What are your rights before and after arrest?Generally, police require a search warrant to lawfully enter any private premises or to search electronic devices such as your phone or computer. If the police do not possess a search warrant, you are under no obligation to...
Restoring Second Amendment Rights in Michigan
Restoring Your Gun Rights
As of 4/17/24…There is still a second amendment
The Second Amendment of the United States Constitution grants citizens the right to bear arms, a fundamental aspect of American freedoms.
However, in some cases, just like every other right being slowly chipped away you may lose those rights which I guess would not be rights but “granted rights” by the grace of those in power. Certainly some people don’t deserve the right.
For residents of Michigan seeking to restore their firearms privileges, understanding the process and requirements is essential.
In this article, we’ll delve into the steps one can take to regain their Second Amendment rights in Michigan.
Understanding Michigan Law
Michigan’s laws regarding firearm ownership and possession are outlined in the Michigan Compiled Laws (MCL). Specifically, MCL 28.422 details the criteria for obtaining a Concealed Pistol License (CPL) and outlines the procedures for individuals seeking to restore their firearms rights.
You may want to come back and take a look at the law in more detail as this article does not dive too deep. Your specific situation may not be mentioned here but in the laws.
Causes of Denial
Before delving into the restoration process, it’s crucial to comprehend the common reasons for the denial of firearms rights. Individuals may face denial due to:
- Criminal Convictions: Felony convictions often result in the loss of firearms rights. This includes offenses such as assault, domestic violence, drug-related crimes, and certain types of theft.
- Mental Health: Adjudications: Individuals who have been involuntarily committed to a mental health facility or have been deemed legally incapacitated may face restrictions on firearms ownership.
- Domestic Violence Convictions: Convictions related to domestic violence can lead to the loss of Second Amendment rights, particularly if the offense involves the use or attempted use of physical force.
Steps to Restore Second Amendment Rights
1. Expungement of Convictions
For individuals with criminal convictions, pursuing expungement may be the first step towards restoring their firearms rights. Michigan’s recent expungement laws allow for the sealing of certain criminal records, enabling individuals to regain their firearms privileges under specific circumstances. Refer to MCL 780.621 for more information on the expungement process.
2. Petition for Restoration
Those who have lost their firearms rights due to criminal convictions or mental health adjudications can petition the court for restoration. This involves filing a petition with the circuit court in the county of residence. The court will review the individual’s case, considering factors such as rehabilitation, conduct since the conviction, and any mitigating circumstances. Consult MCL 28.425 for detailed information on the restoration process.
3. Compliance with Federal Requirements
In addition to state laws, individuals seeking to restore their firearms rights must also comply with federal regulations. This may include completing background checks and adhering to any federal restrictions on firearms ownership.
Seeking Legal Counsel
Navigating the process of restoring Second Amendment rights can be complex, especially considering the legal intricacies involved. As such, seeking guidance from a qualified attorney specializing in firearms law is highly recommended.
An attorney can provide invaluable assistance, ensuring that individuals understand their rights and obligations under both state and federal law.
Real Questions from Real Calls
Question: The application from the ATF Form 4473 asks if I use any illegal drugs. I have my medical marijuana card and it’s legal in Michigan right? So can I get a gun?
Answer: Unless you are the president’s son if you answered “No” on the form where it asks if you use illegal drugs you would be lying and your gun rights probably taken away and possibl;y charged with a crime.
Marihuana is still illegal federally and still in the public health code and listed as a controlled substance 1 in Michigan.
As it states on the ATF Form 4473 Part 1
Q: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
Related Articles
What Are Your Rights Before And After Arrest?
A secured and safe vote thanks to new laws in Michigan
Governor Whitmer Signs Historic Election Bills Package to Ensure Every Vote Can be Cast and CountedIn Case You Missed It November 30, 2023 “Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last...
MI Court of Appeals – MRTMA defense denied dismissal
Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...
The “Automobile Exception” in Michigan law
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
The search being challenged was triggered by the odor of cannabis
The case People of Michigan v. Freddie Wilkins III (No. 367209) revolves around a legal challenge regarding the search of a vehicle without a warrant.Police conducted a warrantless search under the "automobile exception."The case People of Michigan v. Freddie Wilkins...
Carrying a Concealed Weapon in Michigan
Carrying a concealed weapon (CCW) in Michigan without proper authorization is a crime.Carrying a concealed weapon (CCW) in Michigan without proper authorization can lead to serious criminal charges. Michigan law has strict regulations regarding firearms, and violating...
More Posts
Domestic Violence Conviction Prohibits Gun Ownership
No Second Amendment Rights For YouIf you are charged with a crime you're part of the State of Michigan family now. Call us - Because you don't want to be a part of that...
Update on Michigan’s Sick Time Act (Small Business Compliance)
Small Business Compliance Accrual Method: Employees accrue 1 hour of paid sick time forevery 30 hours worked, and unused paid sick time rolls over upto 72 hours, or 40...
What Are Your Rights Before And After Arrest?
What are your rights before and after arrest?Generally, police require a search warrant to lawfully enter any private premises or to search electronic devices such as...
Michigan Probationers Allowed Medical Marijuana
Yea. We did that...What it is supposed to beOn February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using...
Public Defenders in Michigan – Qualifications and What They Do
Note: This is what they are supposed to do. Whether they give a damn about you and the outcome is up to the individual attorneyWhat it is supposed to beIn Michigan,...
New Michigan Laws Going Into Effect 2025
Making laws as fast as possible. Look over here...Not over there.Some of Michigan's new laws in 2025 include minimum wage increases, paid sick time, and automatic voter...
Whitmer’s $3B plan to fix Michigan’s roads calls for more taxes
Same Thing - Different DayWhitmer's $3B plan to fix Michigan roads calls for more corporate, marijuana taxes, taxes at the pump and you can just imagine the ones you...
Making terrorist threat or false report of terrorism is free speech?
Making terrorist threat or false report of terrorism is free speech?The US Constitution and Michigan Constitution prohibit the government from making laws that abridge...
Washtenaw Prosecutor will not file any criminal charges on you
Washtenaw County Policy Directive 2025-01POLICY REGARDING QUANTITATIVE DRUG CHECKING Introduction The overdose crisis in America has persisted for decades, resulting in...
Qualifying for a Public Defender in Michigan
In Michigan, individuals charged with a crime have the constitutional right to legal representation.In Michigan, individuals charged with a crime have the...
