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  1. #1
    Join Date
    Jul 2007
    Posts
    1

    Default Regaining Gun Rights

    I have a felony on my record that is about 15 years old and a domestic violence that is about 9 years old i am looking to attempt to regain my gun rights and this sometimes hinders me in the job field is there anything i can do to get them sealed or not held against me anymore.I live in Michigan.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Regaining Gun Rights

    The Michigan Prosecutor's Coordinating Counsel writes,
    Quote Quoting Possession of Firearms After a Felony Conviction
    Under Michigan law a felony conviction will indeed disable a citizen from possessing firearms, but only if it carries a maximum penalty of 4 years or more, and there are actually a number of 2 year felonies such as Criminal Sexual Conduct – 4th Degree, Domestic Violence – 3rd, Negligent Homicide, Resisting and Obstructing, Fleeing and Eluding – 4th Degree, Joyriding, etc. Federal law, however, extends the same disability to 2-year felonies. Whether these disabilities are permanent currently depends on whether such convictions are set aside.

    Michigan law does provide for the restoration of rights to possess firearms following felony convictions. For some felonies, primarily property crimes, restoration is automatic upon the expiration of 3 years following the completion of all sentencing terms, which includes all probation or parole. For other felonies, primarily assaultive crimes and those involving controlled substances, weapons and home invasions, restoration is unavailable until 5 years post-sentence and can only be accomplished by application to the county concealed weapons licensing board, or gun board for short.

    Restorations pursuant to Michigan law are misleading, however, because they do not satisfy federal law.

    Federal law prohibits convicted felons from possessing firearms unless they've had their convictions set aside OR had their civil rights fully restored, AND are not subject to any state firearms restrictions.

    * * *

    So, the bottom line is that while either the setting aside of your felony conviction or the restoration of your right to possess firearms will bring you into compliance with Michigan law, only a set aside will enable you to possess firearms under federal law. Still unresolved is the status of persons who were eligible for or in fact received a restoration prior to the recent changes in Michigan law.
    You cannot obtain an expungement in Michigan if you have more than one criminal conviction. If you received a deferment on the domestic violence charge, you may be eligible on the felony.

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