Can I Lose My Gun Rights if I’m Charged with a Crime in Michigan?
April 1, 2023 – Rob LaBre
The Second Amendment is important to many Americans who count on their guns for protection. But what happens if you’re facing criminal charges? As experienced criminal defense attorneys, our clients often ask, “Can I lose my gun rights?” when accused of a crime, even if only a misdemeanor.
Michigan gun laws are complex, and many offenses may make carrying or possessing a gun illegal. The blog below provides an overview of how individuals can lose and restore their gun rights in Michigan. To schedule a consultation with an experienced criminal defense attorney to discuss your unique situation, call (269) 431-2058. At LaBre Law, excellence is our standard.
Grounds for Loss of Gun Rights in Michigan
Any felony conviction means an automatic loss of gun rights in Michigan under state and federal law. The length of this gun rights loss and the restoration process depends on the felony.
Many misdemeanors may disqualify you for a CPL (concealed pistol license) and revoke your gun rights. Examples of misdemeanors that may lead to a three-year CPL loss include:
- Domestic Violence
- Possession of some controlled substances
- Driving while intoxicated or otherwise impaired
A person convicted of more serious misdemeanors could lose their CPL for eight years. These offenses include:
- Assault and domestic assault
- Breaking and entering
- Negligent or reckless firearm misuse resulting in property damage
- Driving while the state suspended or revoked your license (second or higher offense)
- Certain types of child abuse or criminal sexual acts
The above is by no means a complete list. If you’re under a criminal process, a competent criminal defense attorney can explain what it means for your gun rights.
Domestic Violence and Gun Rights in Michigan
The answer to “Will I lose my gun rights?” takes a different turn if you face a domestic violence charge. As a rule, a domestic assault charge or issuing of a protective order automatically suspends your ability to purchase, conceal carry, or transport a weapon and disqualifies you from getting a gun license in Michigan — even though you may be innocent. Although Michigan courts may make exceptions if you need a gun for work, this rarely happens.
The judge often issues an NCO (No Contact Order) in domestic violence cases at the first hearing. Under Michigan law, if you’re subject to an NCO, you cannot possess, purchase, or carry a gun or use your CPL if you already have one. Federal gun restrictions will probably apply to your case if a court issues a protective or no-contact order.
How To Get My Gun Rights Restored
Misdemeanor convictions and most felony convictions typically result in an automatic restoration of gun rights after a specific period.
With most felonies in Michigan, the offender gets their gun rights back three years after they:
- Serve their full imprisonment term
- Pay all due fines
- Complete all parole or probation terms
If even one of these conditions is unfulfilled, possessing or purchasing a firearm could land you in serious trouble. You could face five-year felony charges, even if you don’t use the gun in your possession.
Restoration of Gun Rights for Specified Felonies
Some specified felonies are ineligible for automatic restoration of state gun rights. If you have a former conviction of one of these crimes, you’d need to wait five years after completing all the conditions above and then file a petition with the local circuit court to request a complete restoration of your state gun rights.
Felonies that require a circuit court petition to restore gun rights include the following:
- Unlawful manufacturing, distribution, possession, or other interaction with controlled substances
- Unlawful firearm distribution or possession
- Unlawful explosive use
- Burglary or breaking and entering
- Offenses that involved a violent act against a person or property
Once the circuit court receives your petition, the judge will review your records, evaluate your reputation, and determine whether you are dangerous to public safety. The court will then decide at its discretion. Working with a reputable gun rights lawyer can significantly improve your chances of restoring your gun rights.
LaBre Law Office: Gun Rights and Criminal Defense Attorney in Michigan
Are you dealing with criminal charges in Michigan? Losing your gun rights is likely one of your most pressing concerns, especially if you rely on your gun for personal protection or work. At LaBre Law Office, excellence is our standard. Our legal team will work hard to protect your gun rights and walk you through the gun rights restoration process. Call (269) 431-2058 or contact us online to schedule a consultation with a Michigan criminal defense attorney.
Copyright © 2023. LaBre Law Office. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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Edwardsburg, MI 49112
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