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Thread: Denied a carry permit in Oakland county

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    I bought my first gun a glock 21 last year and i finally took a the class and went to the Oakland county court house and got finger printed. Almost six weeks later i get a letter in the mail saying i gotta go before the gun board becouse of some trouble i got into when i was 15 years old. I was convicted of unlawfully driving away even though i was not driving and didnt even no the car was stolen. I dont remember the judge saying that if i got into any more trouble within a certain amount of years after that the unlawfully driving away conviction would go on my adult record. Long story short i did get into a little more trouble that same year and it was put on my adult record the unlawfully driving away. I didnt even no i had it on my adult record till last year when i went to bloomfield police station to get my gun permit to buy my glock. They gave me a permit and i bought the gun but with the conviction on my record the gun board would not grant me a carry permit. I looked into trying to get it expunged but every lawyer i talk to said becouse i had two felony youth convictions i could not get the one youth conviction that was put on my adult record expunged. The lawer also said
    that bloomfield police somehow made a mistake giving me a gun permit
    and if i was stopped on the way to the shooting range i could be charged
    with gun possession. Before the lady at the police station gave me the
    permit to buy my gun she said she had to call Lansing becouse ther was a
    red flag on my record. She said they would give me a gun permit even
    though i had the juvenile conviction that i later found out was on my adult
    record as a felony. I need some advice on what i should do the bloomfield
    police said i was ok but the lawyer and the gunboard seem to think
    otherwise. Anyone know what i should do?!

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    Regular Member dougwg's Avatar
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    First, get rid of the gun, sell it.

    Second, talk to a good lawyer.

    Third, learn the difference between "no" and "know".

    Forth, welcome to OCDO, I see you don't post much.

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    They were right. Get rid of all guns and stay away from deadly weapons forever.

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    Regular Member DanM's Avatar
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    Jr-from-MI wrote:
    Anyone know what i should do?!
    In addition to the good feedback above, get involved in youth intervention as much as possible and showyoung hoodlumshow much your felony convictions arecosting you now in terms of your rights, legal headaches, and possibly money.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Im keeping my gun ! I made some bad choices when I was young but that was more then 15 years ago. One of my co workers told me that my gun rights may have been restored since its been more then 10 years and my convictions were non violent.

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    Regular Member dougwg's Avatar
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    You can keep your gun but remember if you're ever caught with it, it's call "Felon in possession of a firearm" which is another felony.

    punishable by imprisonment for not more than 5 years, or a fine of not more than $5,000.00, or both.
    http://legislature.mi.gov/doc.aspx?mcl-750-224f

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    Good luck.

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    Jr-from-MI wrote:
    One of my co workers told me that my gun rights may have been restored since its been more then 10 years and my convictions were non violent.
    "Under Mich. Comp. Laws § 750.224f(4), firearms disability is removed
    three years after completion of all the terms of the sentence, including probation
    or parole, except that persons convicted of a “specified felony” ((involving the
    use of force and distribution of controlled substances) remain subject to the
    disability until 1) five years after the completion of the sentence and 2) their
    firearm privileges have been restored pursuant to the procedure set forth in Mich.
    Comp. Laws § 28.424"

    "Under § 28.424 firearm privileges may be restored by the concealed weapons
    licensing board for the county of the convicted person’s residence five years after the completion of the sentence if the board finds by clear and convincing evidence that “the person’s record and reputation are such that the person is not likely to act in a manner dangerous to the safety of other persons.” Mich. Comp. Laws § 28.424(3)(c)."

    http://legislature.mi.gov/doc.aspx?mcl-28-424

    Because your conviction is not for a 'specified felony', you can disregard the second paragraph and MCL 28-424, however, I don't believe that restoration of rights are automatic and until you know for certain, you really should heed the warnings given regarding Felon in Possession of a Firearm.

    disclaimer: IANAL, and you should definitely consult with one to avoid any criminal liability



  9. #9
    Anti-Saldana Freedom Fighter Venator's Avatar
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    cobra wrote:
    Jr-from-MI wrote:
    One of my co workers told me that my gun rights may have been restored since its been more then 10 years and my convictions were non violent.
    "Under Mich. Comp. Laws § 750.224f(4), firearms disability is removed
    three years after completion of all the terms of the sentence, including probation
    or parole, except that persons convicted of a “specified felony” ((involving the
    use of force and distribution of controlled substances) remain subject to the
    disability until 1) five years after the completion of the sentence and 2) their
    firearm privileges have been restored pursuant to the procedure set forth in Mich.
    Comp. Laws § 28.424"

    "Under § 28.424 firearm privileges may be restored by the concealed weapons
    licensing board for the county of the convicted person’s residence five years after the completion of the sentence if the board finds by clear and convincing evidence that “the person’s record and reputation are such that the person is not likely to act in a manner dangerous to the safety of other persons.” Mich. Comp. Laws § 28.424(3)(c)."

    http://legislature.mi.gov/doc.aspx?mcl-28-424

    I don't belive that restoration of rights are automatic and until you know for certain, you really should heed the warnings given regarding Felon in Possession of a Firearm.

    disclaimer: IANAL, and you should definitely consult with one to avoid any criminal liability

    This is true in MICHIGAN. But is not true under Federal law. Jim Simmons an attorney pointed out that Michigan can restore your firearm rights, but the feds may not. So while in Michigan you would be safe under it's law, but if a fed was involved or you were out of state with your firearm it might be a different matter.

    Just be aware of this.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Well, that certainly complicates things, doesn't it? :?

    Thanks for clarifying, Venator!

    Although the OP is not eligible for expungement because he has more than one felony, what does Federal law say about that scenario?

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    The gun permit part of the Bloomfield police station is closed on Fridays but I will go on Monday and talk to someone about it. They gave me the permit to buy the gun. They did a background check and said i was ok. She said she had to call Lansing to get a approval becouse ther was something on my record that drew up a red flag but she said i met the requirements.

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    Well if that is the case and my gun rights have been restored I still would not meet the requirements to get a carry permit becouse you have to meet state and federal requirements right ? Thanks everyone for your info.

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    I agree with get rid of the gun and sell it.

    While this might sound like harsh advice, or a suggestion to go way over board, please understand that a great many of us here have been on the wrong side of the justice system for doing nothing wrong, and we're all too well aware of what it's like to get criminally hassled by police and the courts. It's a very serious thing. In your case, you have an actual conviction you're dealing with, and perhaps legit laws you could be convicted of breaking. It's not something to screw around with.


    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

  14. #14
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    Thank you for your advice

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    If someone is prohibited by 750.224f of possessing a firearm, selling it would also be illegal

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    Well thats just perfect

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    Campaign Veteran smellslikemichigan's Avatar
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    dougwg wrote:
    First, get rid of the gun, sell it.

    Second, talk to a good lawyer.

    Third, learn the difference between "no" and "know".

    Forth, welcome to OCDO, I see you don't post much.
    doug, learn the difference between forth and fourth.:celebrate
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

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    Take the advice and sell the gun, but if you can, find someone that can legally own it and its a plus if they would sell it back to you if you are cleared somehow later.springerdave.

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    I will find out Monday what the Bloomfield twp police say about my problem thank you for your info

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    750.224f does seem to be saying that application for restoration of rights is only required for the specified felons. So does that mean restoration for non-specified felons is 'automatic', once 3 years have passed since all of the following circumstances exist?

    (a) The person has paid all fines imposed for the violation.

    (b) The person has served all terms of imprisonment imposed for the violation.

    (c) The person has successfully completed all conditions of probation or parole imposed for the violation.


    The Federal catch-22 appears to make all of this a moot point though...



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    Regular Member WARCHILD's Avatar
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    I just noticed this thread. I researched this for my son last year. True you can have...ONE...felony expunged. BUT...there are also some misdemeanor violations which default any expungement. i.e. traffic tickets, drunk driving, domestics...and more. Also according to the prosecuting attorney in Flint; The police in Mich. may not prosecute you if your felony was expunged, BUT...depending on the cop and attitudes involved, he can still arrest you for a felony violation of a felon in possesion of a firearm. Hence it doesn't matter what the state says, ultimately it will be a federal charge and prosecution. As the others have said..best thing to do is get a lawyer and get rid of the gun. To avoid the...SALE... of the gun...gift it to someone you trust.

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    Campaign Veteran smellslikemichigan's Avatar
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    PLEASE DON'T ASK THE POLICE WHAT THEY THINK ABOUT YOU COMMITTING A CRIME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    ASK A LAWYER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

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    I wasnt gonna tell them the whole story lmao ! I was just gonna ask them about the restoration of gun rights and getting a gun permit in Oakland county with convictions on your record.

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    smellslikemichigan wrote:
    PLEASE DON'T ASK THE POLICE WHAT THEY THINK ABOUT YOU COMMITTING A CRIME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    ASK A LAWYER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    Good advice, and I would go one step further and obtain legal opinion from multiple attorneys

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    ETA: Sorry. Double tap.

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