Arrested for having a gun in my home while intoxicated

[Tmaster]

I read something like like this before. Well; it happened to me. Please read to whole story before commenting.
Livingston County, March 3, 2014.
My wife and I were arguing about 2:30am. She called 911. Deputies show up shortly after to investigate. Everything between wife and I were verbal (no contact). One Deputy ask if I'd been drinking and I said "Yes, is that against the law?". Hes said "no". They told us to stay away from each other for the nite. Me on main floor bedroom, her in basement. They told my wife that a report would be filed in the morning ( I did not know that part) and they left.
30 min. later we got into it again. UNKNOWN to both of us, my daughter, 17 years old, calls 911. Still not knowing about the call made, I went up stairs to bed.
Now 4:30 am, asleep, I here my wife walking up the stairs. I called out her name: No answer, I sit up at the edge of the bed and here commotion in the front room (my door is closed); curious, I called her name even louder this time trying to identify the commotion; No answer. I walked to the drawer for my ACP45. With it to my side and me facing the door a Deputy came through the door. I turned, placed the gun in the drawer and I was taken to the floor, cuffed in the back and escorted out to the cop car. After the Deputies discussion with the wife, one of them came to open the car door and said "I can see your not a threat, I will cuff you in the front".
Arrested in my own home while intoxicated (OVER A .02 BAC).
I guess we don't have a right to protect ourselves; just lay down and let the perps  do what they want.
What do you think?

[Jeff]

I think people need to quit calling the cops.

[bigt8261]

I think if this is really your story, you need to delete the thread and contact an attorney.

[Tmaster]

This is the real story. The Attorney told me either pled guilty to DV and loose CPL for 8 years or if found guilty of a felony I would loose the CPL for ever.

[gryphon]

.02 BAC is the limit for carrying a concealed pistol.  http://legislature.mi.gov/doc.aspx?mcl-28-425k  That doesn't apply to you because you weren't carrying outside of your home under authority of your CPL.

It's .08 for all possession.  http://legislature.mi.gov/doc.aspx?mcl-750-237

But even if you were over .08 it's only a misdemeanor, not a felony, unless you shot someone.  http://legislature.mi.gov/doc.aspx?mcl-750-237

What felony did your attorney say you are in danger of being convicted of?

You might want to call attorney Steve Dulan (East Lansing) or Jim Makowski (Dearborn) or Dean Greenblatt (Bloomfield Hills).

[Tmaster]

Felony was possession of firearm while intoxicated.  I was over .08
Next time I will just lay down after a few and let perps do what they want.
This gives the rights to the perps. If they know you been drinking they can come in and do whatever. If you fight back you will be in the wrong.

[part deux]

Like said above, contact a 2A savvy attorney.  I seem to recall in your own home won't stick.

Having said that, police don't like responding to domestic calls and often want to do something, anything.

you have the contact info for three great attorneys, have a mod or admin delete this thread

[Tmaster]

Why delete it.  I think people should know.  What am l missing from your replies. 
Thanks though.   

[part deux]

Bad idea to share facts of an open legal case in a public forum.  What you type will be used against you.

[Tmaster]

I've already been to court and sentenced.  I would like to get the gun back.

[gryphon]

Felony was possession of firearm while intoxicated.  I was over .08

That's not a felony, that's a misdemeanor. 

(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:

(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.

(2) ...an individual who violates subsection (1) is guilty of a misdemeanor

http://legislature.mi.gov/doc.aspx?mcl-750-237

So maybe there is more to the story, because what you've said here about possessing a firearm while under the influence is no felony.

I feel sorry for you, I really do.  You probably feel pretty depressed about the whole thing.  You'll get over it--eventually.  But right now it sucks.   But you can't be fighting with people.  That's no way to live.  And you can't be calling the cops.  Cops never make things better.

[gryphon]

I've already been to court and sentenced.  I would like to get the gun back.

So you plead guilty to DV I assume?  From everything you've said here it sounds like your attorney lied to you to get you to take a plea.  That's why I think there's more to it because I can't see the average attorney misstating the law like that.  Having possession of a gun in your house while BAC > .08 is not a felony, even if you shoot the thing (as long as you don't hit someone).  Now if you threatened someone's life with it...

[Tmaster]

That is correct. DV plee.
What the attorney said was "if the cop lies and said you pointed the gun at him and found guilty, it would be a felony".
As stated before: http://legislature.mi.gov/doc.aspx?mcl-750-237. I guess am guilty of possession of over .08 not DV but I don't know if it matters or if it could be changed at this point.
I do have an idea on how to get the gun back. What do you think about this:
1) The gun is still in my name.....
2) I transfer it  to my wife (she has a CPL) and ask for it back. (which she has ask twice in court and in a letter to prosecutor also cc to the Judge) .
3) The prosecutor is going to say he doesn't know were it is.
4) Wife files a missing gun report. Since nobody knows where it is.
5) When it gets to Lansing, (Lansing has not received it yet, I called). They will have to notify her that they have it and she gets 30 days to pick it up.
What do you think about that?

[part deux]

What do you think about that?

I think I now have a headache.

[gryphon]

What the attorney said was "if the cop lies and said you pointed the gun at him and found guilty, it would be a felony".

See, you never mentioned that.

[TheQ]

This happened to a former House Speaker -- it went to MI CoA -- dismissed.

http://www.freep.com/article/20130131/NEWS15/301310126/Gun-charges-against-ex-House-Speaker-Craig-DeRoche-dropped