Michigan cherishes the Second Amendment, but it’s important to remember that this right isn’t absolute. Certain actions or circumstances can lead to its temporary or permanent loss. Understanding these situations and potential avenues for restoration is crucial for responsible gun ownership.
Losing Your Second Amendment Rights in Michigan:
- Felony Convictions: Committing a felony automatically disarms you under both state and federal law (MCL 750.223c). The types of felonies affecting gun rights vary, encompassing violent crimes, drug offenses, and even some white-collar misdeeds.
- Domestic Violence Convictions: A misdemeanor domestic violence conviction can strip you of your gun rights for three years (MCL 750.223c(1)(c)). While a first-time misdemeanor offense with deferred sentencing might not result in a conviction, it still triggers a gun rights suspension.
- Mental Health Adjudications: Being involuntarily committed for mental illness or deemed a danger to yourself or others can also lead to temporary gun rights loss (MCL 330.1463). This typically involves legal proceedings and evaluations by qualified professionals.
- Protective Orders: A judge issuing a personal protection order (PPO) against you due to domestic violence or stalking can also temporarily suspend your gun rights (MCL 600.8455).
Restoring Your Second Amendment Rights:
- Felony Conviction Restoration: While federal law offers limited restoration options, Michigan allows individuals to petition the court for gun rights restoration five years after completing sentences for most felonies (MCL 750.223c(5)). The court considers various factors like rehabilitation and public safety concerns before making a decision.
- Domestic Violence Restoration: Restoration after a domestic violence conviction requires waiting three years and demonstrating the absence of further domestic violence incidents (MCL 750.223c(1)(c)). Additionally, completing anger management or domestic violence treatment programs may strengthen your case.
- Mental Health Adjudication Restoration: Once the underlying mental health concerns are addressed and deemed no longer a risk, individuals can petition the court to reinstate their gun rights (MCL 330.1463). This typically involves providing medical documentation and expert evaluations.
- Protective Order Restoration: If the PPO against you expires or is lifted by the court, your gun rights are automatically restored. However, violating a PPO can have serious legal consequences, including additional gun rights restrictions.
This post provides a general overview and isn’t a substitute for legal advice.
If you face gun rights restriction or seek restoration, consulting with a qualified attorney familiar with Michigan gun laws is highly recommended.
By understanding the potential limitations and restoration processes, responsible gun owners in Michigan can safeguard their Second Amendment rights and exercise them safely and lawfully.
Restore Your Rights
Driver License
Gun License
Professional License
Record Expungement
Call Our Office for a Free Case Evaluation
More Posts
Trulieve seeks $143M federal refund for 280E taxes
Would enforcing payment and accepting money from a federally illegal business cause you to be caught up in RICO, CCE and conspiracy charges that would put you away for decades? For you yes - For the government a big NO.Multistate marijuana company Trulieve Cannabis...
Feds Clarify Doctor Prescribed Medical Cannabis Is No Excuse
The revised federal workplace drug testing guidelines, issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), Department of Health and Human Services (HHS), are intended to provide clarity. These guidelines emphasize that individuals who use...
Stop and Frisk – Terry v. Ohio
Terry v. Ohio (1968)Background On October 31, 1963 while conducting his regular patrol in downtown Cleveland, seasoned Cleveland Police detective Martin McFadden, who brought 39 years of law enforcement experience to the job, observed three men behaving suspiciously...
Can I have open alcohol in a trailer that is being pulled on the road?
Question: Can I have open alcohol in a trailer or camper that is being pulled on the road? Answer: In most instances transporting or possession of open intoxicants in a vehicle is not permitted. MCL 257.624a states in part, "a person who is an operator or occupant...
How Much Does it Cost for an Expungement in Michigan?
Ask yourself - How much is your record costing you not to have it expunged.When you have been convicted of a crime in Michigan, you are likely aware of the negative impact it can have on your life, even after you have knelt in submission, paid the fines, served your...
Pending Charges?
Pending Charges. Don't wait. Get ahead of their game. If you have been arrested but not charged yet. Don't wait while they build evidence and take your statements to use against you! They may just be building a case against you and letting you get more comfortable...
Conspiracy is a Crime
In Michigan, conspiracy is a crime that is defined as "the agreement between two or more persons to commit any crime." The crime of conspiracy could be considered complete even if the actual crime is never committed. Conspiracy is a felony in Michigan, and the...
US Cannabis Industry-Just Another Sinking Ship?
Is the cannabis industry just another sinking ship in the US? This story was picked up out in the cannabis news world. Read it for yourself. Have the end times have begun for US weed companies as the first South American imports are approved by the DEA. The US Federal...
Charged with DUI from Cannabis and this Ends up on the Report
So you got pulled over and charged with DUI from Cannabis use and this ends up on the report 11-Nor-9-carboxy-Δ9-tetrahydrocannabinol (11-COOH-THC or THC-COOH) as part of the test results. What is it?? Here's what they say...
The Marijuana Industry Paid an Extra $1.8 Billion in Federal Taxes Because of the 280E Tax Code
News from the internet Why legalize cannabis when 280E is the gift that keeps on giving to the Federal government? Whitney Economics, a cannabis research firm, recently conducted a comprehensive analysis of the impact of federal taxes on the cannabis industry. The...
