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
Police found my friend’s drugs in my car-What do I do?
When you're pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That's up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The...
The Right to a Jury Trial
When facing criminal charges you have the right to have a trial by jury. The justice system will offer you the right to a jury trial. It's just a matter if you can afford that right. A jury trial with an attorney that is not a public defender can be costly. If you...
Can Police Lie To You?
Police are allowed to lie to you. One might believe that if you ask an undercover cop if they are a police officer they have to tell you. That’s not true. Police can and will lie to you. It's legal for cops to lie The Police may legally lie, bluff, mislead and...
Client testimonies about their experience with the legal system
Komorn Law clients speak about their experience with the legal system Several of Komorn Law client's as well as other individuals have chosen to speak about their encounter with law enforcement, the legal system and how it has affected their lives, families and...
MICHIGAN MEDICAL MARIHUANA ACT – Section 4 Defense
Marijuana Criminal Defense Client with medical marijuana card was charged with marijuana possession. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and...
Michigan Methamphetamine Defense
Bill Schuette, the current Michigan Attorney General, is waging war against Meth users, dealers and labs. Innocent people get swept up with meth crimes when police run field tests on any powdery substances, frequently returning false positive results. Komorn...
Foster Care Agencies Allegedly Discriminated Against Poor, Medical Marijuana Patients
Two families -- including one mom who alleges Child Protective Services took her suckling baby from her breast -- are suing the state, alleging discrimination because they are medical marijuana users and poor. In the lawsuit, attorney Michael KOMORN alleges the...
MMMA-Profile-Michael-Komorn
Here are some links to articles posted by Attorney Michael Komorn US Government Collecting and Using Citizen Communications NATIONAL TOXICOLOGY PROGRAM Technical Report Series No. 446 (1996) Oral cannabis extracts as a promising treatment for the core...
Komorn Law – Victory in Genesee County
Komorn Law PLLC is proud to report a ruling today from the Genesee County Circuit Court. This case involved my client's property and all kinds of salacious allegations of really bad behavior by this property, and I mean bad stuff, like stuff you could never...
Komorn Law AVVO Ratings
KOMORN LAW AVVO - RATINGS Read Client AVVO Reviews
