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 an NRA referral attorney.

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.

The first step: Did I lose my gun rights?
The most common way a person can lose their gun rights under Michigan law is when they are convicted of a Michigan felony that carries a maximum punishment of 4 years or more. A person need not be found guilty by a judge or jury at a trial to be considered “convicted”; accepting a plea deal that includes a felony with a maximum punishment of 4 years or more causes a loss of gun rights under Michigan law, as well. Also, the determining factor is the maximum punishment the felon could have received, not the amount of time that the felon actually spent incarcerated.

The second step: I did lose my gun rights under Michigan law. When can I get them back?
Felons with certain felony convictions must wait until 3 years after all of the following circumstances exist before gun rights have been restored:

1. they have served all terms of imprisonment imposed for the violation, and
2. they have paid all fines imposed for the violation, and
3. they successfully completed all conditions of probation or parole imposed for the violation.

Felons with other felony convictions, referred to as “specified felonies,” must wait until 5 years after:

1. they have served all terms of imprisonment imposed for the violation, and
2. they have paid all fines imposed for the violation, and
3. they successfully completed all conditions of probation or parole imposed for the violation.

However, the passage of time is not enough for people with specified felony convictions. Those felons must also have their gun rights restored by the local county weapons licensing board. Each county has its own weapons licensing board. 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 the felon is not likely to be a danger to society, the board then officially restores the felon’s gun rights under Michigan 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. It is best to be represented by an attorney at county weapons board hearings, because it shows the board members just how serious a person is about getting their gun rights restored. A person who lost their gun rights should consult with a gun rights lawyer to determine whether their felony conviction is considered a “specified” felony.

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.

The third step: Federal law
When a person loses their firearm rights under state law, they also likely lose them under federal law. The process described above is for gun rights restoration under Michigan law. Unfortunately, restoration of gun rights under federal law is much less likely. Essentially, the person must get an expungement or a pardon of the felony before their gun rights are restored under federal law. If a person’s firearm rights are not restored under federal law, they could be prosecuted by federal prosecutors for federal felon in possession charges if they possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition. Therefore, if a person wants their firearm rights fully restored without the threat of federal prosecution, it is not enough to have them restored under only Michigan law. Consult a skilled attorney to learn about your options for federal firearms rights restoration.

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 is 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.

If you are interested in getting a restoration of your gun rights:
At Kronzek & Cronkright, before we take a firearm restoration case, we must determine if the person is even eligible to have their rights restored. If you are interested in having us determine your eligibility for restoration, please download the gun rights restoration information form, fill out the form completely, obtain a money order for $90.00 made payable to Kronzek & Cronkright, PLLC or send in $90.00 cash (sent at your own risk), and mail the form and payment to:

Contact a gun right restoration lawyer today at 1-800-576-6035.