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 felony, that is a “specified felony,” may have their right to possess a firearm restored.
What is a “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.
In a previous post, we covered the process for restoration of a citizen who had a “non-specified felony.” To see our post on what a non-specified felonies, CLICK HERE.
But what is a specified felony? Generally speaking, the term specified felony is defined under Michigan law, MCL 750.224 f(10) which includes ONE or more of the following:
Felonies where an element of the felony is the use, attempted use or threatened use of physical force against the person or property of another.
Felonies that include the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
Felonies that include the unlawful possession or distribution of a firearm.
Felonies that include the unlawful use of an explosive.
The felony is burglary of an occupied dwelling or breaking and entering of an occupied dwelling.
The felony of arson.
In other words, if the felony charge includes an element of physical force against another person or a persons property, OR a felony that includes the unlawful manufacturing, possession or distribution of a controlled substance (drugs), OR the unlawful possession of a firearm, OR the unlawful use of an explosive, OR the breaking and entering into someone's home or business, OR the act of committing arson, such elements are going to qualify the type of felony as a specified felony.
Restoring Rights After a Specified Felony
So what does the specified felony mean with respect to a citizen’s rights being restored? The process is not automatic like the non-specified felony. With a “specified felony,” a citizen must wait for 5 years to pass after the following have been complete;
the citizen has paid all fines imposed for the violation.
The citizen has served all terms of imprisonment imposed for the violation.
The citizen’s right to possess a firearm has been restored under MCL 28.424
The citizen has *successfully completed* all conditions imposed during probation or parole.
In a different post we will look at what it means to *successfully complete* probation. Also in a different post, we will look at how to complete the process under MCL 28.424. To ensure you see those post, subscribe to our blog.
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.
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 obtain the documentation from the appropriate state agency and submit it to the appropriate court to get the firearms rights restoration process jump started. 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.