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I have been researching this and have came up empty handed.

If you are convicted of a felony you are not allowed to carry any firearm period. My question is how would a person that is convicted of a non-violent crime such as DUI or DWLS (driving with license suspension) or anything of the nature restore their civil right and be able to lawfully hunt with a firearm? Or is this never going to be a possiblity. I have E-mailed several Conservation Officers to help with the questions in research but have not even recieved one reply! I was hopeing that maybe one of the many educated people of this forum could help. Thank you in advance:)
 

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DUIs and DWLS aren't a felony. I've never heard that guys busted for those misdemeanors couldn't hunt with a gun.

Unless your talking an habitual offender. 3 or more DUIs I believe is a felony.
 

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FIREARMS (EXCERPT)
Act 372 of 1927


28.424 Restoration of rights by concealed weapons licensing board; application; fee; determination; circumstances; judicial review.

Sec. 4.

(1) A person who is prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f(2) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.224f of the Michigan Compiled Laws, may apply to the concealed weapons licensing board in the county in which he or she resides for restoration of those rights.

(2) Not more than 1 application may be submitted under subsection (1) in any calendar year. The concealed weapons licensing board may charge a fee of not more than $10.00 for the actual and necessary expenses of each application.

(3) The concealed weapons licensing board shall, by written order of the board, restore the rights of a person to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm if the board determines, by clear and convincing evidence, that all of the following circumstances exist:

(a) The person properly submitted an application for restoration of those rights as provided under this section.

(b) The expiration of 5 years after all of the following circumstances:

(i) The person has paid all fines imposed for the violation resulting in the prohibition.

(ii) The person has served all terms of imprisonment imposed for the violation resulting in the prohibition.

(iii) The person has successfully completed all conditions of probation or parole imposed for the violation resulting in the prohibition.

(c) The person's record and reputation are such that the person is not likely to act in a manner dangerous to the safety of other persons.

(4) If the concealed weapons licensing board pursuant to subsection (3) refuses to restore a right under this section, the person may petition the circuit court for review of that decision.


History: Add. 1992, Act 219, Imd. Eff. Oct. 13, 1992
Compiler's Notes: Former section 4 of this act was not compiled.
Popular Name: CCW
Popular Name: Concealed Weapons
Popular Name: Right to Carry
Popular Name: Shall Issue


© 2006 Legislative Council, State of Michigan
 

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My ex brother inlaw was convicted ofa feloney back in the late 80's and was not allowed to carry a fire arm as long as he was on probation but once the probation was over he could hunt again but he can not buy a hand gun.
 

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You are most welcome!
 

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There have been some changes to the law quoted above.

From the MSP website:

28. Is it possible to have my felony record from 20 years ago cleared so I can purchase a firearm?

MCL 780.621 allows a person to apply to have their felony conviction set-aside if it is their only conviction. If/when the set-aside is granted, you would be eligible to purchase or possess a firearm. MCL 750.224f If the felony conviction was "non-specified", you would be eligible to possess a firearm eight years after the date of conviction or confinement and 3 years after release from probation or parole, whichever is the later date, if that date is before July 1, 2001. If the date is after July 1, 2001, only a set-aside, expungement, or pardon would allow you to possess a firearm. If the felony conviction was "specified", you must either have been granted a restoration of your firearms rights by your local county gun board prior to July 1, 2001, or have a set-aside, expungement or pardon. A "specified" felony is one in which 1 or more of following circumstances exist: An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance. An element of that felony is the unlawful possession or distribution of a firearm. An element of that felony is the unlawful use of an explosive. The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.
 

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THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.224f Possession of firearm by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; “felony” and “specified felony” defined.

Sec. 224f.

(1) Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:

(a) The person has paid all fines imposed for the violation.

(b) The person has served all terms of imprisonment imposed for the violation.

(c) The person has successfully completed all conditions of probation or parole imposed for the violation.

(2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:

(a) The expiration of 5 years after all of the following circumstances exist:

(i) The person has paid all fines imposed for the violation.

(ii) The person has served all terms of imprisonment imposed for the violation.

(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.

(b) The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored pursuant to section 4 of Act No. 372 of the Public Acts of 1927, being section 28.424 of the Michigan Compiled Laws.

(3) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $5,000.00, or both.

(4) This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm.

(5) As used in this section, “felony” means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more, or an attempt to violate such a law.

(6) As used in subsection (2), “specified felony” means a felony in which 1 or more of the following circumstances exist:

(i) An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(ii) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.

(iii) An element of that felony is the unlawful possession or distribution of a firearm.

(iv) An element of that felony is the unlawful use of an explosive.

(v) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.


History: Add. 1992, Act 217, Imd. Eff. Oct. 13, 1992


© 2006 Legislative Council, State of Michigan



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Rendered 1/5/2006 13:33:25 Michigan Compiled Laws Complete Through PA 258 of 2005
© 2006 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
 
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