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Restoration of Gun Rights

Upon conviction of a felony, a person loses their rights to possess a firearm, both under Michigan and federal law. Although no such opportunity exists in federal law, it is possible for an individual to have their state gun rights restored.

Failure to have state gun rights restored can result in those with felony convictions being charged with a 5 year felony, for doing nothing wrong other than being a felon in possession of a firearm.

Pursuant to MCL 750.224f, there are two ways for an individual to have his or her state gun rights restored, depending on whether the charge in question is a "specified felony" as defined in MCL 750.224f(10).

Most Felonies and Restoration of Gun Rights

For most felonies, state gun rights are restored automatically following the expiration of 3 years after all of the following:

  • paid all fines
  • served all terms of imprisonment
  • successfully completed all terms of probation or parole imposed for the violation.

Specific Felonies and Restoration of Gun Rights

However, for specified felonies, state gun rights are not restored automatically. Rather, it can only occur following the expiration of 5 years after all of the following:

  • paid all fines
  • served all terms of imprisonment
  • successfully completed all terms of probation or parole imposed for the violation
  • petition the circuit court for an order granting the restoration of state gun rights.

To determine what you need to do to have your state gun rights restored, contact our Kalamazoo criminal defense attorneys for a free consultation.

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