If you have lost your gun rights in Michigan due to a conviction, you may be wondering if there is a way to restore them. The good news is that in some cases, it is possible to regain your rights to possess firearms. However, the process can be complicated and time-consuming, so it is important to have a clear understanding of the requirements before you begin.

Eligibility

First, you should determine if you are eligible to have your gun rights restored. In Michigan, certain types of convictions automatically result in a permanent loss of gun rights. These include felony convictions that involve the use or attempted use of force or violence, or those that involve a controlled substance. If your conviction falls into one of these categories, you may not be eligible for restoration of your gun rights. Michigan Law under MCL 28.424  prescribes what is required before gun rights can be restored.

Assuming that you are eligible, the first step in the process is to obtain a copy of your criminal record. You can do this by contacting the Michigan State Police and submitting a request for your criminal history. You can also look it up online using ICHAT. It is important to carefully review your record to ensure that all of the information is accurate.

Application for Restoration of Gun Rights

Next, you will need to complete an application for restoration of your gun rights. This application will require information about your conviction, including the date, the charges, and the sentence. You will also need to provide information about your personal and professional history, including employment and education.

Once you have completed the application, you will need to submit it to the Michigan State Police. The application will be reviewed by the Michigan Department of State Police, which will determine whether you meet the eligibility requirements for restoration of your gun rights.

If your application is approved, you will need to attend a hearing before a judge. At the hearing, you will be required to present evidence that demonstrates that you have met certain criteria. This may include evidence of rehabilitation, such as completion of a treatment program or community service. You may also need to provide character references and other documentation that supports your application.

Once the Judge Makes a Decision

If the judge grants your application, you will receive a court order restoring your gun rights. It is important to keep a copy of this court order in a safe place, as you may need to provide it as proof of your restored rights in the future. It is worth noting that the process to restore your gun rights can take several months, or even longer. It is important to be patient and to follow all of the steps carefully to ensure that your application is complete and accurate.

It is important to understand that restoration of your gun rights is not automatic. Even if you meet all of the eligibility requirements and present compelling evidence at your hearing, the judge may still choose to deny your application. This is why it is critical to submit your strongest application possible.

One common reason for denial is if the judge determines that restoration of your gun rights would not be in the best interests of public safety. This may occur if your conviction involved a serious violent crime, or if there is other evidence to suggest that you may pose a risk to others.

Conclusion

Restoration of your gun rights in Michigan is a complex and time-consuming process. It is important to carefully review your criminal record and to understand the eligibility requirements before beginning the process. If you are eligible, it is critical to follow all of the steps carefully and to provide compelling evidence at your hearing. With patience and persistence, it is possible to regain your rights to possess firearms in Michigan. If you are looking to restore your gun rights, then give us a call at My Michigan Legal so we can help.