In Michigan, persons convicted of felonies have their firearm rights restricted. Michigan does not restrict firearm rights on any other basis. See MCL Section 750.224f. Persons convicted of ANY felonies are not permitted “to possess, use, transport, sell, purchase, carry, ship, receive, or distribute” a firearm or ammunition. See Section 750.224f (1) and (3).
As in most states and under federal laws, restoration of firearm rights depends on the felony. For most felonies in Michigan, firearm rights are restored automatically once THREE years have elapsed after ALL of the following conditions co-exist:
(a) The person has paid all fines imposed for the violation
(b) The person has served all terms of imprisonment imposed for the violation
(c) The person has successfully completed all conditions of probation or parole imposed for the violation
However, for felonies that are labeled as “specified felonies,” firearm rights can be restored if two conditions are met: First, if the person seeking to restore his or her firearm rights files a petition to restore firearm rights with a Michigan court under MCL 28.424 and, second, if FIVE years have elapsed after ALL of the following co-exist:
(a) The person has paid all fines imposed for the violation
(b) The person has served all terms of imprisonment imposed for the violation
(c) The person has successfully completed all conditions of probation or parole imposed for the violation
If the petition is granted, then firearm rights are restored. Note that, in the past, petitions to restore firearm rights were filed with country firearm licensing boards. That has recently changed.
What are the felonies that require the filing of a petition for restoration?
Section 750.224f (10) defines “specified felony” to mean any felony in which one or more of the following circumstances exist:
- An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another
- The felony, by its nature, involves a substantial risk that physical force may be used in the course of committing the offense
- An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance
- An element of that felony is the unlawful possession or distribution of a firearm or use of an explosive
- The felony is burglary of an occupied dwelling
- The felony is breaking and entering an occupied dwelling
- The felony is arson
Note that one Michigan court has determined that breaking and entering an UNOCCUPIED building meets the definition of a “specified felony” because that felony involves a “substantial risk” that physical force could be used in committing the crime. See Tuggle v. Dept. of State Police, 712 NW 2d 750 (Mich: Court of Appeals 2005).
What is the process for filing a petition for restoration?
A person seeking to restore his or her firearm rights must file a petition with the Michigan circuit court in the county in which he or she resides. See MCL Section 28.424. The circuit court is empowered to charge a filing fee and the fee must be paid (unless a waiver is obtained). A petition is a written request to the court detailing why restoration should be granted. Various documents should be included and attached including records related to the conviction, completion of sentencing and payment of any fines. Unlike other states, under recent changes to Michigan law, there is no involvement in such a petition by the local district attorneys’ office, the local prosecutor’s office, state or local police or the Michigan Attorney General (although a state prosecutor MAY appear for the State in a civil matter involving restoration of firearm rights if the prosecutor chooses to do so.) See In re Knight, Case No. 346554 (Mich: Court of Appeals 2020)). Full power and authority to restore firearm rights is vested with the judge.
What is the standard for granting a petition for restoration?
Section 28.424(4) states that they SHALL issue an order restoring firearm rights IF the court determines, by CLEAR AND CONVINCING EVIDENCE that the following circumstance exist:
(a) The individual properly submitted a petition for restoration of those rights as provided under this section.
(b) The expiration of 5 years after all of the following circumstances:
(i) The individual has paid all fines imposed for the violation resulting in the prohibition.
(ii) The individual has served all terms of imprisonment imposed for the violation resulting in the prohibition.
(iii) The individual has successfully completed all conditions of probation or parole imposed for the violation resulting in the prohibition.
(c) The individual’s record and reputation are such that the individual is not likely to act in a manner dangerous to the safety of other individuals.
Because of subsection (c), a petition seeking firearm right restoration should include numerous other documents and evidence to convince the judge that the person seeking restoration is not dangerous. Examples of other documents and evidence that might help include:
- Evidence showing recent criminal arrests or convictions
- Good character statements from family, friends, religious and community leaders, etc.
- Employment records
- Evidence of significant achievement since the felony conviction like completion of academic programs
- Records showing mitigating circumstances for the relevant conviction
- Medical records (if relevant)
- And more
If a petitioner satisfies the requirements of Section 28.424(4), the petitioner is entitled to have his or her Michigan firearm rights restored regardless of whether or not federal firearm rights are or can be restored. See In re Schultz, Case No. 350292 (Court of Appeals of Michigan, November 24, 2020).
What happens if my petition is denied?
If a petition for restoration is denied, the petitioner has two options: file an appeal to the Michigan Court of Appeal or wait one year and file a new petition. Section 28.424 states “[n]ot more than 1 petition may be submitted under subsection (1) or (2) in any 12-month period.”
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