People v. Laney

I respectfully dissent from the majority’s decision and its conclusion that the language of the Michigan gun licensing statute, MCL 28.422(5), supports the criminal charge in this case *34even without the adoption of the federally recognized “straw person” doctrine. While I agree that the question of guilt in a straw purchase ultimately is one of fact to be decided by a jury, this case presents a preliminary question of law that must be decided before the prosecution can proceed to a jury trial. I would affirm the circuit court decision, because a criminal prosecution cannot be premised on…