Under Michigan law, an individual convicted of a felony is prohibited from possessing a gun for certain period of time. And possession can be both actual or constructive. Actual possession means that the accused actually had the weapon in his hand. Constructive possession means that the accused knew where the weapon was and could have actually possessed it, for instance in a safe where the accused has the key. And even if the firearm is inoperable, does not have bullets, or you are just using it to hunt deer or ducks, you could still be charged and convicted.
In many cases, after a certain conditions are met and a certain period of time has passed, your gun rights can be restored. If you are eligible to restore your gun rights depend on the crime, the time since the crime occurred, and whether restoration must be approved by the Gun Board, An Expungement or Set-Aside can also restore a individual's right to possess a firearm.
If you are convicted of felon in possession charges, you could be sentenced to up to five years in prison. In addition, the Prosecutor will probably add felony firearm charges adding a mandatory two years in prison even before any prison time is imposed for the Felon in Possession conviction.Our office knows the law and will aggressively defend a felon in possession charge. We will look at the facts and investigate whether the charges are valid. We can even advise you about the best way to restore you gun rights. Call Schmierlaw for a free consultation.
Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: email@example.com