Can I Own a Firearm if I Have a Felony Conviction in Michigan?

If you have a felony conviction in Michigan, you may wonder if or how it affects your ability to own a firearm. Keep reading and speak with an Upper Peninsula criminal defense lawyer for skilled representation today.

What is a Felony?

A felony is a serious criminal offense that can result in significant legal penalties, like prison sentences, fines, probation, and more. Under the Michigan Penal Code Section 750.7, the state defines felony as “an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.”

Michigan categorizes felonies by classes, generally Class A, B, C, D, E, F, G, and H, in descending order of severity. Class A felonies are the most serious and are punishable by up to life in prison or any number of years. Class H felonies are the least severe but are still taken seriously and can be accompanied by jail time, probation, or other alternatives. Common examples of felonies in Michigan include murder, assault with a deadly weapon, kidnapping, robbery, child abuse, embezzlement, falsely reporting a crime, stalking, and more.

Can I Own a Firearm if I Have a Felony Conviction in MI?

In general, no, an individual with a felony conviction cannot own a firearm in Michigan. If you are a felon and are caught in possession of a firearm, you can face significant legal repercussions. However, it is important to note that your gun rights can be restored, depending on the details of your circumstances. Convictions of certain crimes will leave you permanently barred from possessing a firearm, but, depending on your offense, if you meet the following requirements listed under MCL Section 750.224f, you may be able to obtain a gun after being convicted of a felony.

“A person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:

• The person has paid all fines imposed for the violation.
• The person has served all terms of imprisonment imposed for the violation.
• The person has successfully completed all conditions og probation or parole imposed for the violation.”

The law goes on to stipulate a longer waiting period for certain offenses. A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the person’s right to do so has been restored under section 4 of 1927 PA 372, MCL 28.424 and after the expiration of 5 years after all of the following circumstances exist.

• The person has paid all fines imposed for the violation.
• The person has served all terms of imprisonment imposed for the violation.
• The person has successfully completed all conditions of probation or parole imposed for the violation.

Criminal law can be complex, so it is important that you fully understand your legal rights and options after being convicted of a felony offense. For more information, contact Berger Law today.