By Jeffrey M. Thomas – August 20, 2019
A person convicted of a Felony in Michigan may not use a firearm, or possess, transport, sell, or carry one for three years to five years, depending on the Felony for which he/she is convicted. Freeman & Thomas Law (248) 987-4886 can help you restore your firearm rights and avoid the worry of a federal felony charge!
Depending on the class of the felony, a person’s Michigan firearm rights (NOT to be confused with FEDERAL firearm rights) are either restored automatically or will need to be restored via petition to the circuit court in the county in which the individual resides at the time that he/she seeks to regain these rights.
SPECIFIED FELONY v. NON-SPECIFIED FELONY – What does all this stuff mean anyway??
MCL 750.224f describes all the particulars.
NON-SPECIFIED FELONY
If you are convicted of a felony for which the maximum term of years in prison is LESS than THREE YEARS, and upon the expiration of THREE years AFTER satisfying the following conditions, your rights are automatically restored and no petition to the court is necessary.
Again, if convicted of a NON-SPECIFIED Felony, PLUS waiting three years from completion of ALL of the above, your firearm rights are restored automatically.
HOWEVER—
SPECIFIED FELONY
If you are convicted for a felony which has a maximum sentence of four or more years in prison it is considered a “Specified Felony” under the Firearms chapter of the MCL. A “Specified Felony” is a felony conviction for Burglary of an occupied dwelling, B&E of an occupied dwelling, arson, or any felony which contains any ONE OR MORE of the following elements:
(1) The felony involves 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;
(2) The felony involves the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance, and
(3) The felony involves the unlawful possession or distribution of a firearm or firearm.
In the case of a SPECIFIED FELONY conviction your firearm rights are not automatically restored, and you will need to file a petition to the Circuit Court in the county in which you reside. The judge at the Circuit Court will determine if all of the requirements for a NON-SPECIFIED felony have been met (Served term, completed probation, paid all fines), but must ALSO make a determination as to your reputation and record being such that you will not be a danger to the safety of the community. Once you have met your burden of proof (by a Clear and Convincing standard) your rights will be restored by the judge.
Again, remember that none of this applies to FEDERAL gun rights. You can only restore your Michigan Firearm Rights. Let Freeman & Thomas Law help you today! Call Now (248) 987-4886