Mich. Comp. Laws » Michigan Compiled Laws / Chapter 776 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 776.20 (2026)

Firearms violations; burden of establishing exception.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


776.20 Firearms violations; burden of establishing exception.

Sec. 20.

    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.

History: Add. 1968, Act 299, Eff. Nov. 15, 1968

Notes of Decisions
Cited in 33 cases (6 in the last 5 years), 1969–2026 · leading case: People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
Sort: Relevance Newest Treatment
People v. Perkins, 703 N.W.2d 448 (Mich. 2005). · cites it 80× “We conclude, on the basis of MCL 776.20 and People v. Henderson, 391 Mich.”
People v. Pegenau, 523 N.W.2d 325 (Mich. 1994). · cites it 10× “424 and MCL 776.20; MSA 28.1274(1), prohibited carrying a concealed weapon in a vehicle, without a license, and placed upon *291 the defendant the burden of proving any exemption contained in the act.”
People v. Hill, 446 N.W.2d 140 (Mich. 1989). · cites it 4× “299 of the Public Acts of 1968, being section 776.20 of the Michigan Compiled Laws, are applicable to this subsection.”
United States v. Galaviz, 645 F.3d 347 (6th Cir. 2011). · cites it 2× “227 ; see also Mich. Comp. Laws § 776.20 (placing burden of establishing possession of license on the defendant); id.”
People v. Rios, 191 N.W.2d 297 (Mich. 1971). · cites it 6× “PA 1968, No 299, added MCLA § 776.20 (Stat Ann 1970 Cum Supp § 28.”
People v. Perkins, 686 N.W.2d 237 (Mich. Ct. App. 2004). · cites it 2× “Moreover, after the five-year period has passed, the convicted felon is prohibited from *271 possessing a firearm until his right to do so has been formally restored under MCL 28.”
People v. Dean, 253 N.W.2d 344 (Mich. Ct. App. 1977). · cites it 6× “MCLA 776.20; MSA 28.1274(1), an analogue to MCLA 767.”
People v. Perkins, 686 N.W.2d 237 (Mich. Ct. App. 2004). · cites it 2× “Moreover, after the five-year period has passed, the convicted felon is prohibited from possessing a firearm until his right to do so has been formally restored under MCL 28.”
People v. Dempster, 242 N.W.2d 381 (Mich. 1976). “7 MCLA 776.20; MSA 28.1274(1) 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…”
People v. Henderson, 218 N.W.2d 2 (Mich. 1974). · cites it 2× “He maintains that since this record contains no proof touching on the lack of license, the conviction cannot stand.”
People v. Jiminez, 183 N.W.2d 853 (Mich. Ct. App. 1970). · cites it 2× “” MCLA § 776.20 (Stat Ann 1970 Cum Supp § 28.”
People v. Bailey, 272 N.W.2d 147 (Mich. Ct. App. 1978). · cites it 2× “The Court held at 616-617: "[W]e are persuaded that the crime defined by MCLA 750.227; MSA 28.424 as it concerns this case, has but one element.”
Show all 33 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.