Gun Right Restoration in Michigan
Gun rights restoration cases are complicated and many trial judges do not understand or agree with the process in Michigan. Our attorneys have had decades of success in this area.
If a Mental Health Disability is Removed, Gun Rights are Restored
In the recent case of Tyler v Hillsdale County Sheriff’s Department, the 6th Circuit Court of Appeals determined that a person who had been involuntarily hospitalized in a mental hospital many years ago can get his gun rights restored. Although possible, having gun rights restored after an involuntary commitment is complex and requires the assistance of an experienced firearms rights restoration attorney.
Federal law provides that a person found “mentally defective” or “who had been committed to a mental institution” cannot possess a firearm. Congress had established a relief from disability program but unfunded it shortly after that with instructions for the states to begin their programs. The federal government would give money to assist the states in doing so. Many states did start a program, Michigan did not.
2nd Amendment – Right to Have a Firearm
In discussing the existence of the relief from disability program, the Court determined that Congress must have decided that some of the people previously committed to a mental institution were not sufficiently dangerous that it was necessary to deprive them of their 2nd Amendment right to have a firearm. Under the current federal law, a person must take several steps to restore their gun rights after an involuntary commitment.
Let Us Help with The Restoration of Your Gun Rights Following Involuntary Commitment.
The Court did not think that Mr. Tyler should be prohibited from owning a firearm because Michigan had failed to adopt the relief from disability program. The Court ruled that Mr. Tyler’s disability was minor and many years ago, and he had made a sufficient showing that he is not dangerous to himself or others. The Sheriff’s Department will likely appeal to the United States Supreme Court.
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have focused on the 2nd Amendment right to bear arms. We have assisted clients with restoring their firearms rights following an involuntary commitment.
Attorney Fees
Every case is different, and attorney fees can vary from case to case. As a general guideline, LEWIS & DICKSTEIN, P.L.L.C. requires a minimum, upfront retainer of $3,500.00 to $5,000.00 on a gun rights restoration case, including helping clients restore their gun rights after an involuntary commitment. If this amount is within your budget, please call us for a free consultation. We will take the time to speak with you, answer all of your questions, and address each of your concerns.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
