After being convicted of a crime, have you ever wondered if owning or carrying a firearm would be possible? What types of convictions prevent a citizen from exercising their God given Second Amendment right and is it possible to restore those right?
Hello everyone, my name is Joseph Radzwion IV Your Trusted Attorney with Radzwion Law, PLLC, and this post will cover the process of petitioning the court to restore gun rights after being charged with a specified felony conviction.
In previous posts we discussed the differences between non-specified and specified felonies. You can find those posts linked at the bottom of the page.
Part of the process to restore firearms rights after being convicted of a specified felony includes completing the requirements listed in MCL 28.424. These requirements are what we are going to look at in this post. MCL 28.424 can be thought of as the section of the law that requires a citizen seeking restoration of their firearm rights to petition the circuit court and ask the court restore their rights. But of course, it’s not that simple.
Under MCL 28.424, the law says that a citizen seeking their to have their firearm rights restored must:
Petition the Circuit Court in the county where the citizen lives (NOT in the county where the crime occurred).
A Petitioner (citizen) may only petition the court 1 time per year.
Circuit court shall restore the citizens rights by written order IF the conditions are satisfied by clear and convincing evidence:
5 years have passed since all the fines, imprisonment and conditions of probation/parole have been completed.
All the fines, imprisonment and conditions of probation/parole have been completed.
The citizen’s “record and reputation are such that the individual is not likely to act in a manner dangerous to the safety of other individuals.”
Preparing Your Case
If you are contemplating having your firearms rights restored, you can jump start the process by obtaining various documents to give to your attorney before you sit down for a consultation.
Along with their contact information, you will need list of family, friends and co-workers who will testify on your behalf as to the type of person you are.
Proof that all of your fines have been paid including any court fees, probation fees or parole fees, victims’ rights fees and any other fee listed in the terms of a sentencing or order from the court.
Documentation that all of the court ordered imprisonment time has been successfully completed.
Documentation that all conditions of probation or all conditions of parole have been successfully completed.
The final step is to contact a Trusted Attorney to help submit this documentation to the appropriate state agency and if necessary, petition the appropriate court to get the firearms rights restoration process jump started. Don't sweat it if the documents listed above are unable to be obtained. Your attorney should be able to pull your court records if necessary.
Your Trusted Attorney
If you would like to retain Radzwion Law, PLLC as Your Trusted Attorney, please do not hesitate to contact us. We are here to protect you when you need it most and we will fight for your freedom.
See our video below on these weeks post or check out our blog page for more topics.
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REMEMBER: Our posts should never be taken as legal advice. You should ALWAYS consult a Trusted Attorney with your legal questions.