Does Committing A Violation of Probation Forever Bar Firearm Rights in Michigan?
At least one Michigan court has answered this question in the affirmative. According to the court, effectively, if a person commits a violation of probation with respect to a felon conviction, that person now has a permanent lifetime ban on firearm rights in Michigan. The case is entitled In re Knight, Case No. 346554 (Mich. Court of Appeals September 17, 2020).
In that case, Gregg Knight was convicted based on a plea deal in 2001 of “arson of woods and prairies.” Because Knight’s conviction was a felony conviction, he lost his rights to possess firearms and ammunition under Michigan law. For the 2001 arson, Knight was sentenced to probation and ordered to pay restitution. Knight violated the conditions of his probation on two occasions – the nature of the violations was not identified in the case – and, as a result, Knight was sentenced to imprisonment for 17 to 48 months for violation of his probation. Knight was later paroled on the 17 to 48-month sentence and discharged from parole in October 2007.
In 2018, Knight sought to have his firearm rights restored under the applicable Michigan restoration statute. Under this statute, a person may seek to have his or her firearm rights restored by filing a petition in the relevant county circuit court, in this case, Jackson County.
Under the statute, a petitioner must present “clear and convincing evidence” of several conditions that must be met before the court will grant restoration of rights. Among the conditions are that he or she has “… successfully completed all conditions of probation or parole imposed for the violation resulting in the prohibition.” See MCL 28.424(4)(iii).
When Knight petitioned the Jackson County Circuit Court for rights restoration, his petition was denied. The circuit court specifically found that, because he committed violations of his probation, this meant that he could not demonstrate that he had “successfully completed all conditions of probation.” Thus, Knight did not satisfy at least one of the requirements of MCL 28.424(4).
Knight filed an appeal from the denial of his petition and, as noted, the Michigan Court of Appeals affirmed. The court stated bluntly:
“Petitioner [Knight] concedes that he did not complete probation, as his probation was violated and he was sentenced to prison. Consequently, petitioner is ineligible for restoration of his firearms rights.”
As a consequence, Knight faces a lifetime firearm rights ban in Michigan because he violated his probation. It should be noted that one of the judges on the three-judge Court of Appeals panel disagreed with this reasoning. The judge agreed with the result because Knight had not paid the restitution that he was ordered to pay. But, the court disagreed that violation of probation should result in a lifetime ban on firearm ownership and possession.