Can a Felon Own a Black Powder Gun in Michigan?
Michigan has specific laws governing the possession and ownership of firearms, including black powder guns. For felons, the answer is more complex. In this article, we will explore the laws and regulations regarding felony ownership of black powder guns in Michigan.
Contents
What is a Felony?
In Michigan, a felony is a serious crime punishable by more than one year of imprisonment. Examples of felony crimes include murder, theft, and drug offenses.
Firearms Laws in Michigan
Michigan law (MCL 123.1101 et seq.) regulates the possession, carrying, and ownership of firearms, including black powder guns. The law categorizes firearms into two categories:
- Handguns: defined as firearms with barrels less than 12 inches in length
- Long guns: firearms with barrels 12 inches or longer
Black powder guns, also known as muzzle-loading firearms, fall under the category of long guns.
Civilian Ownership of Firearms
The state of Michigan allows individuals 18 years or older to own and possess a firearm, including a black powder gun, as long as they:
- Pass a background check: complete a background check through a licensed firearms dealer or local law enforcement agency
- Obtain a Concealed Pistol License (CPL): have a valid CPL, which authorizes the individual to own and carry a firearm (including a black powder gun) for self-defense and other lawful purposes
- Comply with registration requirements: register their firearms with the Michigan State Police (MSP)
However, there are restrictions and exceptions:
- NFA items: ownership of National Firearms Act (NFA) items, such as silencers and machine guns, is prohibited without a special permit and fingerprinting
- Prohibited persons: individuals with felony convictions, domestic violence misdemeanors, or other serious offenses are prohibited from owning a firearm
Can a Felon Own a Black Powder Gun in Michigan?
The short answer: No, a felon in Michigan cannot own or possess a black powder gun without permission from the Court or the Michigan Parole Commission.
The reasoning: Michigan law prohibits persons who have been convicted of a felony from owning, possessing, or controlling a firearm (MCL 752.11). The Federal Gun Control Act of 1968 (GCA) also prohibits the possession of firearms by persons who have been convicted of a felony.
Exemptions:
- Restoration of Firearm Rights: a convicted felon may petition the Michigan Circuit Court to restore their right to own and possess firearms. The court must conduct a hearing and issue an order restoring the right or denying the petition
- Parole Conditions: the Michigan Parole Commission may grant permission to possess a firearm as a condition of parole
Example Scenarios:
| Scenario | Result |
|---|---|
| Felon owns black powder gun without permission | Possession is illegal; felons may face prosecution |
| Felon applies to restore firearm rights and receives approval | Felon is allowed to own and possess a black powder gun under Michigan law |
| Felon is granted permission by the Michigan Parole Commission | Felon may possess a black powder gun while on parole |
Additional Considerations:
- Local Ordinances: some Michigan counties or cities may have their own ordinances regulating the ownership or possession of firearms. For example, some local laws may prohibit the use or possession of black powder guns within city limits.
- Federal Laws: even if a felon obtains permission to own a firearm, they may still violate federal laws, such as those related to interstate travel with a firearm or import/export regulations.
In conclusion, while Michigan law permits individual ownership of black powder guns, felons in the state are prohibited from possessing or owning these weapons without permission from the Court or the Michigan Parole Commission. It is essential for individuals with felony convictions to understand the laws and regulations governing firearm ownership in their state and to follow applicable procedures to restore their rights or obtain permission. Additionally, it is crucial to be aware of local and federal laws that may restrict or prohibit the use and possession of black powder guns.
