If you are facing a felony firearm charge in the state of Michigan, your Second Amendment right to bear arms could also be facing severe restrictions. Unlike many states that prohibit convicted felons from owning firearms for life, Michigan allows felons to regain their right to bear arms if certain conditions are met. Whether you are facing a felony firearm charge, or are a convicted felon, The Law Offices of Barton Morris can help. Keep reading to learn more about felony firearm charges in Michigan, or schedule a free consultation today!
A Felon’s Gun Ownership Restrictions
The Michigan Penal Code section 750.224(f) explains the different restrictions gun owners face if they are convicted of a felony firearms charge. In the state of Michigan if you were convicted of a felony on any of the following:
- The use, or attempted use, or threatened physical force against another person or property
- Unlawful manufacture, possession, or distribution of a controlled substance
- Unlawful possession or distribution of a firearm
- Unlawful use of an explosive
- Arson, burglary, or breaking and entering
You are unable to own, use, transport, sell, or purchase a firearm or ammunition within the state of Michigan for five years after completing the following steps:
- Paid all fines
- Served your imprisonment terms
- Completed parole or probation
- A Michigan court has reinstated your Second Amendment rights under section 4 of 1927 PA 372, MCL 28.424
However, if you were convicted of any other type of felony or crime in which you were sentenced to four years or more in prison, you can’t own, use, transport, sell, or purchase a firearm or ammunition within the state of Michigan for three years after completing the following criteria:
- Paid all fines
- Served prison sentence
- Completed all parole and/or probation requirements
If you violate these restrictions and regulations, you may be facing another felony charge punishable by up to five years in prison with fines up to $5,00. Each violation of Michigan law is punishable as a separate offense. For example, if you participate in firearm deer season twice within your sentence, you could be punished with up to ten years in jail and $10,000 in fines.
Reinstatement Of Firearms Rights in Michigan
When seeking the reinstatement of your firearm rights after a felony firearm conviction, an application to the superior court is required presenting your evidence of the following:
- It has been five years since completing all requirements of your sentence.
- You are not a danger to the public if you regain your firearm rights
- The application was properly filled out in its entirety.
If your application is rejected by a Michigan judge, you must wait a full year before submitting a new application. At The Law Offices of Barton Morris, we have 20 years of experience in helping individuals, just like you, with their felony firearm defense and necessary applications to regain their Second Amendment rights. Contact us today to begin your defense or application.
Federal Firearms Rights
No matter if your firearm rights are restored through the state of Michigan if you are a convicted felon you are not able to legally own or possess firearms legally under federal law. Federal law enforcement, including border patrol, the DEA, or even national park rangers, can arrest you and you can be charged with a federal firearms possession charge.
Consult A Felony Defense Lawyer
A felony firearms charge can be difficult to understand and harder to navigate through the court system. Finding the right felony firearm defense attorney is a step in the right direction when facing charges.
The Law Offices of Barton Morris can help with your felony firearm defense. If you have a felony firearm conviction and are looking for help with your firearm rights reinstatement process, our highly skilled team can assist you in your application. Call us today for a free consultation!