Restoration of Firearms Rights in Michigan After Felony Conviction

When Can You Legally Possess a Firearm Again After a Felony in Michigan?

For many people, the loss of firearm rights after a felony conviction feels permanent. Michigan law does provide a path for certain individuals to regain firearms rights, but these rights return only under state law. For decades, federal law continued to block possession of modern firearms even after Michigan restoration. With the Department of Justice’s recent rule reactivating the federal relief process under 18 U.S.C. 925(c), people with older non-violent convictions finally have a meaningful way to pursue full restoration of their federal firearm rights. Understanding how Michigan and federal law interact is essential because the two systems do not operate together.

Important Update: New Federal Pathway for Restoring Firearm Rights

The new federal rule allows eligible individuals to petition the U.S. Attorney General, through the Office of the Pardon Attorney, for removal of the federal firearms disability. In the past, this relief existed only on paper because agencies were not permitted to process applications. The new rule changes that landscape. For people with non-violent felony convictions who have maintained law abiding lives, federal relief may now be possible. This means that individuals who regain their Michigan rights may also be able to lawfully possess modern firearms again, provided the federal disability is removed.

Even with this new opportunity, it is critical to remember that federal and state law must be satisfied separately. Michigan may say yes while federal law still says no, and that federal prohibition carries serious criminal consequences, including up to 15 years in prison

Initial Limitations After Michigan Restoration

Michigan law provides that if you have been convicted of a felony you may not use, possess, transport, sell, or carry a firearm for either three or five years, depending on the nature of the felony. After this time has elapsed, your rights may return automatically, or you may be required to petition the court. Historically, the only firearms many individuals could legally possess after Michigan restoration were antique style firearms, such as muzzle loaders or black powder rifles, because federal law still applied, preventing the possession of modern firearms or ammunition. With the new federal petition process, eligible individuals may now pursue full restoration of their federal rights so they can possess modern firearms again.

What’s the Difference Between Specified and Non-Specified Felonies?

Michigan Compiled Laws 750.224f defines a felony as any offense punishable by one year or more of imprisonment or an attempt to commit such crime.. Specified felonies include offenses involving force, substantial risk of force, controlled substance manufacture or trafficking, or firearm possession, explosives use, or burglary of an occupied building, or arson. Non-specified felonies are all other felonies.  These include a wide variety of offenses that do not necessarily involve violence or the risk of violence.

How Michigan Felonies Create a Separate Federal Prohibition

Regardless of how Michigan classifies your offense, federal law has its own definition. Under 18 U.S.C. 922(g)(1), anyone convicted of an offense punishable by more than one year in prison is prohibited from possessing firearms or ammunition. This includes most Michigan state felonies. The federal disability applies even if a Michigan court restores your rights. It also applies even if the Michigan conviction occurred many years ago and you have had no further legal issues. Federal law must be cleared on its own terms.

How Long Must You Wait Before Seeking Firearms Restoration Under Michigan Law?

If you were convicted of a non-specified felony, you may not possess firearms until three years have passed after all fines are paid, all terms of imprisonment are complete, and all probation or parole conditions are satisfied. After these three years, your limited Michigan firearms rights return automatically.  You will not need to seek reinstatement of your rights under State law. However, you will still be precluded under Federal law and must seek reinstatement.

For specified felonies, you must wait five years before filing a petition in the circuit court where you reside. A hearing is usually required, and the judge must evaluate your history and conduct.  Your firearms rights will not automatically return, unless there is an expungement or pardon of the underlying crime. If there is no expungement or pardon available, then you must seek reinstatement of your rights under State law.  However, you will still be precluded under Federal law and must seek reinstatement, this is true even with an expungement.

Federal Waiting Periods Under the New Rule

The new federal rule uses a tiered system. For most non-violent felonies, the waiting period is five years after all components of your sentence are complete. For more serious offenses, the waiting period may be ten years. Violent felonies, sex offenses, and certain human trafficking or high-risk convictions are presumptively ineligible unless extraordinary circumstances exist. These federal timelines do not depend on Michigan’s three- or five-year periods.

What Should You Know Before Seeking to Restore Your Firearms Rights?

Many people are surprised to learn that Michigan’s restoration or even expungement process does not determine federal eligibility. Restoring your rights under Michigan law may allow you to possess certain antique style firearms, but modern firearms remain prohibited until federal law is satisfied. With the new DOJ petition process, eligible individuals may be able to remove the federal disability entirely. Petitioners must still be cautious. Submitting the wrong information or misunderstanding eligibility can lead to delays or denials.

What Is the Federal Petition Process?

A petition for federal relief is detailed and requires strong supporting evidence. Applicants must document their conviction history, show that all terms of the sentence have been completed, and demonstrate stability through employment, community involvement, and character statements. The Office of the Pardon Attorney evaluates whether restoring rights is consistent with public safety and the public interest. The government reviews criminal history, compliance since release, substance use concerns, and any new arrests.

If relief is granted, the federal prohibition is removed for purposes of possession and federal background checks. If denied, applicants must typically wait five years before reapplying.

What Is the Process for Restoring Rights After a Specified Felony Under Michigan Law?

If your conviction was for a specified felony, you must file a petition after the five-year waiting period. At the hearing, the judge must find clear and convincing evidence that your record and reputation show you are not likely to act in a manner dangerous to the safety of others. If this standard is met, the law requires the judge to restore your Michigan firearms rights. This statute does not apply to convictions that have been expunged or set aside, or those for which you have been pardoned, unless the order expressly states otherwise.  However, expungement in Michigan is not recognized by the Federal law as a full restoration of rights.  You must still go through the Federal process.

Why You Must Address Both Michigan and Federal Law to Be Fully Legal

It is possible to be fully restored under Michigan law yet still prohibited under federal law and vice versa. This can place individuals at risk without them realizing it. To be fully legal, you must satisfy both systems. This may involve automatic restoration, a Michigan petition, an expungement, or a federal petition under the new 925(c) rule. Our firm evaluates each client’s eligibility under all approaches so that no one is left assuming they are legal when federal law still imposes restrictions.

If you are unsure where you stand, we can review your history, explain your options, and help you pursue the relief that best fits your situation.