Firearm Rights Restoration
Restoring your Second Amendment rights after convictions, prohibitions, or revocations—because your past shouldn't define your future.
Firearm Rights Restoration
A prior conviction—even a misdemeanor—can strip away your constitutional right to possess firearms. But in many cases, those rights can be restored through strategic legal action.
Federal law (18 U.S.C. § 922(g)) prohibits firearm possession following certain convictions, including felonies, domestic violence misdemeanors, and other disqualifying offenses. Michigan law imposes additional 8-year prohibitions for certain misdemeanors under MCL 750.224f. These restrictions don't just affect your ability to hunt or carry—they can destroy careers, prevent lawful self-defense, and create lifetime federal felony exposure for simple possession.
Our firearms rights restoration practice focuses on two critical pathways: Michigan set-aside proceedings under MCL 780.621 (which can eliminate state-level prohibitions and potentially restore federal rights) and federal relief applications under 18 U.S.C. § 925(c) for cases where state relief isn't sufficient. We also handle restoration after domestic violence convictions through careful analysis of conviction elements and potential appeals.
Not every conviction qualifies for restoration, and the process is complex, technical, and unforgiving of procedural mistakes. We evaluate eligibility, prepare comprehensive petitions with supporting documentation, and represent clients at restoration hearings. When your Second Amendment rights are on the line, you need counsel who understands both the statutes and the strategic approach necessary to navigate these proceedings successfully.
Restoration Eligibility Path
State vs. Federal avenues for restoring your Second Amendment rights.
Michigan State Set-Aside (MCL 780.621): Michigan's set-aside statute allows certain convictions to be "set aside," meaning they're treated as if they never occurred for most purposes. Eligibility depends on the type of conviction (felony vs. misdemeanor), number of prior convictions, time elapsed since sentencing, and whether you've completed all terms of your sentence including probation and restitution. As of recent statutory expansions, more offenses now qualify—including some felonies and multiple misdemeanors.
Critical limitation: A Michigan set-aside may restore state firearm rights, but federal law (18 U.S.C. § 921(a)(33)) only recognizes state restoration if it "expressly" restores gun rights and the person is permitted to possess firearms under state law. This creates complex jurisdictional issues that require careful analysis.
Federal Relief Under 18 U.S.C. § 925(c): Federal law theoretically allows individuals to petition ATF for relief from federal firearm disabilities. However, Congress has defunded ATF's ability to process these applications since 1992, making this avenue effectively unavailable except in rare cases involving federal pardons or specific statutory exemptions.
Domestic Violence Convictions (Lautenberg Amendment): Misdemeanor domestic violence convictions trigger lifetime federal prohibitions under 18 U.S.C. § 922(g)(9). Restoration requires proving the conviction didn't meet federal "domestic violence" elements, challenging the underlying conviction, or obtaining a pardon that expressly restores gun rights.
Our restoration strategy begins with thorough eligibility analysis: reviewing conviction records, calculating waiting periods, assessing federal vs. state jurisdictional issues, and determining which pathway—or combination of pathways—provides the best chance of success. Not all convictions qualify, but where restoration is possible, we provide the strategic representation necessary to navigate these complex proceedings.
The Evaluation Process
Understanding the criteria required to successfully petition the court for firearms rights restoration.
Michigan courts don't automatically grant set-aside petitions. You must prove you meet statutory eligibility requirements and demonstrate you deserve relief based on the totality of circumstances. Judges consider your criminal history, rehabilitation efforts, employment stability, community ties, and whether restoration serves the interests of justice.
Our evaluation process includes:
- Conviction Record Analysis: We obtain certified copies of all relevant convictions, review charging documents, plea agreements, and sentencing orders to confirm eligibility and identify potential challenges.
- Waiting Period Calculation: Michigan law imposes specific waiting periods based on offense type. We calculate exact eligibility dates and ensure all probation, parole, fines, and restitution are satisfied.
- Character Evidence Development: Successful petitions require proof of rehabilitation. We help clients gather employment records, character references, completion certificates from counseling or educational programs, and evidence of community involvement.
- Opposition Assessment: Prosecutors can—and often do—oppose set-aside petitions, particularly for violent offenses or firearm-related crimes. We anticipate objections and prepare counter-arguments based on statutory criteria and case law.
- Federal Jurisdictional Analysis: Even if Michigan grants a set-aside, we analyze whether it will restore federal gun rights under 18 U.S.C. § 921(a)(20) and (33). This requires detailed statutory interpretation and knowledge of how federal courts construe state restoration laws.
The Court Hearing: If your petition proceeds to a hearing, we present evidence, examine witnesses, and make legal arguments for why restoration serves justice. Judges have discretion to deny petitions even for eligible convictions, so strategic advocacy is critical.
Firearms rights restoration isn't a form you fill out—it's a legal proceeding that requires thorough preparation, strategic evidence presentation, and knowledge of both state and federal firearms law. We guide clients through every step, from initial eligibility assessment through final court orders and post-restoration compliance verification.
Frequently Asked Questions
Understanding the firearms rights restoration process
Restoration FAQ
Yes, but it depends on the type of felony and jurisdiction. Michigan allows certain felonies to be set aside under MCL 780.621, which can restore state-level gun rights. If successful, this may also eliminate the federal prohibition under 18 U.S.C. § 922(g), depending on whether the state restoration "expressly" restores firearm rights under federal law.
Not all felonies qualify—violent felonies, certain weapons offenses, and crimes with mandatory life sentences are excluded. Each case requires detailed legal analysis of both state eligibility and federal restoration implications.
Timeline varies by case complexity and court jurisdiction, typically 3-9 months from filing to final order.
Factors affecting timeline include:
- Eligibility waiting periods: 3-7 years after completion of sentence (varies by offense)
- Petition preparation: 2-4 weeks for comprehensive documentation and legal analysis
- Prosecutor review: 30-60 days for opposition assessment
- Court hearing scheduling: 60-120 days depending on court docket
- Final order processing: 2-4 weeks after hearing approval
Federal restoration applications under 18 U.S.C. § 925(c) are currently unfunded by Congress, making that pathway unavailable for most applicants.
State restoration removes Michigan prohibitions; federal restoration eliminates 18 U.S.C. § 922(g) restrictions.
State Restoration (MCL 780.621): Michigan's set-aside statute can restore state-level firearm rights for certain convictions. This removes MCL 750.224f prohibitions (8-year ban for certain misdemeanors) and allows CPL eligibility under state law.
Federal Restoration (18 U.S.C. § 921(a)(20)): Federal law recognizes state restorations that "expressly" restore gun rights. Michigan's set-aside statute may qualify, depending on conviction type and how the court order is written. This is critical—without proper federal restoration, you remain subject to federal prosecution under 18 U.S.C. § 922(g) even with state rights restored.
Our restoration practice ensures both state and federal compliance are addressed in every petition.
Eligibility depends on conviction type, number of offenses, and time since completion of sentence.
MCL 780.621 allows set-asides for:
- One felony conviction (waiting period: 5 years for most felonies, 7 years for serious/assaultive felonies)
- Two misdemeanor convictions (waiting period: 3 years)
- One felony and one misdemeanor (waiting period: 5 years)
- Three or more misdemeanors arising from same transaction (waiting period: 3 years)
Excluded convictions: Traffic offenses, felonies punishable by life imprisonment, criminal sexual conduct offenses, child abuse crimes, terrorism, and human trafficking offenses cannot be set aside.
We provide comprehensive eligibility analysis during consultation to determine your restoration pathway.
Possibly, but it's complicated and requires detailed analysis of conviction elements.
The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) creates a lifetime federal firearm prohibition for "misdemeanor crimes of domestic violence." Whether your conviction qualifies depends on:
- The elements of the conviction: Did it require proof of a domestic relationship at the time of conviction?
- Use of force or deadly weapon: Federal definition requires physical force or threatened use of a deadly weapon
- State set-aside eligibility: Can the conviction be set aside under MCL 780.621?
- Federal restoration effect: Will the set-aside "expressly" restore gun rights under federal law?
Many Michigan domestic violence convictions don't meet the federal definition, even though they trigger state prohibitions. We analyze conviction records, jury instructions, and statutory elements to determine whether federal restoration is possible.
Denials can be appealed or re-filed after addressing deficiencies.
If a set-aside petition is denied, options include:
- Appeal to Michigan Court of Appeals: File within 21 days if denial was legally incorrect
- Re-file after addressing court concerns: If denial was based on rehabilitation evidence or character issues, strengthen the petition and re-file later
- Motion for reconsideration: Present new evidence or legal arguments not considered in original hearing
- Alternative restoration pathways: Explore gubernatorial pardon or other state-specific relief mechanisms
Our practice includes thorough petition preparation to maximize approval likelihood on first filing, including detailed rehabilitation evidence, character references, and comprehensive legal briefing that addresses potential prosecution opposition.