Our firm gets contacted several times a week about people with a felony convictions looking to restore their right to own a firearm. So how does one restore their firearms rights in Michigan after a felony conviction? Some rights are restored automatically and some require a judge’s blessing. You should do your research before hand and probably the wisest move would be to consult a lawyer.
Current Law
Current Michigan law (mcl-750-224f) states if you have been convicted of a felony you may not use, possess transport, sell or carry a firearm for either three or five years.
3 Years
- Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:
(a) The person has paid all fines imposed for the violation.
(b) The person has served all terms of imprisonment imposed for the violation.
(c) The person has successfully completed all conditions of probation or parole imposed for the violation.
5 Years
(2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:
(a) The expiration of 5 years after all of the following circumstances exist:
(i) The person has paid all fines imposed for the violation.
(ii) The person has served all terms of imprisonment imposed for the violation.
(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.
(b) The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored under section 4 of 1927 PA 372, MCL 28.424.
Automatic or by Judge’s OK
Depending on the situation limited firearms rights under Michigan law will be restored to you automatically, or you will be required to seek to restore such rights by petitioning a judge.
It is important for you to understand that any restoration granted applies only to your eligibility under Michigan law.
It is recommended that you consult an attorney before taking any action or trying to regain your rights to possess or own a firearm. Call our office Komorn Law 248-357-2550 for a free evaluation or visit our website KomornLaw.com
State vs Federal
It’s not over yet. Although in Michigan you may lawfully use, possess, transport and sell a firearm, you may still be prohibited from same under Federal law.
This means that:
After restoration of your rights, the only firearms you can possess or use are certain types of firearms that do not take a modern cartridge, i.e., a pellet rifle, muzzle-loader, or black powder gun.
The detailed felon in possession statute can be found at Michigan Compiled Laws § 750.224f or read it below.
Related stuff
- FBI – Michigan Crime Stats
- ATF – Marijuana and Guns
- Restoration of Firearms Rights
- Federal Firearms FAQ
- Biden Executive Orders on guns (Google Search) (current 4/26/21)
MIchigan Links
- Firearms Forms
- Firearms Laws of Michigan Index (2018) An index created for the Firearms Laws of Michigan compilation.
- Firearms Laws of Michigan A publication prepared by the Legislative Service Bureau pursuant to Act 381 of 2000, which requires the Bureau to “compile the firearms laws of this state, including laws that apply to carrying a concealed pistol…” MCL 28.425a(9). The firearms laws compiled herein are reprinted from the text of the Michigan Compiled Laws, supplemented through Act 130 of the 2015 Regular Session of the Michigan Legislature.
- Federal Firearms LawsA summary of federal firearms laws.
- Public Notice of Intent to Dispose of FirearmsPer Public Act 381 of 2000
- MSP – Firearms – CPL Info
The Law
MCL Section 750.224f
750.224f Possession of firearm or distribution of ammunition by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; definitions.
Sec. 224f.
(1) Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:
(a) The person has paid all fines imposed for the violation.
(b) The person has served all terms of imprisonment imposed for the violation.
(c) The person has successfully completed all conditions of probation or parole imposed for the violation.
(2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:
(a) The expiration of 5 years after all of the following circumstances exist:
(i) The person has paid all fines imposed for the violation.
(ii) The person has served all terms of imprisonment imposed for the violation.
(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.
(b) The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored under section 4 of 1927 PA 372, MCL 28.424.
(3) Except as provided in subsection (4), a person convicted of a felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until the expiration of 3 years after all of the following circumstances exist:
(a) The person has paid all fines imposed for the violation.
(b) The person has served all terms of imprisonment imposed for the violation.
(c) The person has successfully completed all conditions of probation or parole imposed for the violation.
(4) A person convicted of a specified felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until all of the following circumstances exist:
(a) The expiration of 5 years after all of the following circumstances exist:
(i) The person has paid all fines imposed for the violation.
(ii) The person has served all terms of imprisonment imposed for the violation.
(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.
(b) The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute ammunition has been restored under section 4 of 1927 PA 372, MCL 28.424.
(5) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(6) A person who possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(7) Any single criminal transaction where a person possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section, regardless of the amount of ammunition involved, constitutes 1 offense.
(8) This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm or ammunition.
(9) As used in this section:
(a) “Ammunition” means any projectile that, in its current state, may be expelled from a firearm by an explosive.
(b) “Felony” means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more, or an attempt to violate such a law.
(10) As used in subsections (2) and (4), “specified felony” means a felony in which 1 or more of the following circumstances exist:
(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.
(b) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
(c) An element of that felony is the unlawful possession or distribution of a firearm.
(d) An element of that felony is the unlawful use of an explosive.
(e) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.
History: Add. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;– Am. 2014, Act 4, Eff. May 12, 2014
© 2020 Legislative Council, State of Michigan
Source: http://legislature.mi.gov/doc.aspx?mcl-750-224f
Disclaimer: Content provided on this website is for informational purposes only. Content could range from a fact, scientific data, opinion or information from another website. The content could be from 3rd party providers and are not deemed fact or true because nothing much is these days on the internet. So do your research, look up the current laws and consult an attorney.
CRIMINAL RECORD EXPUNGEMENT
FEEL LIKE YOU QUALIFY ?
Contact Our Office For A Case Evaluation
Komorn Law Social Media
Recent Posts
- Feeling Bullied? Here’s Michigan’s Anti Bullying Laws.
- Former 3M scientist who made unsettling PFAS discovery says bosses deceived her
- Drones – What Drones?
- Cash For Kids Judge Pardoned (The Kickback Club)
- Law and Crime News NOT in the Headlines (Update 12-10-24)
- How Much Does It Cost To Hire a Criminal Defense Attorney?
Tag Cloud
2021 BMMR cannabis CBD corruption. prosecutors dispensary Driving DUI forfeiture gun rights hemp komornlaw lara law enforcement abuse laws Legalization marijuana Medical Marijuana Michigan michigan laws michigan news MMFLA MRA news police politics science usa news us supreme court Your Rights
DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
