FIREARMS LAW & DEFENSE

The Second Amendment is finally receiving the attention it deserves from the Courts. The Right to Bear Arms is being defined, and the restrictions that states can put on that right are being clarified. Regardless of why a person owns a gun, whether for personal protection, hunting, sport shooting, competition and marksmanship shooting, or just because they want to, for those who do, it is part of your life and the lifestyle you enjoy.

In Michigan, as a gun owner, you also have certain imposed responsibilities, many of which not only make common sense, but which aren't always clear.  Some examples: if you have children under 18 living in your home, or you have children under 18 that you know will be in your home, you must have your firearm either physically on your person, or it must be locked up in a manner where a minor child can't get access to it. If you are currently under the restrictions of a PPO for threatening another person, you cannot possess or own a firearm. And, most relevant here, if you are a convicted felon, you cannot own or possess a firearm.

If you have been convicted of a felony, have completed your sentence, and have an otherwise clean record, and you want to exercise your 2nd Amendment rights again, contact our office. We can get your application prepared to submit to the DOJ, so it is ready as soon as the application portal is open for submission. Doing this will allow us the time necessary to get you in line early, before the inevitable waive of applications arrives. Contact us today, your consultation is free, and we can get started right away on gathering all of the information that we will need to have your application ready to submit. Some general information is provided below, but to ensure eligibility, you'll need to come in and meet with our Firearms attorneys and staff who can provide you with more specific information, based on the specific facts of your case.

Firearms Rights Restoration

The Department of Justice has set out a new proposed rule for the restoration of firearms rights. The prior process required a review of restoration applications by a designated unit within the Bureau of Alcohol Tobacco Firearms and Explosives. However, for many years, funding was not provided to the BATFE to fund the positions necessary to review rights restoration applications, which effectively defunded the program.

Now, however, the Department of Justice has opened the Second Amendment Division as part of the Civil Rights Department at the DOJ. As part of this new program, the Department of Justice has removed the authority to review Firearms Restoration Applications from the BATFE and restored it to the Justice Department.

The DOJ set out a proposed rule that they desire to become effective shortly after the New Year in 2026. The process will be in compliance with 18 U.S.C. 925(c) which establishes the criteria for persons who may be eligible to have their rights restored. How do you know if you are eligible?

Restoration Eligibility

The statute sets out the basic requirements regarding eligibility. Those requirements remain the same, only the application process and the agency with reviewing authority has actually changed.

Generally, and we must reinforce that these are general rules, and each person's situation must be reviewed individually to determine actual eligibility to seek an application, the following persons would be candidates for restoration:

1. Non-violent felons, with qualifying convictions who have otherwise clean records and have met the minimum waiting period (usually 5 years, but sometimes 10 depending on the conviction) before applying;
2. Persons who were dishonorably discharged from the military AND who are not otherwise disqualified;
3. Persons with misdemeanor domestic violence convictions, who have otherwise clean records for 10 years after conclusion of sentence;
4. Certain non-citizens who renounced citizenship but have documented character qualities required for restoration;
5. Persons who were previously adjudicated by a court to be mentally incompetent and unable to own a firearm, who have subsequently been restored to competency by order of the Court

Restoration Ineligibility

As with eligibility, the statute also provides that certain persons are generally ineligible for consideration for firearms rights restoration. Generally speaking, the following persons are barred from consideration for restoration of rights.

1. Violent offense or criminal sexual conduct felonies (rape, murder, robbery etc.);
2. Persons determined to be mentally incompetent by a Court;
3. Persons who are presently serving a sentence for a conviction of any kind (probation, prison, jail or on parole);
4. Persons convicted of certain drug-related offenses (trafficking or trafficking related);
5. Persons who are subject to a domestic violence restraining or protective order;
6. Anyone who has applied for restoration and been denied under 18 U.S.C. 925(c) within the last 5 years.

If you fall into any of these categories, you cannot apply to have your Firearms Rights restored, and any application you submit will be denied by the Department of Justice.

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