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Felon in Possession Firearm question

ghart129

New member
Joined
Jul 14, 2010
Messages
1
Location
madison heights
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.
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
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.
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
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:

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
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/0,1607,7-127-1633_11619-123989--,00.html#35

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

OC4me

Regular Member
Joined
Jan 14, 2009
Messages
750
Location
Northwest Kent County, Michigan
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).
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
From: http://www.michiganprosecutor.org/alger/Articles/Gun Laws.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.
 

kryptonian

Regular Member
Joined
Apr 26, 2010
Messages
245
Location
, ,
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.
 

CharleyMarbles

Regular Member
Joined
Jun 3, 2010
Messages
151
Location
Clio, Michigan, USA
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 :)
 

jeremy05

Regular Member
Joined
May 18, 2009
Messages
426
Location
Arizona, ,
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.
 

OC4me

Regular Member
Joined
Jan 14, 2009
Messages
750
Location
Northwest Kent County, Michigan
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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