Question for legal eagles

[Airtevron1]

A young friend of mine had the misfortune of getting a dui while in Michigan. He has his permit and of course they confiscated his gun. Even though he had an attorney the judge threw the book and gavel at him, lost license for a year and spent weekend in jail after trial. He thinks lawyer made it worse. Anyway they still have his gun, how can he petition the court to get it back? Any way of claiming poor representation?

 

[wcd]

Was it misfortune or bad choices no sympathy here. Best advice would be to consult someone on the state bar in Michigan.

 

[DadSmith]

A young friend of mine had the misfortune of getting a dui while in Michigan. He has his permit and of course they confiscated his gun. Even though he had an attorney the judge threw the book and gavel at him, lost license for a year and spent weekend in jail after trial. He thinks lawyer made it worse. Anyway they still have his gun, how can he petition the court to get it back? Any way of claiming poor representation?

I'm interested in the advice, and want to hear what the outcome is later on.

 

[Airtevron1]

Was it misfortune or bad choices no sympathy here. Best advice would be to consult someone on the stat bar in Michigan.

If you have a need to know, he is quite broken and contrite about it.

 

[MCgrease08]

Your friend should probably hire an attorney licensed to practice law in Michigan, preferably one with a focus on firearms law.

I doubt you'll find much actionable advice by trying to get it for free in a different state.

 

[jy951]

I would think it would be cheaper to just buy a new gun.

 

[wcd]

If you have a need to know, he is quite broken and contrite about it.

Good to know. Maybe he will refrain from making poor choices again. Seriously he made a conscious decision operate a plus or minus 4K pound weapon While under the influence of alcohol.

I am sure I may come across as being an *** but I am ok with that. It comes from life experiences that no one should ever have to have. And There Never Should Be A Reason For It.



Freedom and Liberty are essential but so are the responsibilities associated with it.

 

[wcd]

I would think it would be cheaper to just buy a new gun.

Perhaps but that may be taking the easy way out.

 

[CitizenX]

Losing possession of the firearm is part of the punishment for a bad choice... and exemplifies just how serious people are about being a morally sound person when exercising their 2A rights.

 

[BankShot]

Good to know. Maybe he will refrain from making poor choices again. Seriously he made a conscious decision operate a plus or minus 4K pound weapon While under the influence of alcohol.

I am sure I may come across as being an *** but I am ok with that. It comes from life experiences that no one should ever have to have. And There Never Should Be A Reason For It.



Freedom and Liberty are essential but so are the responsibilities associated with it.

I agree. I lost a good friend to a drunk driver about thirty years ago.

 

[wcd]

I agree. I lost a good friend to a drunk driver about thirty years ago.

Be charged with making the unenviable task of a notification call. Like I said there should never be a reason for the need to do so.

 

[BankShot]

Be charged with making the unenviable task of a notification call. Like I said there should never be a reason for the need to do so.

I couldn't imagine having to do that. My brother was the local Fire Chief for eight years and a crew member for over 20 years before that. He has a lot of heartbreaking stories.

 

[wcd]

I couldn't imagine having to do that. My brother was the local Fire Chief for eight years and a crew member for over 20 years before that. He has a lot of heartbreaking stories.

Thankfully I have long since advanced. Having to be on both sides of the coin is hard. Having to deal with people at their darkest hour, and having to bring a parents worst nightmare to them. Is not something that is easy to unpack.

 

[Cameramonkey]

Perhaps but that may be taking the easy way out.

This. Look up "tripping over dollars to pick up nickels". Because thats what he would be doing by hiring somebody who bills per hour likely nearly what the gun is worth. Its not like the attorney is going to be able to charge for him 30 minutes to send a stern letter and the judge or Police just says "oops, my bad. Here ya go." Its going to take several hours of lawyer time.

Let it go. Especially since they probably store firearms up there like we do down here: Very poorly. Its likely going to look like it was dropped on the floor and kicked down multiple stairs on the way to the visitor's desk to give it back.

Unless the gun is very important like grandad's service pistol, or a Ed Brown 1911 with meteorite grips. (That would be a $10,000 gun) your buddy is going to end up with a pistol he has invested $2,000 in including attorneys fees.

 

[russc2542]

I'm with CameraMonkey. Unless your friend is interested in "teaching them a lesson" as his own great expense or spending a great deal of time harassing them into it. By the way, it won't teach them anything unless it costs THEM a great deal, which it won't because he's paying for their time too by way of taxes.

 

[DadSmith]

This. Look up "tripping over dollars to pick up nickels". Because thats what he would be doing by hiring somebody who bills per hour likely nearly what the gun is worth. Its not like the attorney is going to be able to charge for him 30 minutes to send a stern letter and the judge or Police just says "oops, my bad. Here ya go." Its going to take several hours of lawyer time.

Let it go. Especially since they probably store firearms up there like we do down here: Very poorly. Its likely going to look like it was dropped on the floor and kicked down multiple stairs on the way to the visitor's desk to give it back.

Unless the gun is very important like grandad's service pistol, or a Ed Brown 1911 with meteorite grips. (That would be a $10,000 gun) your buddy is going to end up with a pistol he has invested $2,000 in including attorneys fees.

If it's a Glock, Springfield XD, S&W M&P, or some other plastic wonder. He definitely should move on and get another firearm unless it's sentimental.
He should take this as a good lesson as to why you should have your wits about you at all times while carrying your firearm away from home.

 

[Cameramonkey]

If it's a Glock, Springfield XD, S&W M&P, or some other plastic wonder. He definitely should move on and get another firearm unless it's sentimental.
He should take this as a good lesson as to why you should have your wits about you at all times while carrying your firearm away from home.

Ask him "would you pay $2,000 for a new Glock(or whatever it is)?" If he says no remind him that by hiring a lawyer to get his back, thats what he will be doing. Sometimes we get all wrapped around the axle emotionally and dont think things through.

 

[Joniki]

After a DUI conviction won't his permit be revoked?

 

[Airtevron1]

Good to know. Maybe he will refrain from making poor choices again. Seriously he made a conscious decision operate a plus or minus 4K pound weapon While under the influence of alcohol.

I am sure I may come across as being an *** but I am ok with that. It comes from life experiences that no one should ever have to have. And There Never Should Be A Reason For It.



Freedom and Liberty are essential but so are the responsibilities associated with it.

So in other words, you don’t have an intelligent response to the question.

 

[Cameramonkey]

After a DUI conviction won't his permit be revoked?

Depends. Not all DUIs are Felonies.

IANAL but I think if you just get pulled over for a basic infraction like 10 over, or for suspicion and its your first, I think its only a Misdemeanor. But more than one, or other factors like an accident, causing injury, etc. it can be elevated to a felony.