People of Michigan v. Nasser Maher Abdel-Salem
334395
| Mich. Ct. App. | Jan 9, 2018Background
- Early morning police responded to defendant Nasser Abdel‑Salem’s Detroit home on a report of a person with a weapon and shouting.
- Officer Jackson saw defendant standing on the berm, fidgeting with his right ankle; a handgun fell from defendant’s pant leg to the ground.
- The handgun was legally owned by defendant, who admitted he did not have a concealed pistol license.
- Defendant testified the gun had been carried openly in his waistband but was dislodged and momentarily obscured when a woman threw an “air ratchet.”
- Defendant was convicted after a bench trial of carrying a concealed weapon (MCL 750.227) and sentenced to three days’ jail (credit for time served) and fees/costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved the gun was "concealed" under MCL 750.227(2) | The prosecution argued Officer Jackson did not see the gun by ordinary observation and it fell from defendant’s pant leg, supporting concealment | Abdel‑Salem argued the gun was being carried openly in his waistband and only became momentarily obscured when struck by an object | Court held evidence was sufficient: a rational trier of fact could find the gun was not discernible to an ordinary casual observer (concealed) |
| Whether defendant’s claim that the gun was dislodged by a thrown object negates intent required for CCW | Prosecution relied on general‑intent nature of CCW and defendant’s admission of knowingly carrying the gun | Defendant argued concealment was caused by the woman and was only momentary, negating culpable intent | Court held CCW is a general‑intent crime; only knowing possession is required, so the argument does not negate the conviction |
Key Cases Cited
- People v Hernandez‑Garcia, 266 Mich App 416 (2005) (defines concealment: not discernible by ordinary observation; absolute invisibility not required)
- People v Hernandez‑Garcia, 477 Mich 1039 (2007) (Supreme Court affirmed the Court of Appeals’ legal statement on concealment)
- People v Combs, 160 Mich App 666 (1987) (holding carrying a concealed weapon is a general‑intent crime)
- People v Tombs, 472 Mich 446 (2005) (discussing the knowing possession element of CCW)
- People v Kanaan, 278 Mich App 594 (2008) (standard for reviewing sufficiency of evidence in bench trials)