Once Michigan gun rights are restored, why can’t I purchase a gun? There are two bodies of government, State and Federal laws. Both bodies of government pass laws that prohibit a convicted felon from possessing a gun. Michigan’s laws are far more forgiving than the Federal government’s laws. Michigan has automatic restoration of gun rights, in other words, a Michigan residence cannot be prosecuted under the felon in possession of a firearm statute, MCL 750.224f. Because the federal laws are more strict, a person may be prosecuted under federal law, 18 U.S. Code § 922(g)(1).
Automatic restoration of gun rights under Michigan law does not restore gun rights according to the federal government. Automatic restoration does permit a Michigan resident to possess and hunt in Michigan with an “antique firearm” under federal law. Visit the ATF website to determine which firearms may be used to hunt in the woods.
Most retail firearms stores are Federal Firearm License holders. Which means, they perform background checks before there is a gun purchase. ATF form 4473 must be completed for a firearm transaction. The dealer will check NCIC, which will still show a felony on the applicant’s record.
The only way for a Michigan resident with a felony conviction to walk into an FFL dealer and purchase a gun is to expunge the felony under state law.
“I can’t purchase a gun.” In Michigan, you need to remove the felony conviction from your criminal history to return to normal.
Please visit my gun rights restoration blog here.
Please visit my remove a criminal conviction blog here.