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Denied a carry permit in Oakland county

Jr-from-MI

Regular Member
Joined
Nov 2, 2008
Messages
31
Location
Bloomfield twp, Michigan, USA
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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?!
 

DanM

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Jul 11, 2008
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1,928
Location
West Bloomfield, Michigan, USA
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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.
 

Jr-from-MI

Regular Member
Joined
Nov 2, 2008
Messages
31
Location
Bloomfield twp, Michigan, USA
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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.
 

cobra

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Joined
Jun 14, 2008
Messages
43
Location
, Michigan, USA
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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
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
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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.
 

cobra

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Joined
Jun 14, 2008
Messages
43
Location
, Michigan, USA
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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?
 

Jr-from-MI

Regular Member
Joined
Nov 2, 2008
Messages
31
Location
Bloomfield twp, Michigan, USA
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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.
 

Jr-from-MI

Regular Member
Joined
Nov 2, 2008
Messages
31
Location
Bloomfield twp, Michigan, USA
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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.
 

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
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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.
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
imported post

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
 

cobra

Regular Member
Joined
Jun 14, 2008
Messages
43
Location
, Michigan, USA
imported post

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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