How We Work to Restore Your Second Amendment Rights

As an American citizen, your Second Amendment rights should be protected—but legal restrictions can limit your ability to own or possess firearms, sometimes unfairly. Many individuals lose their gun rights due to past felony or misdemeanor convictions, even if they have served their sentence and remained law-abiding.

Understanding Michigan firearm restoration laws can be confusing, especially with differences between state and federal regulations, misdemeanor vs. felony convictions, and whether your offense is considered a specified or non-specified felony.

Every case is unique, and your eligibility for gun rights restoration in Michigan depends on your specific legal history.

Restoring Firearm Rights: What To Expect

If you have lost your gun rights due to a felony or misdemeanor, understanding the restoration process is critical. Many assume that their rights will be automatically reinstated after serving their sentence, but Michigan law requires specific legal steps to be taken. Here’s what you need to know about the firearms rights restoration process and how our legal team can help.

Reviewing Your Criminal History and Assessing Case Viability

Before starting the restoration process, a thorough review of your criminal history is necessary to determine eligibility. During your free consultation, our legal team will:

• Analyze past convictions (felony or misdemeanor)
• Determine whether your conviction can be expunged under the Clean Slate Law, or if a court petition is required
• Determine if the offense is a specified or non-specified felony
• Identify restoration at federal, state, or both levels
• Consultation to prepare for the restoration process

Each case is unique, and understanding your specific situation is crucial to determine the best legal path forward.

Preparing Your Path to Restoration: From Misdemeanors to Felonies

Not everyone is eligible for gun rights restoration and your status will determine if we pursue action on a state level, a federal level, or both. For individuals with only a misdemeanor conviction, the process of restoring gun rights is typically more straightforward.  Many misdemeanors are eligible for expungement under Michigan’s Clean Slate Law after a 3-to-5-year waiting period from the completion of sentencing. If your misdemeanor qualifies we will process the filing of your expungement.

Michigan law does not automatically strip firearm rights for most misdemeanor offenses, but certain convictions—such as domestic violence misdemeanors—can result in firearm restrictions under federal law. Even if Michigan restores your firearm rights, federal law (18 U.S.C. § 922(g)) may still prohibit you from possessing a firearm, requiring additional legal steps for federal relief.

A recent client of ours came to us after ATF agents took away his guns due to a domestic violence felony charge from over 20 years ago, which had been expunged from his record. We initiated and filed a declaratory action in federal court to argue that he met the requirements of Michigan’s Clean Slate Law to have that charge expunged, permitting full restoration of federal firearm rights.

Not all convictions are eligible for expungement under Michigan law. The following offenses cannot be expunged and will continue to affect firearm rights:

• All offenses punishable by life imprisonment
• Assault with intent to commit criminal sexual conduct
• Child sexually abusive material or activity offenses
• Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
• Fourth-degree criminal sexual conduct (committed after January 12, 2015)
• Human-trafficking related offenses
• Second-degree child abuse
• Second-degree criminal sexual conduct
• Some traffic offenses such as: convictions for driving while intoxicated, traffic offenses that cause injury or death, and commercial driver’s license violations
• Terrorism-related offenses – includes convictions for attempts to commit any of these offenses
• Third-degree criminal sexual conduct
• Using a computer to commit sex crimes offenses

What If Expungement is NOT an Option?

If your conviction does not qualify for expungement, we would petition to restore your rights at federal, state, or both levels. Restorations are determined by Specified vs. Non-Specified Felony convictions.

Non-Specified Felonies: Non-specified felonies are those that do not involve violence, drugs, or weapons. If convicted, you may regain your gun state rights 3 years after completing your sentence (including parole or probation).

Specified Felonies: A felony is considered specified if it includes one or more of the following elements:

• Any felony in which the offender used, attempted to use, or threatened to use physical force against another person or property.
• Any felony where the individual used, possessed, or indicated possession of a firearm.
• Any felony involving the unlawful manufacture, possession with intent to distribute, or distribution of controlled substances.
• Any felony that includes burglary of an occupied dwelling, breaking and entering of an occupied dwelling, or arson.

How a Specified Felony Affects Firearm Rights in Michigan

• Gun rights are NOT automatically restored after completing a sentence.
• A 5-year waiting period applies after completion of probation, parole, or release from incarceration.
• The person must petition the circuit court to restore firearm rights.
• The court will evaluate factors such as rehabilitation, time since the offense, and public safety risk.

The Final Steps To Firearm Restoration

Our legal team will begin the process to restoring your rights by:

• Filing a formal petition with the court
• Providing proof of rehabilitation and good standing
• Demonstrating that you do not pose a risk to public safety
• Prepare all necessary documents for your petition
• Represent you in court to make the strongest case for restoring your rights

Once the judge approves your petition, your gun rights will be officially restored, allowing you to legally own and possess firearms in Michigan.

We’re Ready to Fight For Your Second Amendment Rights – Let’s Start Now!

Restoring your firearm rights in Michigan is not automatic. Every case is unique, and laws frequently change. A gun rights attorney can assess your eligibility, file the necessary petitions, and ensure compliance with both state and federal laws. Contact The Law Offices of Barton Morris today to discuss your options and take the first step toward regaining your Second Amendment rights.