In a recent case that underscores the legal challenges of navigating differing state laws, two South Bend residents, a father and son, were sentenced in Berrien County Trial Court for attempting to carry concealed firearms without proper licensing while in Michigan to purchase cannabis.
The case stems from an incident on January 5th in Bertrand Township, Michigan, when a vehicle carrying Jason Robert Miltroka, 47, and his son Gino Anthony Miltroka, 20, was stopped by police. Both men had traveled from Indiana to Michigan with the intention of purchasing cannabis, a substance that remains illegal in their home state.
Michigan, which legalized recreational cannabis in 2018, attracts many out-of-state visitors who come to legally purchase cannabis products. Jason and Gino Miltroka were among those visitors, seeking to take advantage of Michigan's more permissive cannabis laws. However, their plan was complicated by their failure to understand Michigan's strict regulations on carrying concealed firearms.
Jason Miltroka was sentenced to 10 days in jail, credited for two days already served, and ordered to pay $258 in fines and costs. His firearm was also forfeited. This marks his first felony conviction, although he has prior convictions related to drinking and driving. Defense attorney Scott Graham highlighted Miltroka's stable residence and employment, which he hopes to maintain despite his conviction.
During court proceedings, Miltroka admitted that he did not realize the differences in firearm laws between Indiana and Michigan, though he was aware of the disparity in cannabis laws. Judge Jennifer Smith acknowledged his desire to keep his job but stressed the importance of understanding the responsibilities associated with carrying a weapon. She noted that Miltroka knowingly crossed state lines to purchase cannabis, consumed alcohol in the vehicle, and used both alcohol and cannabis while on bond, pointing to a pattern of poor decision-making.
Gino Miltroka received a similar sentence a week after his father: 10 days in jail with two days credited, $258 in fines and costs, and the forfeiture of his firearm. His defense attorney, Daniel French, described the incident as a series of bad choices stemming from a lack of understanding of state laws. Gino Miltroka admitted his failure to research the legal requirements for carrying a firearm in Michigan.
Judge Smith reiterated the points made during Jason Miltroka's sentencing, emphasizing the responsibility to understand and comply with state laws when carrying a firearm. She pointed out that Gino was driving with a suspended license, was not fully truthful with officers, and violated bond conditions by using cannabis.
This case highlights the complexities and potential pitfalls of differing state laws regarding firearms and cannabis. Indiana's strict cannabis prohibition contrasts sharply with Michigan's legalized market, leading to legal complications for residents crossing state lines. The convictions of Jason and Gino Miltroka underscore the importance of understanding and adhering to the legal requirements of any state one enters, particularly regarding firearms and controlled substances.
As more states move towards legalizing cannabis, the need for clear communication and education about the accompanying legal responsibilities becomes increasingly crucial. Visitors to states with legal cannabis must be aware of and comply with all state laws to avoid similar legal issues.
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