Firearm Rights Restoration in Michigan
We will fight to get your gun rights back after a felony conviction
The right to keep and bear arms is protected by both the Michigan Constitution and the U.S. Constitution, but that right comes with responsibilities. One consequence of a felony conviction is that you could lose your gun rights; depending on the type of conviction, it can take a long time to get them back. That’s one of the reasons you need an experienced attorney to defend all of your rights in court.
That’s why you need the legal team at Manley & Manley. We have extensive experience representing gun owners in Michigan courts, and we know how to build a legal strategy to protect your gun rights as much as possible. If you’re facing a felony conviction and loss of firearm rights or need help restoring your gun rights, give us a call or contact us online today.
After a conviction, how long do you lose your right to own a gun?
In Michigan, any felony conviction can cause you to lose your gun rights, but the length of time depends on the type of felony.
If you are convicted of a “specified felony,” you will lose your right to possess, use, transport, sell, carry, ship, or distribute firearms or ammunition until at least five years after the completion of all penalties for the conviction. The specified felonies include:
- Any felony that involves the use of force, attempted use of force, or threat of force against a person or property.
- Any felony that involves possessing, manufacturing, importing, exporting, distributing, or dispensing a controlled substance.
- Any felony that involves unlawful possession or distribution of a firearm.
- Any felony that involves unlawful use of an explosive.
- Burglary of or breaking and entering an occupied dwelling.
If you are convicted of a specified felony, you must wait five years after you have completed all penalties for the violation – that includes paying all your fines, serving all terms of incarceration, and completing all conditions of your probation or parole. After five years, you can apply to have your gun rights restored by a Michigan circuit court.
If you were convicted of a “non-specified” felony (that is, any felony that doesn’t meet any of the criteria listed above), then you lose your gun rights until three years following the completion of all penalties for the conviction. For non-specified felonies, your gun rights are automatically restored after three years have passed; you do not have to apply.
Note that these laws only apply to your right to possess a firearm under Michigan law. It’s possible to have your rights restored at the state level but still be prohibited from owning a firearm under federal law.
How an attorney can help protect or reinstate your gun rights
We understand the importance of the right to own a firearm to many of our clients, and we take that risk into account when building your legal strategy.
Of course, the best way to protect your firearm rights is to avoid a felony conviction in the first place. It is sometimes possible to get your charges reduced to a misdemeanor or from a specified offense to a non-specified offense. Depending on the circumstances, that may be the strategy we pursue for you. We may also be able to undermine the specific evidence needed to sustain a specified felony charge and fight for the charges to be dropped or for a “Not Guilty” verdict in court.
If you have already been convicted of a specified felony, we can help you with the process to get your gun rights restored as soon as possible after you have completed all your penalties. To get your rights reinstated, you need to properly fill out your application and show clear and convincing evidence that you are not likely to put others in danger if you regain the right to own a gun. If the superior court judge denies your application, you must wait a year to reapply, so it’s in your interest to do it right the first time with an experienced lawyer on your side.
Talk to an experienced lawyer about your firearm rights today
Whether you’re facing felony charges or dealing with the long-term consequences of a previous conviction, the key is to have experienced legal representation. The criminal defense attorneys at Manley & Manley have the experience and winning track record in Michigan court that you need on your side. We stand up for our clients’ rights – all of their rights – at every stage in the process, and you can rest assured that you will have a spirited defense from start to finish.
If you need help protecting or reinstating your gun rights, don’t go it alone. Instead, contact Manley & Manley today for a free case evaluation.