Unfortunately, the concept of a convicted felon serving the time and getting on with his or her life is often just a fantasy. Even after completing your prison sentence, paying all fines and fees, and complying with the terms of parole, there are numerous collateral consequences you will have to deal with if you have a felony conviction on your record. One right you will be deprived of (for a period of at least three years) is being legally barred from possessing a firearm. This can earn you another felony charge and wreak havoc on your professional life.
Michigan Law vs. Federal Law
Federal law permanently bars a convicted felon from possessing a firearm. The state of Michigan, however, allows felons to regain their second amendment rights if certain conditions are satisfied (and after a certain amount of time has passed).
Those convicted of some felonies are able to apply to have firearm ownership rights reinstated after 5 years have passed. These types of felonies include use (or threats of use) of physical force against a person or property; unlawful manufacture, possession or distribution of a controlled substance; felonies that have to do with unlawful uses of explosives or firearms; arson; burglary; or breaking and entering into an occupied dwelling. The five-year waiting period starts after you have completed your prison sentence, paid all fines and fees, completed parole and probate obligations, and had your second amendment rights restored by a state circuit court.
Felonies not listed above generally result in a three-year waiting period before regaining your second amendment rights. During either the five-year or three-year waiting period, you cannot possess, use, transport, sell, or purchase a firearm or ammunition in the state.
Felon in Possession of a Firearm
Because the charge of a felon possessing a firearm involves prior convictions, the penalties and consequences can be quite severe. A convicted felon unlawfully possessing a firearm is facing up to five years in prison and a fine of $5,000.
The effects on your professional life can be just as devastating. Nearly every professional licensing board in Michigan requires applicants and current license holders to disclose felony convictions, and many require licensees and applicants to disclose charges.
If you have had the determination and tenacity to rebuild your professional standing after a felony conviction or plea bargain and have your livelihood threatened once again due to firearm possession, you need an attorney who is a cut above the rest.
Attorney J. Dallo has the knowledge, experience, and savvy to mount the best possible defense against any felony charges you are facing. Are you feeling anxious, stressed, or downright frightened? Then you’ve come to the right place. Our firm goes the extra mile for our clients and pulls out all the stops to ensure that your case gets the attention it needs.
We routinely defend clients who, frankly, have a lot to lose—professionally and socially. How is your family going to cope with your potential absence? Whatever is keeping you up at night, we’ve got you covered. Call us and get a real person on the phone right now at 248-283-7000.