The Biden administration once again defends a ban in federal court, arguing that people who use marijuana should be prohibited from purchasing or possessing firearms. They claim that this restriction is supported by historical precedent and that individuals who...
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
You’re too stupid to store a gun properly
Illegal Firearms in Michigan
Illegal Gun Ownership in Michigan: Insights and StatisticsThe issue of illegal gun ownership in Michigan is a complex one, influenced by various factors ranging from criminal activity to loopholes in regulatory measures. Understanding who owns illegal guns is crucial...
Restoring Second Amendment Rights in Michigan
Restoring Your Gun RightsAs 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...
Is a Verbal Agreement Legal?
Is Oral Legal?Verbal agreements, also called oral contracts, can be legal and enforceable in Michigan, but with some limitations. Here's a breakdown: Generally Enforceable: Michigan law recognizes verbal contracts as valid if they meet the standard elements of a...
Squatters and the Law in Michigan
Squatters and YouSquatting, in one definition is the act of occupying a property without legal permission, can be a headache for both property owners and squatters themselves. Sorry to cause you a such a headache squatter. Michigan has specific laws addressing...
Adverse Possession in Michigan – Can Someone Claim Your Property?
Understanding Adverse Possession in MichiganMichigan recognizes adverse possession, a legal doctrine allowing someone to acquire ownership of real property they've occupied for a specific period, even without a formal title.The Statute: MCL 600.5801 The relevant...
More Posts
Illegal Firearms in Michigan
Illegal Gun Ownership in Michigan: Insights and StatisticsThe issue of illegal gun ownership in Michigan is a complex one, influenced by various factors ranging from...
Restoring Second Amendment Rights in Michigan
Restoring Your Gun RightsAs of 4/17/24...There is still a second amendment The Second Amendment of the United States Constitution grants citizens the right to bear...
What is corruption? U.S. Supreme Court will hear arguments
What is corruption? U.S. Supreme Court will hear arguments that could impact bribery cases in IllinoisThe high court is reviewing a law that’s popular among federal...
MSP Flint post commander rigging promotion exams says lawsuit
Ex-Flint Michigan State Police post commander sued by trooper following internal probeThe former commander of the Michigan State Police post in Flint is alleged to have...
Michigan Expungement Law Reaches the 3 Year Mark
April 2024 - Michigan Expungement Law 3 year AnniversaryThree years after the implementation of the “Clean Slate” law, advocates are hailing its significant impact on...
Livonia Fentanyl bust is Michigan’s largest ever
Livonia traffic stop leads to largest fentanyl bust in Michigan history, police say Authorities seize 90 pounds of fentanyl in Livonia MichiganAn undercover customer...
Paid surrogacy no longer a crime in Michigan
Paid surrogacy no longer a crime in Michigan after Whitmer signs MI Family Protection Act into lawFor over 30 years, individuals in Michigan who sought to build a...
Oregon governor signs a bill recriminalizing drug possession
Oregon governor signs a bill recriminalizing drug possession into lawOn April 1, 2024, Oregon Governor Tina Kotek signed House Bill 4002 into law, effectively...
Why Better Made is suing several Michigan marijuana companies
Better Made vs. Cannabis Companies: A Michigan Trademark DisputeSummary Better Made, is embroiled in a legal battle with over a dozen cannabis businesses in the state....
John Sinclair, the inspiration for Ann Arbor’s Hash Bash, dead at 82
John Sinclair, the poet whose imprisonment for marijuana inspired the start of Ann Arbor’s long-running annual Hash Bash in the 1970s, has died. He was 82.Sinclair's...