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 how a citizen with a non-specified felony, may have their right to possess a firearm restored.
First, lets look at what counts as a “non-specified” felony. Generally speaking, most are taught that a “felony” means any conviction that imposes one year or more of imprisonment as the punishment. However, when dealing with the restoration of firearms rights, felony means the violation of a Michigan state law or the law of another state or of the federal law of the United States that is punishable by imprisonment for four years or more.
A person convicted of a non-specified felony is prohibited from possessing, using, transporting, selling, caring, shipping, or distributing firearms or ammunition until 3 years have passed after all of the following have been completed:
(1) the citizen has paid all fines imposed for the violation.
(2) The citizen has served all terms of imprisonment imposed for the violation.
(3) The citizen has *successfully completed* all conditions of probation or parole imposed for the violation.
In a different post we will look at what it means to *successfully complete* probation. Subscribing to our blog will ensure that post gets into your inbox.
The citizen convicted of a non-specified felony does not need to have their firearm and ammunition rights restored buy a concealed pistol licensing board. A citizen's right to possess a firearm and ammunition under Michigan law are automatically restored three years after all of the above circumstances exist.
WARNING: Even though a citizen convicted of a felony, who may lawfully possess a firearm and ammunition under Michigan law, may still be prohibited from possessing a firearm and ammunition under federal law.
Preparing Your Case
There are some instances in which the automatic restoration of a citizens firearms rights gets delayed or overlooked by the state. In these situations, you will want to prepare the following documents:
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.
If your record has not been automatically restored along with your rights, you may consider to contacting a Trusted Attorney to help obtain the documentation from the appropriate state agency and attempt to sort out any issues. Don't sweat it if you are unable to obtain the documents listed above. A trusted attorney should be able to pull your court records to begin the process.
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.
REMEMBER: Our posts should never be taken as legal advice. You should ALWAYS consult a Trusted Attorney with your legal questions.