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Thread: Felon in Possession Firearm question

  1. #1
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    Felon in Possession Firearm question

    I have heard that depending on the crime after 7 years you can possess a firearm. Can anyone help me out with that I have tried my attorney but didnt get a call back yet.

    If I was OC and was stopped by the Police on a public street not doing anything but walking my dog and they demand my ID what can I say. I live in Madison Heights and the police for the most part are good.

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    Regular Member PDinDetroit's Avatar
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    IANAL

    Please see the following:

    http://legislature.mi.gov/doc.aspx?mcl-750-224f

    I would definitely discuss this with a qualified attorney prior to possession of any firearm!

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    What does IANAL mean?

    The only part of the question that Im going to answer is that there is no obligation to show ID without reasonable suspicion, or probable cause.

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    IMO, there are very few, if any, felons who should not have their rights. Those felons who shouldnt, probably do anyhow.

    Anyone who couldnt be trusted to walk the streets with a firearm, shouldnt be out walking the streets.

  5. #5
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by stainless1911 View Post
    What does IANAL mean?
    I
    Am
    Not
    A
    Lawyer

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    thanks.

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    Regular Member fozzy71's Avatar
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    Quote Originally Posted by stainless1911 View Post
    What does IANAL mean?
    ...
    FYI - typing that exact question into google will give you the answer.
    "I like users who quote smellslikemichigan in their signature lines." - fozzy71

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    Regular Member Bronson's Avatar
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    Quote Originally Posted by PDinDetroit View Post
    I
    Am
    Not
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    Lawyer
    Huh, if that don't beat all. I always thought it was a declaration of how far someone would go on the first date

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    Regular Member WARCHILD's Avatar
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    I have heard that depending on the crime after 7 years you can possess a firearm.

    Not true, if conviction is a felony. Federal law states a felon can not possess a firearm.
    (I don't have the cite right off hand)

    Even with the news of the state "allowing" a single felony to be expunged; does not negate Federal law. So if you are a convicted felon, don't possess a firearm; much less carry it...OC or CC.

    JMO
    Last edited by WARCHILD; 07-15-2010 at 04:09 PM.

  10. #10
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by WARCHILD View Post
    I have heard that depending on the crime after 7 years you can possess a firearm.

    Not true, if conviction is a felony. Federal law states a felon can not possess a firearm.
    (I don't have the cite right off hand)

    Even with the news of the state "allowing" a single felony to be expunged; does not negate Federal law. So if you are a convicted felon, don't possess a firearm; much less carry it...OC or CC.

    JMO
    IANAL!

    According to the following site, if you have your felony expunged in the state where the felony occurred, then you can possess firearms again with no Federal Restrictions.

    http://felonyguide.com/Felony-Gun-Laws.php

    http://felonyrestrictions.com/Owning-a-Gun.php

    The fact that MCL 750.224f restores your firearm rights (read: civil rights restoration), I believe that a case could be made that the federal laws would be satisfied as well. In addition, MI allows for felons to participate in elections once their sentence is complete.

    http://www.michigan.gov/sos/0,1607,7...9--,00.html#35

    ghart129 - I would contact your lawyer to discuss this information. If possible, expungement would be the best way to go.

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    Are Felons restricted from antique firearms as well? I believe that antique arms might be defined differently in the Federal statutes, but IANAL (now that I know what it means).

  12. #12
    Michigan Moderator DrTodd's Avatar
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    From: http://www.michiganprosecutor.org/al...Gun%20Laws.doc.

    <SNIP>

    Restorations pursuant to Michigan law are misleading, however, because they do not satisfy federal law.

    Federal law prohibits convicted felons from possessing firearms unless they've had their convictions set aside OR had their civil rights fully restored, AND are not subject to any state firearms restrictions.

    And, Michigan law as of October 1, 2003 disqualifies convicted felons from jury service, meaning that this civil right is no longer restored post-sentence, as is the case with the rights to vote and hold public office, and as of July 1, 2001 makes convicted felons permanently ineligible to receive a concealed pistol permit, meaning that they are subject to a state firearm restriction regardless of whether they even apply for a concealed pistol permit; a recent Attorney General opinion concluded that persons who have had their convictions set aside are eligible for concealed pistol permits, however, restorations are insufficient for that purpose because they do not erase the conviction.

    This leaves us with the following situation: if you have a prior felony conviction and have had your right to possess firearms restored under Michigan law, your possession of firearms will still be a violation of federal law both because you haven't had your civil rights fully restored and you remain subject to a state firearm restriction.




    It should be noted that federal prosecutions would have to be predicated on a connection to interstate commerce, however, it is difficult to imagine a firearm without the required nexus to interstate commence resulting from its manufacture and/or subsequent history such proofs pertain to the firearm and not the possessor.

    So, the bottom line is that while either the setting aside of your felony conviction or the restoration of your right to possess firearms will bring you into compliance with Michigan law, only a set aside will enable you to possess firearms under federal law. Still unresolved is the status of persons who were eligible for or in fact received a restoration prior to the recent changes in Michigan law.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Regular Member kryptonian's Avatar
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    felony

    tax evasion is a felony. you think they should be denied a firearm? possession of a short barrel rifle or shotgun is a felony. same offense level as rape in texas. that's what randy weaver was going to be charged with and wouldn't go undercover for feds to dismiss it. the rest is ruby ridge. anybody wonder why Dog the Bounty Hunter doesn't have a gun on his show? he's a convicted felon (armed robbery i think). all stuff to think about when handing down blanket legal condemnation.

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    Campaign Veteran Glock9mmOldStyle's Avatar
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    Smile

    Quote Originally Posted by bronson View Post
    huh, if that don't beat all. I always thought it was a declaration of how far someone would go on the first date

    bronson
    rofl!!!!

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    I have heard, and I dont know if its even true, that you can buy a muzzleloader over the counter. Im not sure if its classified as a firearm.

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    Regular Member CharleyMarbles's Avatar
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    if it has a rifled barrel it is concidered a firearm in MI I know cause I nearly got hammered for a damn pellet rifle!!!!
    for once I had a LEO that was a decent person and he just explained it to me and didn't pound me again. I can only assume that the way I handled myself about the situation made a good impression and so he worked with me. It now lives in my garage till I get my right's back

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    That's a real cop. Knowing when not to use power is what seperates the men from the boys.

    And thanks for the info.

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    Quote Originally Posted by kryptonian View Post
    tax evasion is a felony. you think they should be denied a firearm? possession of a short barrel rifle or shotgun is a felony. .
    Yes all these things show poor judgement in character, lack of moral character, just being a shady person. I do not want this type of person carrying a gun. They make poor choices, I do not want a gun involved in any of their future poor choices. Past behavior is a very good prediction of future behavior.

  19. #19
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    Im glad you diddnt write the constitution.

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    Quote Originally Posted by stainless1911 View Post
    Im glad you diddnt write the constitution.
    Ditto...It's all too easy to commit a felony these days. In fact I wager that we all have at some point or another without even realizing it (or caring). How many of you fellows are guilty of statutory rape because your high-school sweetheart wasn't quite 18. Did you 'remember' to include Grandma's 20 bucks for mowing her lawn as income on your federal tax return. You signed the return under penalty of perjury and perjury is a felony. Have you ever returned from Canada or Mexico with undeclared items? I could go on! Its not tyranny so long as somebody else gets caught, right?

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    Regular Member CharleyMarbles's Avatar
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    Quote Originally Posted by jeremy05 View Post
    Yes all these things show poor judgement in character, lack of moral character, just being a shady person. I do not want this type of person carrying a gun. They make poor choices, I do not want a gun involved in any of their future poor choices. Past behavior is a very good prediction of future behavior.
    REALY ! ! ! apperently you haven't read my thread about my situation there is a differance between makeing a poor decision. And being a criminal. And I might point out for you in all your superiorness that the people you should be concerned with are the ones who don't bother to ask questions. They are the ones who are out there CARRYING ILLEAGLY ! ! ! ! !

    Have a nice day but please take the time to realize some of us are good people who made mistakes. We are NOT a threat and we to have FAMILY'S who DESERVE protecting ! ! ! ! ! !

    P.S. I don't know how to link my thread so if anyone knows how feel free to link it here so the high and mighty can get a read on what can happen when you allow yourself to take actions that are NOT violent but still NOT leagle. Irreguardless of whether or not it makes perfect sence to most
    Last edited by CharleyMarbles; 07-16-2010 at 02:53 PM.

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    Regular Member kyleplusitunes's Avatar
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    i have an idea, don't break the law, and you'll be able to carry a gun. Obviously if you are charged with a felony, you're doing SOMETHING wrong. a crime is a crime, don't commit them and you'll be fine.

  23. #23
    Regular Member pmcqueen37's Avatar
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    Quote Originally Posted by CharleyMarbles View Post
    REALY ! ! ! apperently you haven't read my thread about my situation there is a differance between makeing a poor decision. And being a criminal. And I might point out for you in all your superiorness that the people you should be concerned with are the ones who don't bother to ask questions. They are the ones who are out there CARRYING ILLEAGLY ! ! ! ! !

    Have a nice day but please take the time to realize some of us are good people who made mistakes. We are NOT a threat and we to have FAMILY'S who DESERVE protecting ! ! ! ! ! !

    P.S. I don't know how to link my thread so if anyone knows how feel free to link it here so the high and mighty can get a read on what can happen when you allow yourself to take actions that are NOT violent but still NOT leagle. Irreguardless of whether or not it makes perfect sence to most
    http://forum.opencarry.org/forums/sh...ith-a-question

  24. #24
    Michigan Moderator DrTodd's Avatar
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    A person doesn't even have to break any laws to be barred from possessing a firearm.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  25. #25
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    Quote Originally Posted by kyleplusitunes View Post
    i have an idea, don't break the law, and you'll be able to carry a gun. Obviously if you are charged with a felony, you're doing SOMETHING wrong. a crime is a crime, don't commit them and you'll be fine.

    Oh, like riding a bycicle with your children while OC without a CPL? Thats a great reason to bar someone from their God given rights, take them away from those kids (because they have committed such a heinous, dangerous act) until those kids are in their teens. All the while getting @$$ raped in prison, never getting a decent job, and never being able to defend themselves. Oh, and ruin them financially while we're at it. Right, good idea, wish I had thought of that law.

    Oh, but if that person followed OCDO daily, and could qualify for, or could afford, or beleived in the CPL system, that kind of thing wont ever happen.

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