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Domestic Violence and Gun rights restoration...

Middleville, MI |

Is there anyway possible to restore my gun rights after being convicted of domestic violence 10 years ago. 2 counts back then.... maybee one other type of classification of "domestic" but not the same, i was told...

Deaf person is seeking a right to carry in michigan but have been convicted of Domestic Violence in 1999 2001 Different classifications tho i was told... not same charge... not a Obitual offender at all. State of Michigan Police told me that i have a right to own firearms under the STATE but According to the Federal Government NO Im buying a shot gun no matter what! will i got to jail by local enforcement if they find out i have one? and Being DEAF> should Automatically have the right to own one.

Attorney Answers 1

Posted

Under federal law, it is unlawful for any person who has been convicted of a misdemeanor crime of domestic violence to transport, possess, or to receive any firearm or ammunition. [18 U.S.C. 922(g)(9)] You could face up to 10 years in federal prison for violating this law. There is no exception for deaf persons.

DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com

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3 comments

Asker

Posted

He was never conficted

Asker

Posted

conficted huh, and actually the lawyer is wrong, it takes five years from the end of probation/fines to be able to get your rights back. you have to go in front of the weapons licensing board for the county you reside. It is true that federal laws prohibits DMV from having guns, but under the 6th circuit court they ruled against that for the state (http://law.justia.com/cases/federal/appellate-courts/F3/305/593/593087). you may be denied and then you have to take it to the circuit court. if it goes that far look into getting a lawyer that specializes in gaining gun/civil rights back. As long as you stayed out of trouble since then you have a chance. it depends on state to state though so dont go to another state and expect you can have a gun, some follow federal law others are less. I found something saying that Minn. is only three years until you can gain rights back

Christine Marie Heckler

Christine Marie Heckler

Posted

Sorry, I am not wrong. The case that you are referring to, United States v. Wegrzyn, 305 F.3d 593 (6th Cir. 2002), was essentially overruled by the United States Supreme Court in 2007. For confirmation, I would refer you to the following 2012 decision of the 6th Circuit Court of Appeals which explicitly overrules the case you cited and makes clear that a person who has been convicted of domestic violence under Michigan law is prohibited from possessing a firearm under federal law and remains subject to criminal indictment. http://www.ca6.uscourts.gov/opinions.pdf/12a0347p-06.pdf However, a person convicted in Michigan may be able to legally possess a firearm if they successfully get the conviction expunged (termed "set aside" in Michigan).