Gun Rights Restoration

Muskegon Criminal Defense Lawyers Helping People Seek Gun Rights Restoration

The loss of the right to own and possess a firearm can impact a person’s livelihood, hobbies, and sense of security, and in some cases, it can also affect their ability to provide for their families. Fortunately, Michigan law allows individuals who have lost the ability to own, possess, or use firearms due to prior criminal convictions to seek the restoration of their gun rights. Successfully pursuing gun rights restoration requires careful preparation and a clear understanding of the statutory requirements, as well as effective representation in court. As such, if you are interested in beginning the gun rights restoration process, it is in your best interest to seek the assistance of an attorney. At McCroskey Law, our capable Muskegon criminal defense attorneys have significant experience guiding people through this complex process, and we represent you, we will help you seek the outcome you deserve. We regularly represent parties in criminal matters in Grand Rapids, Muskegon, and Grand Haven.

Gun Rights and Michigan Law

Under Michigan law, people convicted of specific crimes are prohibited from possessing or using firearms. This restriction is not uniform for all offenses but instead depends on the nature and severity of the conviction. For example, a person convicted of a felony involving the use or attempted use of physical force, or the threat of force, generally cannot legally possess a firearm for at least five years following the completion of their sentence. For other felonies, the waiting period is typically three years. Importantly, these waiting periods do not begin until the individual has completed all terms of imprisonment, probation, and parole, and has paid all fines, costs, and restitution.

The law distinguishes between “specified felonies” and other offenses. A specified felony is one that involves physical force, threats of physical force, drug trafficking, or crimes involving firearms. These convictions carry stricter restrictions and longer waiting periods. People with such convictions must demonstrate to the court that they can safely and responsibly exercise firearm rights before restoration will be granted.

The Process of Gun Rights Restoration

Gun rights restoration in Michigan is not automatic; it requires affirmative action through the courts. Once the statutory waiting period has elapsed, a party who wishes to have their right to own a firearm restored may file a petition in the circuit court of the county where they reside. The petition must include evidence that all terms of the conviction have been satisfied, such as documentation showing the completion of probation, parole, or incarceration, as well as proof that fines and restitution have been paid in full.

After the petition is filed, the court will schedule a hearing. At the hearing, the petitioner must demonstrate that they meet all legal criteria and that restoring their firearm rights would not pose a risk to public safety. Judges consider factors such as the nature of the original offense, the petitioner’s conduct since the conviction, employment history, community involvement, and overall character. The burden rests on the petitioner to prove by clear and convincing evidence that restoration is appropriate.

Federal and State Considerations

It is important to recognize that gun rights restoration under Michigan law does not necessarily guarantee the restoration of federal firearm rights. Federal law, under the Gun Control Act, imposes its own restrictions on firearm possession, and certain convictions may trigger lifetime bans under federal rules. For example, felony convictions for domestic violence offenses can carry federal prohibitions that remain in place even if state rights are restored. Because of this overlap, anyone seeking gun rights restoration must understand both state and federal implications.

Confer with a Seasoned Muskegon Criminal Defense Attorney

The ability to exercise gun rights is deeply meaningful to many Michigan residents, and losing those rights can feel like losing part of one’s identity. Fortunately, Michigan law provides a pathway to reinstatement for those who have completed their sentences, demonstrated rehabilitation, and satisfied all legal obligations. If you are seeking gun rights restoration, the knowledgeable Muskegon criminal defense lawyers of McCroskey Law can help you gather the necessary documentation, prepare your petition, and present a persuasive case to the court. We have offices in Grand Rapids, Muskegon, and Battle Creek, and we regularly represent clients in Kent, Newaygo, Muskegon, and Ottawa Counties, and other surrounding areas. To schedule a confidential consultation, you can contact us at 800-442-0237 or reach us through the form on our website.