Michigan Gun Right Restoration Attorneys
Michigan Firearm Right Restoration Lawyers
One question we are often asked is, "How do I get my gun rights back?" The answer to this question is quite complex and depends on each person’s individual situation. As always, it is best to consult with a skilled firearms lawyer before doing anything related to your gun rights. Our staff includes a NRA referral attorney.
What are my firearm rights in Michigan?
Michigan law defines a "firearm" as:
any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB's not exceeding .177 caliber by means of spring, gas or air.
In general, Michigan residents are allowed to possess, use, transport, sell, purchase, carry, ship, receive, or distribute firearms in Michigan. However, those gun rights are taken away in a variety of situations, most notably when a person is convicted of a felony.
Michigan felon in possession
A person temporarily loses their firearm rights when they are convicted of a felony. A person need not be found guilty by a judge or jury at a trial to be considered "convicted" of this type of felony; accepting a plea deal that includes a felony is considered convicted, as well. It is important that a felon’s firearm rights be restored before they do anything dealing with any firearm. Otherwise, they could be charged with "felon in possession."
When a person convicted of a felony possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm during the time period when they do not have firearm rights, that is the crime of felon in possession. Felon in possession is a felony punishable by imprisonment for up to 5 years, a fine of up to $5,000, or both. Additionally, a felon in possession conviction can lead to a probation or parole violation if the person is still on probation or parole for the underlying felony.
Restoration of gun rights after a felony
The process for the restoration of gun rights in Michigan depends upon the type of felony crime involved:
Felony convictions
For the purposes of losing Michigan gun rights, the law defines "felony" as a violation of state or federal law that is punishable by imprisonment for four years or more, or an attempt to violate such a law. Felony convictions with lesser maximum periods of imprisonment do not cause the loss of gun rights under this Michigan law.
In Michigan, it is considered felon in possession for a person convicted of a felony to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm until 3 years after all of the following circumstances exist:
1. the person has paid all fines imposed for the violation, and
2. the person has served all terms of imprisonment imposed for the violation, and
3. the person has successfully completed all conditions of probation or parole imposed for the violation.
Once 3 years pass after these requirements are met, the felon can once again possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm if he or she does so in a manner otherwise allowable by law.
Specified felony convictions
Michigan gun law defines "specified felony" as a violation of state or federal law punishable by imprisonment for four years or more, or an attempt to violate such a law, if the felony involved one or more of the following circumstances:
a. an element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or
b. an element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a
controlled substance; or
c. an element of that felony is the unlawful possession or distribution of a
firearm; or
d. an element of that felony is the unlawful use of an explosive; or
e. the felony is
burglary of an occupied dwelling, or
breaking and entering an occupied dwelling, or arson.
It is considered felon in possession in Michigan for a person convicted of a specified felony to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm until 5 years after all of the following circumstances exist:
1. the person has paid all fines imposed for the violation, and
2. the person has served all terms of imprisonment imposed for the violation, and
3. the person has successfully completed all conditions of probation or parole imposed for the violation.
Once 5 years pass after these requirements are met, the felon must then apply with their county’s concealed weapons licensing board for their gun rights to be restored. This application will likely include the payment of a fee. The board reviews the person’s record and reputation to determine, by clear and convincing evidence, whether the felon is likely to act in a manner that is dangerous to the safety of others. If the board decides that everything looks good and the felon is not likely to be a danger to society, the board then officially restores the felon’s gun rights so that the felon can legally possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in a manner otherwise allowable by law. If the board refuses to restore the felon’s firearm rights, the felon may petition the county Circuit Court for a review of the board’s decision.
Federal law
One unfortunate situation occurs when a person receives their firearm rights back under Michigan law, but does not receive them back under federal law. The federal gun laws apply to any firearm scenario that in any way involves interstate commerce. Most judges rule that interstate commerce is involved in firearms cases, and thus the stricter federal firearm laws usually apply. It is best to consult with an attorney who is knowledgeable in both Michigan and federal firearm laws. At Kronzek & Cronkright, our attorneys are comfortable with both state and federal gun laws and are licensed to practice law in both Michigan and federal courts.
Hiring an attorney to restore gun rights
Winning your rights back when the county concealed weapons licensing board is involved is not an easy task. By law, people like the sheriff, the state police, and county prosecutor are members of the board, and they are not usually keen on granting firearm rights to someone who was convicted of a felony. Having an attorney can show how serious you are about getting your firearm rights back, whether it be for hunting, recreational use, or protection. A skilled attorney knows how to argue to the concealed weapons licensing board that there is clear and convincing evidence that the felon’s record and reputation show that he or she is not likely to act in a manner that is dangerous to the safety of other people. An attorney can also take the case to the Circuit Court to continue arguing for the rights of the client if necessary.
Contact a gun right restoration lawyer today at 1 (800) 576-6035.
