PEOPLE OF MI V DESHOWN R PASHA
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 23, 2001
Plaintiff-Appellee,
v
No. 220092
Wayne Circuit Court
LC No. 99-000493
DESHOWN R. PASHA,
Defendant-Appellant.
Before: Meter, P.J., and Neff and O’Connell, JJ.
MEMORANDUM.
Defendant appeals as of right his bench trial convictions for possession of less than 25
grams of heroin, MCL 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v), and carrying a concealed
weapon, MCL 750.227(2); MSA 28.424(2). We affirm. This appeal is being decided without
oral argument pursuant to MCR 7.214(E).
Defendant argues that the CCW conviction is not supported by the evidence where he
was arrested at his residence. MCL 750.227(2); MSA 28.424(2) provides:
A person shall not carry a pistol concealed on or about his or her person,
or, whether concealed or otherwise, in a vehicle operated or occupied by the
person, except in his or her dwelling house, place of business, or on other land
possessed by the person, without a license to carry the pistol as provided by law
and if licensed, shall not carry the pistol in a place or manner inconsistent with
any restrictions upon such license.
Although defendant was arrested in his residence, the exception does not shield him from
the statutory violation where he is a convicted felon who has not served the full term of his
parole. In People v Marrow, 210 Mich App 455, 459; 534 NW2d 153 (1995), this Court
concluded that the Legislature did not intend for recently convicted felons to be able to carry
concealed weapons so that they might defend property. The CCW exception does not allow a
person to carry or possess a prohibited weapon. Where a weapon is illegally owned by a felon,
the statute does not protect concealment of the weapon on the felon’s property. Id. at 460. The
Court held that People v Gatt, 77 Mich App 310; 258 NW2d 212 (1977), on which defendant in
this case relies, did not alter the conclusion that the gun must be legally owned before it is
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lawfully concealed. Id.
Affirmed.
/s/ Patrick M. Meter
/s/ Janet T. Neff
/s/ Peter D. O’Connell
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