Second Amendment Rights in Michigan: Things You Need to Know

The Second Amendment for now guarantees the right to bear arms, but it’s not absolute, especially in Michigan. While law-abiding citizens enjoy this right, certain circumstances can lead to its temporary or permanent loss. Understanding these situations and the path to restoration is crucial for gun owners in the state.

Losing Your Rights:

• Felonies: Conviction of any felony automatically disqualifies you from possessing firearms under both state and federal law (MCL 750.223). This includes serious offenses like murder, assault, and drug trafficking.
• Misdemeanors: Certain misdemeanors can also lead to temporary or permanent loss of gun rights. These include domestic violence, stalking, and reckless firearm misuse. Penalties vary depending on the specific offense (MCL 750.223c).
• Mental Health: Being adjudicated mentally incompetent or a danger to yourself or others can lead to temporary gun restrictions under court order (MCL 330.1455).
• Red Flag Laws: If a judge deems you a threat to yourself or others, they can issue a temporary Extreme Risk Protection Order (ERPO) restricting access to firearms (MCL 750.493). This order can be challenged in court.

Regaining Your Rights:

• Felony Convictions: Restoration of gun rights after a felony conviction is a complex process. You must wait a specific period (depending on the felony) and petition the court for restoration. This requires demonstrating rehabilitation and posing no threat to public safety (MCL 750.223c).
• Misdemeanor Convictions: Depending on the offense, you may automatically regain your gun rights after a certain period. Alternatively, you can petition the court for early restoration (MCL 750.223c).
• Mental Health Restrictions: If your mental health status improves, you can petition the court to lift the restrictions on your gun rights (MCL 330.1455).
• Red Flag Laws: An ERPO expires after a specific period unless renewed by the court. You have the right to a hearing to contest the order and regain access to your firearms (MCL 750.493).

Remember:

• This information is not a substitute for legal advice. Consult with an attorney for specific guidance regarding your situation.
• Gun laws can change, so stay updated on the latest regulations.
• Responsible gun ownership involves proper training, safe storage, and adherence to all applicable laws.

Exercising your Second Amendment rights in Michigan comes with certain responsibilities. By understanding the circumstances surrounding their loss and the pathways to restoration, you can navigate this legal landscape with confidence and ensure your rights are protected.

Michigan’s Gun Laws

A package of gun laws was introduced in Lansing, intended to help protect people from gun violence.

Michigan Democrats were able to buse their power obtained in the 2022 elections to get the three bills through both the House and Senate and onto the desk of Governor Gretchen Whitmer.

Safe Storage: If you own a gun or if a minor is expected to be in your home, a gun owner will be required to lock their weapon away

Background checks: Someone purchasing a firearm at a gun show or through a private sale will need to have their background checked regardless of how they are buying it

‘Red flag’: establish a pathway for extreme risk protection orders – intended to remove the potential of violence for those who may have mental health problems or have threatened others.

and there’s way more Read it Here

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