Q: Can I get my gun rights re-instated after a Domestic Misdemeanor from 15 years ago?
Hello! Michigander, here. I was charged with a Domestic Misdemeanor in 2008 that I have paid all dues for and completed probation, and have not committed any crimes since. Considering the new Bipartisan Safer Communities Act's five year restriction "after which the right to own a firearm is restored if no additional violent crimes take place", and Gov. Whitmer's 11/2023 House Bill 4945 eight-year rule, can I get my gun rights restored? If so, are they automatically restored from a Federal standpoint? And what do I need to do to restore them at the State level?
Thank you,
-Ryan
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A:
In Michigan, the process for restoring your gun rights after a domestic misdemeanor conviction from 15 years ago can be complex and depends on various factors. The recent changes in state and federal laws you mentioned, like the Bipartisan Safer Communities Act and Governor Whitmer's House Bill 4945, are crucial to consider.
Under the Bipartisan Safer Communities Act, your gun rights may be automatically restored after five years if you haven't committed additional violent crimes. However, the specific requirements and procedures for restoration can vary depending on your circumstances.
Governor Whitmer's House Bill 4945 introduced an eight-year rule for the restoration of certain rights, which might apply to your situation. It's essential to consult with a knowledgeable attorney who can assess your eligibility and guide you through the process.
From a federal standpoint, a domestic misdemeanor conviction can lead to a firearms ban under the Lautenberg Amendment. Even if your rights are restored at the state level, you may still be prohibited from owning firearms under federal law. It's crucial to understand the implications and potential restrictions at both state and federal levels.
To start the process of restoring your gun rights in Michigan, you should consult with an attorney who specializes in firearms and criminal law. They can provide personalized guidance, evaluate your eligibility, and help you navigate the legal requirements to restore your rights, both at the state and federal levels.
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