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Restoration of Your Firearms Rights in Michigan After Felony Conviction

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Our firm gets contacted several times a week about people with a felony convictions. 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 § 750.224for read it below.

Related stuff

MIchigan Links

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

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The post Restoration of Your Firearms Rights in Michigan After Felony Conviction appeared first on Komorn Law.

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