Firearm Rights Restoration

For the first time in decades, there is a real path for certain people with older, non-violent felony convictions to regain their federal firearm rights. A recent rule issued by the Department of Justice reactivates the relief process found in 18 U.S.C. 925(c) and creates a structured way to petition the Attorney General for restoration of federal firearm privileges. This is an important development for many people in Michigan who have lived law abiding lives for years but remain unable to legally possess a firearm under federal law.

At Barone Defense Firm, we are closely following this new rulemaking and have already begun assisting clients who want to understand whether they qualify and how the process works. Because firearm laws involve both state and federal systems, and because each system evaluates convictions differently, careful legal analysis is essential. Our team brings decades of experience in gun rights cases, Michigan restoration matters, expungement, set aside petitions, and complex federal firearms law.

Under federal law, anyone convicted of a crime punishable by more than one year in prison is barred from possessing firearms or ammunition. This includes Michigan state felonies, even when the case was not in federal court. In other words, a Michigan felony often creates two separate problems:

• A disability under Michigan law, governed by MCL 750.224f.
• A federal firearms disability under 18 U.S.C. 922(g), enforced nationwide.

Many people regain their Michigan gun rights automatically or by petitioning a state court. However, they still remain federally prohibited. This creates real legal risk. A person who purchases or possesses a firearm believing they are legal under Michigan law can still face a federal felon in possession charge if the federal disability has not been removed. That is a possible 15-year felony by itself.

For many years, the federal relief process existed only on paper because Congress barred agencies from processing applications. The new rule finally reopens this path by directing the Attorney General, through the Office of the Pardon Attorney, to evaluate petitions for restoration on a case-by-case basis.

Key features of the new rule include:

• A structured federal petition process for people seeking relief.
• Review of criminal history, completion of all sentence terms, employment and community stability, and any substance abuse or mental health concerns.
• A focus on people with non-violent felonies who have demonstrated many years of law abiding behavior.
• A tiered waiting system. Most nonviolent felonies require about five years after all sentence components are complete. More serious or violence related convictions often require ten years or may be presumptively ineligible.
• An individualized safety assessment that considers whether restoring rights is consistent with public safety and the public interest.

If granted, this relief removes the federal disability for purposes of firearm possession and NICS background checks. If denied, applicants typically must wait five years before trying again.

The new rule is intended to help people who have put their lives back together after a non-violent felony. Examples may include:

• Drug possession offenses.
• Property related felonies that carried more than a year of possible imprisonment.
• Nonviolent fraud or regulatory offenses.
• Domestic violence related convictions that did not involve force or threats, although these are scrutinized closely.

On the other hand, violent felonies, sex offenses, and other high-risk categories are presumed to be ineligible unless extraordinary circumstances exist.

This is why careful case screening is essential. Our attorneys evaluate both the underlying conviction and the client’s full history to determine whether a federal petition is realistic or whether alternative avenues, such as expungement or set aside, may offer better relief.

Michigan law and federal law operate independently. To be fully legal, a person needs to be clear under both systems. That usually requires:

• Restoration under Michigan law, either automatically or by court order depending on the conviction or a formal expungement or set aside.
• A pardon or a federal firearm rights restoration under 18 U.S.C. 925(c).

This is a common point of confusion. Many people believe that once Michigan restores their rights, they are legal everywhere. In fact, automatic Michigan restoration does not always count as full restoration of civil rights under federal standards. As a result, a person can be legal in Michigan but still prohibited federally, which exposes them to significant criminal liability. Michigan has even issued Concealed Pistol Licenses (CPLs) to individuals that face a 15-year Federal felony, if caught in possession of a firearm of any kind.

Our firm advises clients on how to avoid this problem and how to make sure that both systems are aligned.

A petition for federal firearm rights restoration is detailed and highly fact driven. It usually includes:

• A full history of the conviction and proof that all sentence requirements are complete, including restitution.
• Evidence of sustained lawful conduct since release.
• Employment and community involvement records.
• Character statements from people familiar with the applicant.
• Proof that the applicant does not pose a danger to public safety.
• A clear explanation of why firearm possession is sought and how it fits within the applicant’s life.

The federal government reviews each petition carefully. Strong preparation can make a significant difference in the outcome.

Our firearm rights restoration attorneys assist clients across Michigan with every stage of the process. This includes:

• Determining eligibility under the new federal rule.
• Coordinating Michigan restoration, expungement, or set aside applications so that both systems align.
• Gathering the evidence needed to demonstrate rehabilitation, stability, and safety.
• Drafting the petition for restoration and communicating with the Office of the Pardon Attorney.
• Advising clients on federal and state law risks while the petition is pending.

We approach these matters with the same care and preparation we bring to our criminal defense work. Our goal is to help clients regain lawful firearm possession in a safe and legally sound manner.

If you have an older nonviolent felony and would like to know whether the new federal relief process can help you, call our office for a confidential consultation. We will explain the law, review your history, and help you understand whether a federal petition or a Michigan restoration proceeding is appropriate in your situation.

You can reach us at 1-877-255-6424 or schedule an appointment with a Michigan gun rights lawyer at Barone Defense Firm. We serve clients throughout the state and are ready to help you move forward.