How a Criminal Defense Attorney Can Help You Restore You Gun Rights in Michigan

THE SECOND AMENDMENT AND HOW YOU CAN LOSE YOUR GUN RIGHTS

The Second Amendment in the United States Constitution gives us our right to bear arms. The right to own or possess a gun is not absolute, however, and can be taken away for several reasons. If you are convicted of a domestic violence offense or a felony offense, then you lose your Second Amendment right to own or possess a gun. First-offender domestic violence cases treated under MCL 769.4a deferral result in the individual losing their right to bear arms even without a conviction. Owning and possessing a gun after losing your Second Amendment Rights can result in a state or federal felony charge for illegal possession. You can restore your gun rights if a case is later expunged, you are pardoned by the Governor or President, or you are granted the restoration of your gun rights in court. If you have legal questions about your gun rights, then it is important that you speak to an experienced criminal defense attorney.

HOW CAN GUN RIGHTS BE RESTORED IN MICHIGAN?

It is not required that you get a specific criminal conviction off of your record before you have your gun rights restored in the state of Michigan. Under MCL 28.424, a Michigan Circuit Court has the authority to restore your gun rights without removing any convictions if the following circumstances are proved by clear and convincing evidence, they are:

The petition for restoration of gun rights was properly submitted by the Petitioner,

Five years have passed since all the fines and costs associated with the conviction have been paid,

Five years have passed since all incarceration or probationary terms have been completed successfully, whichever is later, and The Petitioner’s record and reputation are that the Petitioner will not act in a dangerous or unsafe manner towards others.

Only one petition for restoration of gun rights can be filed with a Circuit Court within a 12-month period. That means if your application is denied by the court, then you will have to wait a year before you can reapply. The appropriate court to hear your case is the Circuit Court in the county in which you reside. It is important to get your petition approved the first time, as it could result in unnecessarily waiting to have your rights restored. 

While you can compile and submit your petition on your own, your inexperience can have significant consequences. Since the court will not treat you any differently if you represent yourself, it could be beneficial to hire an experienced criminal defense attorney to help you. The judge will expect you to know and follow appropriate law and procedure when processing your petition and conducting any hearings, so it is important that you don’t expect any breaks.

HOW AN ATTORNEY CAN HELP

An experienced criminal defense attorney can help you put your best foot forward and submit the most effective petition to restore your gun rights. It is important to gather several documents to support your cause, including support letters, business records, school transcripts, and other information for your petition. These documents are meant to show the court that you are an upstanding member of society who deserves to have your gun rights back after losing them to a criminal conviction. An experienced attorney can help you assemble the most effective petition to prove the elements required under Michigan law (MCL 28.424). If you have legal questions, then call us at Zeineh Law today so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to restore your gun rights, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards success with a consultation with an experienced criminal defense attorney at Zeineh Law today.