weapon.
- Anonymous1 year ago
No. Why? There is no such thing.
- STEVEN FLv 71 year ago
There is NO SUCH THING as a waiver of the prohibition against a felon possessing a firearm.
- ?Lv 71 year ago
You can keep all the weapons you want. The felon is the one who can't be there.
But no, you can't.
- Anonymous1 year ago
NO
If you are on probation and your spouse or someone else you live with owns firearms, must they give them up as well? And what does giving up the guns entail; do they have to be removed from the home, or can the guns be locked in a safe kept at the home? To answer these questions it is necessary to consider the definition of the term “possession.” Even though this may seem like a simple word to define, the legal definition is actually quite complicated.According to Michigan case law, “possession” is defined as[i] “‘1. [t]he fact of having or holding property in one’s power; the exercise of dominion over property. 2. [t]he right under which one may exercise control over something to the exclusion of all others; the continuing exercise of a claim to the exclusive use of a material object.’”[ii]. In general, “possession is either actual or constructive.” [iii]“ ‘[A] person has constructive possession if he “knowingly has the power and the intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons….” ’ ”[iv].Keeping the guns locked in a safe may not be enough to preclude prosecution for felony possession of a firearm while on probation. A web page from Ionia County sets forth their “zero tolerance” gun policy and makes this explicit. If you are on probation elsewhere, and your County does not have a zero-tolerance gun policy, then it is still best to check with your probation officer for further guidance. Don’t assume you can keep the guns without checking with your probation officer. If you’re not happy with the information given to you, or can’t reach your probation officer, then you may want to retain a lawyer to assist you. Obtaining clarity around this issue is especially important considering that raising a “defense” to a prosecution such as that you were not in possession of firearms kept sequestered within a home where you lived, Michigan Compiled Laws suggests that you will have the burden of proving that this exception applies. Specifically, MCL § 776.20 provides: In any prosecution for the violation of any acts of the state relative to use, licensing and possession of pistols or firearms, the burden of establishing any exception, excuse, proviso or exemption contained in any such act shall be upon the defendant but this does not shift the burden of proof for the violation.If you have been convicted of a felony in Michigan, then until your firearms rights are restored, it is best for you to stay as far away as possible from firearms of all kinds. Otherwise, you may be placing yourself at risk of not only a violation of probation but of new felony charges. A conviction for either could send you back to jail.
- martinLv 71 year ago
Seems like it would depend on what the felon's conviction was for, and whether the weapon was known to the felon.
- W.T. DoorLv 71 year ago
Call his/her Probation Officer and ask under what circumstances there can be a firearm in a home where a rights-suspended felon lives. For example, can the person who owns the firearm keep the weapon in a safe or other secure storage to which the felon does not have access (no key or combination)?.