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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25984
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If I have a misdemeanor can I get my gun rights back, It was

Customer Question

If I have a misdemeanor can I get my gun rights back
JA: What state is this in? And can you tell me a little more about the charge?
Customer: It was in mi I was camping we were drinking I had a seizure apparently I kicked a cop when I was coming out of the seizure the attorney I hired made a plea which gave me a misdemeanor I was up there working at the time this happened
JA: Has anything been filed or reported?
Customer: Yes I went to court and did what they ask it has been a few years but I tried to buy a shot gun and was denied so that is how I found out about my gun rights
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm just an honest working dad who wants to enjoy my freedom of my constitional rights with my son and daughter who are getting into the period of their life where they want to hunt with me.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 4 months ago.

So long as this misdemeanor was not a crime of domestic violence, and unless the misdemeanor was one that could be punishable by more than a year in jail, you should have your gun rights still and should be able to buy a weapon once any protective order issued because of the case is no longer in effect. If you are still declined, you'd need to appeal the denial.

On the other hand, Michigan does have something called a "high court misdemeanor" which has a maximum possible sentence of two years of incarceration. If you pled to a high court misdemeanor, then you did lose both your state and Federal gun rights.

Under those circumstances, in order to get your gun rights back in Michigan, you'd need to get your old case expunged. That expungement must specifically state that your rights are restored. Otherwise, if it does not or if you're not eligible for an expungement, you'd need a pardon from the governor of Michigan to restore your rights

.

Here's the application for expungement in Michigan. And here's the pardon application as well. Neither requires a lawyer.

Good luck!

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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