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For over 20 years, The Law Offices of Barton Morris has been the leading law firm in Michigan for firearms rights restoration. Our experienced legal team has successfully helped countless clients restore their gun rights, navigating the complex state and federal laws that often make this process challenging. 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.

A Step-by-Step Guide to Restoring Gun 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.

Discovery Call to Review Your Criminal History

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 or if a court petition is required
• Identify restoration at federal, state, or both levels
• Discuss any waiting periods or other legal obstacles

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

Consultation to Discuss Your Case Background

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.  In Michigan, restrictions apply at both state and federal levels, and the eligibility criteria can differ based on:

• Type of conviction (felony vs. misdemeanor)
• Waiting periods (3 to 5 years after sentence completion)
• Expungement eligibility under the Clean Slate Law
• Whether the offense is a specified or non-specified felony
• Your post-conviction standing

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 had initiated and filed a declaratory action in federal court to argue that Michigan’s Clean Slate Law does permit 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

Specified vs. Non-Specified Felonies and Their Impact on Firearm Rights

Even if your offense qualifies for expungement, Michigan law differentiates between specified and non-specified felonies, which affects how and when your firearm rights can be restored.

Non-Specified Felonies: Non-specified felonies are those that do not involve violence, drugs, or weapons. If convicted, you may regain your gun rights 3 years after completing your sentence (including parole or probation). Alternatively, expungement under the Clean Slate Law can remove the conviction from your record, automatically restoring firearm rights at the state level. But, even if Michigan restores your rights after 3 years or through expungement, you must also have your rights restored at the federal level to legally own a firearm nationwide.

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.

If Expungement is NOT an Option

If expungement is not an option, the final step is to petition the court for firearm rights restoration. This process requires:

• 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
• Attending a restoration hearing where a judge will review your case

Our legal team will:

• Prepare all necessary documents for your petition
• Represent you in court to make the strongest case for restoring your rights
• Ensure compliance with state and federal laws

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

Why Legal Guidance Matters

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.