People v. Humphrey

The prosecution appeals as of right a circuit court order granting defendant’s motion to dismiss the charge against him of carrying a concealed weapon (CCW), MCL 750.227(2). On appeal, the prosecution argues that under the Michigan Supreme Court’s interpretation of “firearm” under MCL 750.222(d) (providing the legal definition of “firearm” for offenses in Chapter XXXVII of the Michigan Penal Code), 1 the inoperability of a pistol is not a valid affirmative defense to a CCW charge, and therefore, the trial court erroneously dismissed defendant’s CCW charge. We agree and reverse.

I. FACTS AND…