Can a felon own a shotgun in Michigan?

Can a Felon Own a Shotgun in Michigan?

In Michigan, owning a firearm is regulated by the state’s gun laws, which are stricter than federal laws. A person convicted of a felony cannot own a shotgun in Michigan, as it is prohibited by state law. This article will explore the nuances of Michigan’s gun laws and the restrictions on firearm ownership for felons.

Federal Law vs. Michigan Law

Under federal law, a person who has been convicted of a felony is prohibited from possessing or owning a firearm for life. This prohibition is enforced by the National Instant Criminal Background Check System (NICS). Michigan has similar laws, but there are some differences in implementation.

Michigan Felon Firearms Prohibition

MCL 750.223a states that a person who has been convicted of a felony or a misdemeanor crime of violence is prohibited from possessing a firearm. This prohibition is effective for life, and there is no opportunity for the individual to petition to regain their right to possess a firearm.

Prohibited Firearms

The prohibition applies to all types of firearms, including:

• Shotguns: Long guns, including shotguns, are prohibited for possession and ownership by felons in Michigan.
• Rifles: Firearms with a rifled barrel or designed to fire center-fire cartridges are prohibited for possession and ownership by felons in Michigan.
• Handguns: Possession and ownership of handguns are also prohibited for felons in Michigan.
• Machine guns: Firearms capable of firing automatically, fully automatically, or in a burst are prohibited for possession and ownership by felons in Michigan.

Exceptions

There are limited exceptions to the felon firearm prohibition in Michigan:

• Pardons: If a person is granted a pardon by the governor or a federal pardon, they may be able to petition to regain their right to possess a firearm. MCL 768.36 governs pardons in Michigan.
• Restoration of rights: A person may petition the court to have their rights restored, including their right to possess a firearm, after completing their sentence and serving a specific waiting period. MCL 771.16 governs the restoration of rights in Michigan.
• Hunting privileges: Felons who are serving a sentence for a non-violent felony and are granted hunting privileges under MCL 771.13 may still own and possess a firearm, including a shotgun, for hunting purposes.

Penalties for Violation

Violating the felon firearm prohibition in Michigan can result in severe penalties:

• Felony charge: A person convicted of violating the felon firearm prohibition can be charged with a felony, punishable by up to 10 years imprisonment.
• Misdemeanor charge: If a person is convicted of violating the felon firearm prohibition a second time, they can be charged with a misdemeanor, punishable by up to 1 year imprisonment.

Conclusion

In summary, a person convicted of a felony cannot own a shotgun in Michigan, as it is prohibited by state law. While there are limited exceptions, felons who violate the law can face severe penalties, including felony charges. If you are a felon considering purchasing or owning a shotgun in Michigan, it is essential to consult with an attorney to understand the applicable laws and regulations.

Key Takeaways:

• A person convicted of a felony is prohibited from possessing or owning a shotgun in Michigan.
• Michigan’s felon firearm prohibition is in addition to federal laws prohibiting felons from possessing firearms.
• Limited exceptions exist for pardons, restoration of rights, and hunting privileges.
• Violating the felon firearm prohibition can result in felony or misdemeanor charges, with significant penalties.

Table: Felon Firearm Prohibition in Michigan

Note: This article provides general information and is not intended to be a legal advice. If you have a specific question or situation, consult with an attorney.