What Weapons Can a Felon Own in Michigan?
In the state of Michigan, felons are subject to certain restrictions when it comes to owning and possessing firearms. According to state and federal law, the rights of convicted felons to own weapons are revoked or severely limited. Understanding the specific rules and restrictions is crucial to ensure that felons in Michigan stay on the right side of the law.
Initial Restrictions
Convicted felons in Michigan are restricted from owning, possessing, or purchasing a firearm of any kind, including firearms, ammunition, and knives. This applies to felonies committed after July 29, 1969. Anyone convicted of a felony on or before July 29, 1969, may not be subject to these same restrictions. However, it’s crucial to understand that even individuals with less severe criminal histories may be subject to similar restrictions, depending on the specific terms of their plea agreement, probation, or parole.
Federal Firearms Act Provisions
Under federal law, convicted felons are prohibited from:
• Importing, selling, delivering, or possessing firearms (18 U.S.C. § 922(g) (1)
• Carrying a firearm, including shotguns and rifles, regardless of whether the firearm was stolen or whether the crime was committed prior to September 30, 1986 (18 U.S.C. § 921(a)(20))
• Transferring or conspiring to transfer a firearm to another individual (18 U.S.C. § 922(a)(4) and (c))
Federal law also makes it unlawful for a felon to transfer, sell, or transport a firearm on behalf of another person or to dispose of a firearm to enable another person to engage in an activity that violates federal laws.
State of Michigan Firearms Laws
Michigan statute MCL 750.224f and MSA 28.424(c) prohibits certain individuals, including convicted felons, from:
• Possessing, transferring, conveying, or controlling a handgun or other firearms
• Acquiring a handgun or other firearms for the sole purpose of destroying or repairing the same for the return to the lawful owner (MCL 750.224f(4))
MCL 28.234(c) restricts licensed dealers from transferring firearms to individuals who have been adjudicated mentally ill or developmental disabled, and MCL 28.424 also prohibits the possession of destructive devices, explosive materials, and certain short-barreled shotguns.
Exceptions and Mitigating Factors
Certain classes of felons may qualify for restoration of their voting rights, and in certain circumstances, a felony conviction may not prohibit an individual from owning firearms:
• Some misdemeanants, such as those who have been convicted of first-degree retail fraud, habitual offender, or habitual simple assault, may still own a firearm
• Juvenile offender, who were convicted in juvenile court or under laws of another jurisdiction, might not be considered as having been convicted of a felony if the convictions were expunged prior to the commencement of felony proceedings
• Foreign nationals may lawfully possess** firearms even if they were convicted in a foreign jurisdiction, as long as the court or government does not confiscate the foreign national’s rights to bear arms before arriving in the United States.
Restoring Rights
Under Michigan Law, a felony conviction cannot be expunged as of right; however, the Michigan House of Representatives passed a bill in October 2021 to legalize expungement for felons who have committed nonviolent crimes. This has significant implications for felons looking to regain their basic rights, including the ability to own a firearm in Michigan.
Guidelines for Law Enforcement and Legal Professionals
Law enforcement agencies and legal professionals may refer to the following criteria to determine if an individual has the legal right to own a firearm:
• Background check: The FBI uses the National Instant Criminal Background Check System (NICS) to perform background checks for firearms sales and transferees
• Application process: State and local law enforcement agencies may conduct additional reviews in certain cases
• Eligibility: In Michigan, felons with a court-ordered seal or expunged records are generally eligible to exercise their Second Amendment rights.
• Restoration: In determining an individual’s eligibility for firearm ownership, law enforcement agencies should also consider mitigation factors, such as their length of time post-conviction, positive conduct, or non-violent behavior while serving their sentence.
In conclusion, it is important for felons in Michigan to understand that their felony conviction may impose significant legal restrictions on their ability to own and possess firearms, even if their conviction date is prior to July 29, 1969. Additional restrictions can be imposed for specific acts, such as drug possession or domestic violence.
For those with felony records, it’s crucial to seek legal counsel to evaluate their specific circumstances and consult with law enforcement agencies as necessary. Only by taking these steps can individuals best ensure they are operating within the legal boundaries when it comes to owning a firearm.
Table of Felonies and Restricted Firearms:
