Michigan Gun Rights Restoration After a Felony Conviction

At Neumann Law Group, our Northern Michigan criminal defense attorneys help people across Grand Traverse, Wexford, Kalkaska, and the surrounding counties get back the firearm rights they lost after a conviction. A lost gun right reaches hunters, people who need a firearm for work, and anyone who wants to lawfully protect their home. The rules are technical, and a single misread of whether an old offense is a specified felony can send a petition to the wrong court or get it denied. This work sits within the firm’s broader Northern Michigan criminal defense practice, and pulling the exact conviction history is always the first step. If you are unsure which category your record falls into, we can review it and explain your options before you file anything.

Who Loses Firearm Rights Under Michigan Law?

Michigan law bars anyone convicted of a felony from possessing a firearm or ammunition until their rights are restored, and a 2023 amendment extended the bar to certain domestic violence misdemeanants. Under MCL 750.224f, a felony now means any offense punishable by more than one year, and a conviction for a misdemeanor involving domestic violence carries an eight-year firearm prohibition. Possessing a firearm while barred is itself a felony punishable by up to five years.

The statute splits felonies into two groups. A specified felony is one whose elements involve the use or threatened use of force, a controlled substance offense, an unlawful firearm offense, the use of an explosive, or the burglary or arson of an occupied dwelling. Everything else is treated as a non-specified felony. Public Act 201 of 2023, which took effect in 2024, widened the category of prohibited persons and renamed these cases prohibited person in possession charges. Michigan State Police guidance issued in 2025 walks through how the expanded rules apply.

The correct route depends on a few threshold questions:

1. Confirm the conviction is a felony or a domestic violence misdemeanor, since only those trigger the firearm bar.
2. Determine whether a felony is a specified felony, because specified felonies never restore automatically and require a court petition.
3. For a non-specified felony, check whether three years have passed since the sentence, fines, and probation or parole were all completed.
4. If the conviction qualifies to be set aside, weigh expungement as an alternative or addition to a restoration petition.

When Do Gun Rights Restore Automatically?

For a felony that is not a specified felony, Michigan restores firearm rights automatically once three years have passed after the person paid all fines, served all terms of imprisonment, and completed every condition of probation or parole. Ammunition rights return on that same three-year timeline. No court order is required, but the conviction must be non-specified for this automatic path to apply.

That makes correct classification the whole game. Someone who assumes their rights came back automatically, when the conviction was actually a specified felony, is committing a new five-year felony every day they keep a firearm. We see this most often with old assault, controlled substance, and home invasion convictions that people do not realize fall on the specified side of the line.

How Does a Firearm Rights Restoration Petition Work?

A person barred by a specified felony must file a petition in the circuit court of the county where they live, not the county where the conviction happened, under MCL 28.424. For residents of the Grand Traverse area, that is the 13th Circuit Court, which hears felony matters for Antrim, Grand Traverse, and Leelanau counties. The court may restore firearm rights only if the petitioner proves by clear and convincing evidence that five years have passed since the sentence was completed and that their record and reputation show they are not likely to act in a manner dangerous to others. The county prosecutor is an interested party and can oppose the petition or appeal a grant. Only one petition may be filed in any twelve-month period, so a denial means waiting another year. At the hearing, the court reviews the petitioner’s evidence of rehabilitation, employment, and conduct since the conviction, and the prosecutor may cross-examine before the judge rules. Because the standard is demanding, the strength of the supporting record usually decides the outcome.

Restoration petitions turn on the quality of the evidence, not just the passage of time. The attorneys on our criminal defense team prepare these petitions with the rehabilitation record, employment history, and character references a circuit judge expects to see, and we appear at the hearing to answer the prosecutor’s objections. A no-cost case review will tell you whether your conviction even requires a petition or has already cleared on its own.

Does Restoring State Gun Rights Restore Federal Rights?

No. Restoring firearm rights under Michigan law does not lift the separate federal prohibition. Under federal law (18 USC 922(g)(1)), anyone convicted of a crime punishable by more than one year cannot possess a firearm, and a Michigan restoration order does not erase that federal bar. A person with restored state rights can still be charged federally, which is why the order alone is rarely the complete answer.

There are narrow exceptions. Federal law treats antique and black powder firearms differently, so a person with state rights restored may, in narrow circumstances, lawfully possess a qualifying antique or black powder firearm, though this should be confirmed with counsel before handling one. For modern firearms, having the conviction set aside is generally a stronger position than a restoration order alone, though federal firearm restoration remains limited and is a separate analysis. People facing this overlap, or any related federal criminal charge, should map out the state and federal pieces together before touching a firearm.

How Expungement and Gun Rights Work Together

A conviction set aside under Michigan’s Clean Slate Act generally erases the firearm disability that came with it, because the prohibited person statute does not apply to an expunged or pardoned conviction unless the order expressly says otherwise. For many people, an expungement under MCL 780.621 is a cleaner path to firearm eligibility than a restoration petition, and it may help with federal eligibility, though federal firearm restoration remains limited and is a separate analysis. Whether you pursue Michigan Clean Slate Act expungement, a restoration petition, or both depends on whether the conviction qualifies to be set aside in the first place.

How Neumann Law Group Handles Restoration Cases

We start by pulling the full criminal history and classifying each conviction as specified or non-specified, because that one determination controls whether rights have already returned, require a circuit court petition, or call for an expungement instead. For petitions, we build the rehabilitation record a judge weighs and prepare for the prosecutor’s objections rather than treating the hearing as a formality. The firm represents clients in restoration and firearm matters throughout Northern Michigan and across the state, and we travel to clients when that is easier than a trip to the office.

Frequently Asked Questions About Gun Rights Restoration in Michigan

Can a Felon Ever Own a Gun Again in Michigan?

Yes. Many people convicted of a felony in Michigan can lawfully possess firearms again, either through automatic restoration after a waiting period, a circuit court petition under MCL 28.424, or by having the conviction set aside. The path depends on whether the offense is a specified felony, and a separate federal bar may still apply to modern firearms.

How Long After a Felony Can You Restore Gun Rights in Michigan?

For a felony that is not a specified felony, firearm rights return automatically three years after fines are paid, imprisonment is served, and probation or parole is completed. For a specified felony, the person must wait five years and then petition the circuit court under MCL 28.424. The waiting period runs from completion of the sentence, not the date of conviction.

What Is a Specified Felony Under Michigan Gun Law?

Under MCL 750.224f, a specified felony is one involving the use or threatened use of force, a controlled substance offense, an unlawful firearm offense, an explosive, or the burglary or arson of an occupied dwelling. Specified felonies never restore automatically and always require a circuit court petition, no matter how long ago the offense occurred.

Does Expungement Restore Your Firearm Rights in Michigan?

Usually yes. A conviction set aside under Michigan’s Clean Slate Act generally lifts the firearm disability, because the prohibited person statute does not apply to an expunged conviction unless the order says otherwise. Expungement under MCL 780.621 is often a cleaner route to firearm eligibility than a restoration petition, and it may help with federal eligibility, though federal firearm restoration remains a separate and limited process.

Will Michigan Gun Rights Restoration Fix Your Federal Gun Ban?

Not by itself. A Michigan restoration order does not remove the federal prohibition under 18 USC 922(g)(1), which bars anyone convicted of a crime punishable by more than one year from possessing a firearm. Combining a state restoration with an expungement can improve a person’s federal position, but federal firearm restoration remains limited and is a separate analysis.

Related Practice Areas

Firearm restoration often connects to other charges. If you are facing a new weapon allegation, our work on Michigan gun and weapon charges covers felon in possession, carrying a concealed pistol, and related offenses under the same statutes that control restoration.

Speak with a Michigan Gun Rights Restoration Attorney Today

Before you assume your firearm rights came back, or buy a gun on that assumption, let us confirm exactly where your record stands. Neumann Law Group handles Michigan gun rights restoration end to end: we classify the conviction, file the restoration petition when one is needed, and pair it with an expungement when that is the better route to full state and federal eligibility. Call (800) 525-6386 for a free case review, or reach our Traverse City, Grand Rapids, and Detroit offices to get started.