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Thread: Restoration of rights

  1. #1
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    Restoration of rights

    I have an ongoing problem dealing with the restoration of my rights. I am a convicted felon, and I completed all of the provisions of my sentence back in 1989. I didn't know that I could petition for restoration of my gun ownership rights, but now that I do I am running into nothing but roadblocks. I wrote to the BATF to find out what had to be done to make them happy. Their reply said that all I had to do was get my rights restored through the state, since I had not broken any federal laws. I contacted the Michigan Attorney General's office, and they brushed me off by saying I had to go through the District Court. I contacted the District Court, and they brushed me off to the Michigan Legal Help website because they don't have the forms needed to petition for rights restorations. So, now I am running around in circles trying to find the right forms to get this done.

    The crime I was convicted of did not involve any kind of firearms, and I have nothing to do with drugs. I was arrested because of a story that got told to an alcoholic neighbor, and my court appointed attorney did nothing for me at all. That is the only time in my life that I have ever been in any kind of legal trouble. Does anyone know how or where to find the forms I need to get my rights restored? I cannot find anything listed in any of the sites with court forms. Thank you for any help.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by silverwolf109 View Post
    I have an ongoing problem dealing with the restoration of my rights. I am a convicted felon, and I completed all of the provisions of my sentence back in 1989. I didn't know that I could petition for restoration of my gun ownership rights, but now that I do I am running into nothing but roadblocks. I wrote to the BATF to find out what had to be done to make them happy. Their reply said that all I had to do was get my rights restored through the state, since I had not broken any federal laws. I contacted the Michigan Attorney General's office, and they brushed me off by saying I had to go through the District Court. I contacted the District Court, and they brushed me off to the Michigan Legal Help website because they don't have the forms needed to petition for rights restorations. So, now I am running around in circles trying to find the right forms to get this done.

    The crime I was convicted of did not involve any kind of firearms, and I have nothing to do with drugs. I was arrested because of a story that got told to an alcoholic neighbor, and my court appointed attorney did nothing for me at all. That is the only time in my life that I have ever been in any kind of legal trouble. Does anyone know how or where to find the forms I need to get my rights restored? I cannot find anything listed in any of the sites with court forms. Thank you for any help.
    Recommend that you go to the circuit court, preferably with an attorney and not having the forms is not a valid excuse/reason.
    http://www.legislature.mi.gov/documents/Publications/Firearms.pdf

    http://www.michigan.gov/documents/NSL600_17151_7.pdf
    Last edited by Grapeshot; 03-25-2016 at 03:52 PM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
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    The nearest attorneys

    Quote Originally Posted by Grapeshot View Post
    Recommend that you go to the circuit court, preferably with an attorney and not having the forms is not a valid excuse/reason.
    http://www.legislature.mi.gov/documents/Publications/Firearms.pdf

    http://www.michigan.gov/documents/NSL600_17151_7.pdf
    The nearest attorneys that deal with this are almost 200 miles away around Detroit and other places like Grand Rapids. I got one reply from an office down in Detroit...they sent me a form to fill out and wanted $90 just to see if I am qualified for restoration of my rights, even when I explained the entire story to them. I found one form to seek an investigation of the district court, and am thinking of filing the complaint.

  4. #4
    Regular Member teddyearp's Avatar
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    Your situation is as complicated or as simple as it can be for you. One thing for certain is that it is way too complicated to get an easy answer on a forum site. If you can understand the complexities and nuances of the English language by reading the statues yourself, you can do it your self. Otherwise you need professional legal help. simple as that. I had a felony DUI over ten years ago and as soon as I was convicted I was researching how to get my rights restored. Usually there is no form. You just make a legal pleading to the proper court and refer to the statues that say you should have your rights restored. but like I said, it will take much research on your own, or an attorney.

    good luck

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    If you wish to go it alone, but don't know where to start research-wise, I can empathize with you. Here is an idea, which will require some leg-work.

    1) Find a case (or several) of someone who has successfully restored their rights in Michigan.

    2) Look up their case file at the relevant district court (they should be public records). Not entirely sure, but these case documents may be available online through a system called PACER (using PACER would be a whole heck of a lot easier than going down to the district court).

    3) Read through the entire docket and ask for copies of key court documents (pleadings, motions, etc.)

    In the end, having an attorney may end up the better option. Make sure that the attorney has experience doing this exact thing previously (successfully). Ask them up front!

    Good luck!

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    Regular Member TheQ's Avatar
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    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by TheQ View Post
    Excellent list - everybody should have such in their pocket.

    Good to have established a relationship with the one of choice before needed.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  8. #8
    Regular Member TheQ's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Excellent list - everybody should have such in their pocket.

    Good to have established a relationship with the one of choice before needed.
    It's in my iPhone and my partner's phone.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  9. #9
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    Quote Originally Posted by Grapeshot View Post
    Excellent list - everybody should have such in their pocket.

    Good to have established a relationship with the one of choice before needed.
    Don't forget a bail bondsman ! Unless you are walking around with 15K on you LOL.

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