The Detroit Police Department has launched an internal investigation into the actions of officers who didn’t arrest Detroit Lions wide receiver Jameson Williams after a gun belonging to him was discovered under the passenger seat of his brother’s car during a traffic stop.
Williams is the legal owner of the pistol, but under Michigan law in order to lawfully possess a firearm in a vehicle you must also have a concealed carry permit. Williams’ brother, who was behind the wheel when he was pulled over for allegedly speeding, also had a firearm, but he also had a valid carry license, so he’s not facing any charges.
Jameson Williams, on the other hand, could face a felony firearms charge. Despite not being arrested at the scene, Detroit police have filed a request with the Wayne County Prosecutor’s Office to file formal charges against Williams for illegally possessing his legally-owned handgun… a decision made after video of the traffic stop became public.
Initially, police handcuffed Williams.
A firearm violation would potentially be a five-year felony.
But the football player was released by a sergeant, who first consulted with his supervisor, according to WXYZ’s report. In doing so, O’Keefe said, Detroit police unintentionally sent a message that celebrities don’t have to follow the law.
I’m not a fan of celebrity justice, but I’m also not keen on the criminalization of our right to keep and bear arms. It’s utterly insane that anyone could face years in state prison for simply possessing a legally-owned gun in their car (or in this case, their sibling’s vehicle) without a concealed carry permit. Williams’ non-arrest bothers me a lot less than the fact that other Michigan residents have been arrested for such a bogus “crime.”
Defense attorney Dan Geherin spoke to the Detroit Free Press about the situation, and noted that Michigan law is vague enough that prosecutors could choose to charge Williams with a misdemeanor instead of a felony… if they choose to charge him at all.
The prosecution also has some flexibility about what crime to charge. Instead of a felony, Williams could face a misdemeanor, such as illegally transporting a gun, which carries a lesser penalty. Or he could face no charge at all.
Judging by the number of calls he gets from prospective clients, Geherin said many people just don’t know that a concealed pistol permit is required to carry a loaded gun in a car in Michigan. Lawmakers likely wrote the law that way, he said, to help protect police.
I don’t know how helpful the statute is for police, but it seems to be hurting a number of legal gun owners.
In more than half the country, Williams and other lawful gun owners don’t need to possess a carry license in order to keep their gun in a vehicle with them. In many other states, carrying a concealed firearm in a vehicle without a permit is a misdemeanor. Michigan is an outlier by making it a felony punishable by several years in prison, and I’d love to see that law undone by either the courts or the legislature.
Given the racial disparities in prosecuting Michigan’s felony firearm law, I suspect Gov. Gretchen Whitmer would face a significant backlash from her base if she vetoed such a measure. While the current controversy surrounding the law is whether or not Jameson Williams will be charged, one of the underlying problems with the statute is that it’s disproportionately used against minorities. As the group Safe and Just Michigan reported in 2020:
One of the most important findings of the report is the racial disparity prevalent among charging and sentencing for felony firearm offenses. Approximately 82 percent of those sentenced for a felony firearm sentence are identified as Black. Safe & Just Michigan is not the only group to point out the racial differences in the application of this law.
Black people in Michigan comprise 14% of the population, according to the group, but account for more than 80% of the prosecutions for felony firearm. That’s a problem in and of itself, but the solution is simple: repeal this ridiculous law and restore an integral part of our right to keep and bear arms for all Michiganders.
