Restoring Your Firearm Rights After Being Convicted of a Felony
by
Jared Austin on Jun. 04, 2013
Criminal Civil & Human Rights Civil Rights Civil & Human Rights Constitutional Law
Summary: Detailing how you can retain your right to use and possess a firearm after being convicted of a felony. Discusses the waiting periods and procedures.
If
you have been convicted of a felony in Michigan, you automatically lose your
right to possess, use, transport, sell, purchase, carry, ship, receive, or
distribute a firearm under MCL 750.224f. You can get that right back if certain
conditions are met. How long you have to wait and the procedure for getting
this right restored depends on the type of felony you were convicted of.
Specified
vs Non-Specified Felonies
A
felony means a violation or attempted violation of: any Michigan law, the law
of another state, or any United States law that is punishable by at least four
years imprisonment. For purpose of this statute there are two types of
felonies: specified and non-specified.
Specified
Felony
A specified felony means a felony in which one
or more of the following exist:
·
an element of the felony is 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.
·
an element of the felony is the unlawful manufacture,
possession, importation, exportation, distribution, or dispensing of a
controlled substance
·
an element of the felony is the unlawful possession or
distribution of a firearm
·
an element of the felony if the unlawful use of an
explosive
·
the felony is burglary of an occupied dwelling, or
breaking and entering an occupied dwelling, or arson
Non-specified
Felony
A
non-specified felony is any other felony that is not a specified felony.
Firearm
Restoration After a Non-specified Felony
If
you have been convicted of a non-specified felony your right to possess a
firearm will automatically be re-instated three years after the following
conditions are met:
1) all fines
imposed for the violation have been paid
2) all terms of
imprisonment, if any, have been served
3) probation or
parole for the offense has been successfully completed
The
three-year clock starts ticking once the final condition of your sentence has
been met.
Firearm
Restoration After a Specified Felony
If
you have been convicted of a specified felony, your rights will be restored
when the concealed weapons licensing
board in the county you reside grants your application for firearm rights
restoration AND at least five years have passed since the following conditions
were met:
1) all fines
imposed for the violation have been paid
2) all terms of
imprisonment, if any, have been served
3) probation or
parole for the offense has been successfully completed
Applying
to the Concealed Weapons Licensing Board
For
specified felonies you must apply to
have your firearm rights re-instated to the concealed weapons licensing board
no earlier than five years after the final condition of your sentence has been
met. No more than one application per calender year can be submitted.
For
the board to grant your application, you must convince them by clear and
convincing evidence of all of the following:
1) you properly
submitted your application for restoration
2) you
successfully completed all terms of your sentence and at least five years has
passed since the last condition of your sentence was met
3) your record and
reputation are such that you are not likely to act in a manner that is
dangerous to the safety of others
If
the licensing board denies your application, you may appeal its decision to the
circuit court for review of that
decision.
