Michigan Firearm Rights Restoration Lawyers
Dedicated to Helping Those Who Chose to Bear Firearms to Do So Legally Under Michigan Law and Providing Aggressive and Effective State and Federal Gun Charges Defense
Michigan Firearm Rights Restoration Attorneys
Federal and state prosecutors in Michigan are known for being among the most aggressive and zealous in the United States. Suppose a person is charged with carrying a concealed weapon, a firearms assault, trafficking in firearms, possession of an automatic weapon, being a felon in possession of a firearm, or any gun or firearm felony or misdemeanor. In that case, it is critical that you have expert Michigan firearm rights restoration attorneys on your side who are willing to do whatever it takes to protect and defend you. To learn more, click this link for additional information about the Defense Team with LEWIS & DICKSTEIN, P.L.L.C.
Gun Rights Restoration is Complex, and the Stakes are High
Michigan firearm rights restoration is complex, and the assistance of an attorney is necessary given the seriousness of laws criminalizing the possession of a firearm by a convicted felon. As it relates to a charge of Felon in Possession of a Firearm, the definition of a “felony” is specific and vastly different than in most other areas of the law. A “felony” is defined as a violation or attempted violation of a state or federal law punishable by imprisonment for four (4) years or more. Felony convictions with maximum possible sentences of less than four years do not cause gun rights loss under Michigan law.
“Conviction” is Broadly Defined
Many people do not believe they have been “convicted” of a felony unless they were sentenced to more than a year in prison. Unfortunately, a person is “convicted” when they are found guilty or plead guilty to a felony punishable by four (4) or more years in prison. Even if the person is sentenced to probation without incarceration or just a fine, there is still a conviction. If you are unsure whether you have a conviction, an attorney with LEWIS & DICKSTEIN, P.L.L.C.can help you understand your criminal history.
Firearms Restoration is Critical
An individual with a “felony” conviction must restore their right to possess a firearm before possessing a firearm. Possession means personally holding a firearm or exercising dominion and control of a firearm. A person is essentially in possession of a firearm if that weapon is in their home, business, automobile, or any other location that they have possession of or a right to. A felon who possessed a firearm could be charged with a “felon in possession” charge. When a person convicted of a felony possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm during the period when they do not have firearm rights, that is a felony called “Felon in Possession of a Firearm (or ammunition).” Felon in Possession is punishable by imprisonment for up to 5 years, a fine of up to $5,000, or both. A conviction for being a felon in possession can result in a violation of parole or violation of probation as well.
A firearm is any weapon from which explosives, gas, or air may propel a dangerous projectile as a means of propulsion. The exception is any smooth bore rifle or handgun designed and manufactured exclusively to propel BBs not exceeding .177 caliber through spring, gas, or air.
Restoration of Right to Possess Firearms
Generally, for individuals convicted of most felonies, they are eligible for restoration of gun rights in Michigan three (3) years after all of the following circumstances exist:
- the person has paid all fines imposed for the violation, and
- the person has served all terms of imprisonment imposed for the violation, and
- the person has successfully completed all conditions of probation or parole imposed for the violation.
After three years, the felon can once again possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm if they do so in a manner otherwise allowable by law. A qualified Michigan firearm rights restoration attorney can help you determine if you are eligible to restore your rights.
Why file a motion for restoration if your rights have been automatically restored?
The Gun Rights Restoration Team with LEWIS & DICKSTEIN, P.L.L.C. strongly recommends anyone who may be automatically reinstated go through the formal restoration process to have an ORDER from a judge formalizing the restoration. A court order will prevent any false or mistaken arrests and prosecutions. Even if there is a valid legal defense, an unnecessary and wrongful arrest still results in a considerable financial expense (the cost of hiring an attorney), inconvenience, stress, and temporary loss of liberty.
If the person was convicted of certain “specified” felonies, the required time before restoration eligibility could be longer. Michigan gun law defines “specified felony” as a violation of state or federal law punishable by imprisonment for four years or more (or an attempt to violate such a law) if the felony involves one or more of the following circumstances:
- if an element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or
- if an element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance; or
- if an element of that felony is the unlawful possession or distribution of a firearm; or
- if an element of that felony is the unlawful use of an explosive; or
- if the felony is burglary of an occupied dwelling, or breaking and entering an occupied home, or arson.
Five Year Waiting Period for Specified Felony Convictions
For individuals convicted of a “specified” felony, they are eligible for restoration of gun rights in Michigan five (5) years after the person:
- has paid all fines imposed for the violation, and
- has served all terms of imprisonment imposed for the violation, and
- has successfully completed all conditions of probation or parole imposed for the violation.
After five (5) years from the time these requirements are met, the individual must then apply to the circuit court in the county where they reside to restore gun rights. The circuit court judge then reviews the person’s record and reputation to determine whether they are a danger to others. The applicant must show by clear and convincing evidence that they are not likely to act dangerously to others.
If the burden of proof is satisfied, the court will officially restore the felon’s gun rights to legally possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in a manner otherwise allowable by law.
If the Circuit Court refuses to restore the felon’s firearm rights, an appeal to the Michigan Court of Appeals is possible.
We Can Help You With Firearms Restoration in Michigan
Proving by “clear and convincing” evidence that you are not a danger to others is much more complicated than you may realize. Evidence of “rehabilitation” must be well documented, persuasive, and credible. The lawyers with LEWIS & DICKSTEIN, P.L.L.C. have vast experience convincing the government that our clients are rehabilitated. We have decades of experience developing petitions which convincingly and categorically demonstrate that our client is deserving of the restoration of various rights and privileges.
Defense of State and Federal Firearms Charge
When we are retained to represent someone who is either charged with a weapons crime or being investigated for a crime with a gun, our team mobilizes to intervene, limit damage, collect evidence, preserve exculpatory evidence, attack scientific proofs, and do the necessary legal research to gain every possible advantage for our clients. Our highest priority is to achieve a dismissal of all charges when possible. In those cases where a dismissal is not possible, we work to accomplish a highly favorable settlement when desired by the client or fight for an acquittal at trial when appropriate.
Attorney Fees for Gun Rights Restoration – $3,500 to Start
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 retainer of $3,500.00 on a gun rights restoration case. If this down payment is within your budget, please call us, and we will find a way to help you. If you are looking for a good, affordable attorney, you are in the right place.
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!
WARNING: FEDERAL LAW
Under federal law, a Michigan gun rights restoration does not restore firearm rights. Generally, a person cannot be charged under federal law with felon in possession of a firearm unless they’ve committed an accompanying felony. This limitation on federal prosecution is not a guarantee. Theoretically, the federal government could charge a person with being a felon in possession even if there is no other alleged criminal activity. Being a felon in possession of a firearm under federal law is punishable by up to 10 years imprisonment. The person may receive a minimum sentence of 15 years without parole if an offender has three or more prior convictions for a felony crime of violence (e.g., burglary, robbery, assault, possession of offensive weapons) or drug trafficking felony.