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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30168
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I was denied a purchase of a handgun because of a felony DUI

Customer Question

I was denied a purchase of a handgun because of a felony DUI 21 years ago. I have not gotten as much as a speeding ticket since then. Do I fill out a restoration form in the county I reside and if approved what do I do from there?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

Yes, the petition is filed in the Circuit Court in the county where you currently live. There is a fee for filing, but you can request that it be waived if you can't afford it. The court should have forms for you to do that. Under Mich. Stat., Section 28.424, the judge must restore your rights as long as the following conditions are met:

a) The Petition is filed correctly, and

b) It's been at least 5 years since you were released from jail, completed probation or parole, and paid all fines associated with the conviction.

Once the petition is filed, the judge could schedule a hearing for you to attend, but otherwise, you just have to wait until you get notice that it's done. Once you're approved and your rights are restored, you can purchase guns and/or ammunition.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
Thank you Lucy 1 more question, do I get documentation from the courts to give to the gun dealers for proof of restoration? I was told this needs to be approved by the FBI before I can purchase>
Expert:  Lucy, Esq. replied 1 year ago.

It needs to be approved by a judge, not the FBI. The FBI can't restore gun rights. Once the restoration is processed, the database should be updated and you shouldn't have to do anything else. But it can't hurt to bring the papers, just in case something goes wrong.