Second Amendment Restrictions and Restoration in Michigan

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

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

Seattle settles case involving – the rights of nature

Seattle settles case involving – the rights of nature

The Rights of NatureSeattle settled a lawsuit brought by the Sauk-Suiattle Tribe on behalf of salmon harmed by dams on the Skagit River. This is one of the first "rights of nature" cases in the US, and the tribe argued that the lack of fish passage measures violated...

read more
NY judge fines unlicensed cannabis shops $15 million

NY judge fines unlicensed cannabis shops $15 million

It's their corner now“This punishment should serve as a clear warning for all unlicensed cannabis stores in the state: we will enforce the law and shut down your operations,” state Attorney General Letitia James saidThe owner of seven unlicensed cannabis shops in New...

read more
When Cannabis Businesses Are No Longer Subject to IRS 280E

When Cannabis Businesses Are No Longer Subject to IRS 280E

IRS 280E and Cannabis BusinessesWhat is IRS Section 280E? Section 280E of the Internal Revenue Code restricts businesses from deducting typical business expenses from their gross income related to the distribution of Schedule I or II substances per the Controlled...

read more
Vehicle Forfeiture in Canada – The Process of Taking

Vehicle Forfeiture in Canada – The Process of Taking

Thank You... and have a nice day eh!Disclaimer: We are not Attorneys in Canada.  This is an article of information obtained from various sources and presented here. We can only assume they are accurate.  If you ever find a reason to go to Canada and need a lawyer...we...

read more
Alcohol, Drugs, Kayaking – It could be a problem

Alcohol, Drugs, Kayaking – It could be a problem

Can I drink alcohol and smoke cannabis if I'm canoeing or kayaking or tubing or paddleboarding or just floating around?While Michigan law doesn't explicitly forbid consuming alcohol on non-motorized vessels like canoes or kayaks, it's strongly discouraged for safety...

read more
Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This