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Felon in Possession of a Firearm

In Michigan, a felony conviction carries collateral consequences that go beyond a possible prison sentence and fines. Once a person is convicted of a felony, they lose their ability to serve on a jury, their professional license, their right to vote, their immigration status, and limit their housing and employment prospects. In addition to all of the above, a convicted felon can no longer possess or use a firearm. Any felon found with a firearm in their possession may face criminal charges.

If you or someone you know has been arrested for possessing a firearm as a felon, it’s important you seek an experienced criminal defense attorney to represent you. You could be sent back to prison if you’re convicted of the crime and lose your ability to retain a firearm for a lifetime. To learn more, we highly encourage you to reach out to the legal team at Dallo Law, P.C..

Oakland County Lawyer for Felon in Possession of a Firearm | Bloomfield Hills, MI

Are you under investigation for possessing a firearm as a convicted felon? If so, don’t speak a word to law enforcement and contact J. Dallo of Dallo Law, P.C.. Attorney Dallo and his premier law firm have the unique criminal defense experience needed to fight a felon in possession of a firearm charge. Our team can commit to your case and give it the one-on-one attention it needs to produce reduced or dismissed charges.

Call Dallo Law, P.C. today to set up your first consultation of charge. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Pontiac, Troy, Waterford Township, Rochester Hills, Royal Oak, Clarkston, Auburn Hills, Novi, Sterling Heights, Birmingham, Bloomfield Hills and Warren.

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Can a Felon Own a Gun in Michigan?

Under the Michigan Penal Code Section 750.224f, it states a person convicted of a felony shall not use, possess, transport, sell, purchase, ship, carry, distribute, or receive a firearm or ammunition in the state of Michigan. The offender must complete all required criteria under the statute and wait three years to have their gun rights reinstated.

However, if a person is convicted of a “specified felony,” they will not possess, use, sell, transport, purchase, carry, receive, ship or distribute a firearm or ammunition after three years. They must instead wait five years and complete the listed criteria under the statute if they want to retain their firearm rights once again.

A “specified felony” is any felony in which one or more of the following circumstances are included during the commission of the crime:

  • Unlawful possession, manufacture, importation, distribution, exportation or dispensing of a controlled substance
  • Use, attempt to use, threaten to use physical force against a person or another’s property
  • Unlawful possession or distribution of a firearm
  • Unlawful use of an explosion
  • Burglary of an occupied dwelling or breaking and entering an occupied dwelling
  • Arson

Please note that a felony defined under the Michigan Penal Code is any law violation in this state, or another state, that is punishable by imprisonment for 4 years or longer.

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What Happens If a Felon Gets Caught with a Gun in Michigan?

If you willfully and intentionally possess a firearm despite Michigan’s laws, you’ll be charged with a felony offense. You will face criminal charges regardless of how many weapons or ammunition are involved, and every time this section is violated it will be treated as a separate offense. So, if you go hunting twice and violate this section, you could be facing two charges instead of one.

A violation of MCL 750.224f is punishable by:

  • Up to 5 years in prison
  • A possible fine of up to $5,000

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Can a Felon Get Their Gun Rights in Michigan?

Although Michigan has strict laws prohibiting felons from owning guns, that doesn’t mean you can never restore your right to own a firearm. If you were convicted of a general felony, you can own a firearm after 3 years has passed since your conviction and once all the following has been completed.

  • You paid all your fines imposed after the conviction
  • You served your term of imprisonment
  • You successfully completed the conditions of your probation or parole

If you were charged with a “specified felony,” then you can own a firearm after 5 years of your conviction. You will also have to complete all of the following to restore your firearm rights.

  • All fines related to the conviction are paid
  • You served your term of imprisonment
  • Your rights to possess or own firearms/ammunition were restored by a court order

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Additional Resources

Felon in Possession of a Firearm | Michigan Statutes – Visit the official website for the Michigan Legislature to learn more about how a felon can restore their gun rights, what happens if they violate the law by owning a firearm, and other important information.

Restoration of Gun Rights: Instruction Sheet – Visit the official website for the third circuit court in Michigan to learn more about how you can restore your gun rights. Access the site to find the forms needed, instructions for the form, and additional documentation you may need.

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Bloomfield Hills Firearm Defense Lawyer | Felon Possessing Firearms

If you or someone you know has been arrested for possessing a firearm as a felon, it’s important you seek legal representation. Firearm crimes attorney J. Dallo has years of experience he can apply to your case. He can analyze your case in-depth and develop a defense designed for your case.

Call Dallo Law, P.C. today at (248) 283-7000 to set up your first consultation.  Dallo Law, P.C. is located in Bloomfield Hills, but we accept clients throughout Oakland County and Macomb County, Michigan.

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