View Full Version : Can convicted felons own fire arms & vote in michigan


mombert
08-02-2006, 12:57 PM
I'm sure this question has been asked and ansewerd somewhere on this site but I couldn't find it so here goes..............
My son may be comming home soon and our family is BIG into hunting. I was wondering if felons are alowed to buy, own or posess firearms, or bows. Also wondering about voting.
Thanks,
Lisa

Melissa_2006
08-02-2006, 01:15 PM
I dont think they are allowed any of the above. And I dont know if it varies from state to state. But let me say this--my fiances love for the wilderness and hunting is what got him revoked and now doing 3 more long years. Not to mention some consider bb guns a no-no. I have 2 teens and looks as if we might have to clear house on some of my childrens belongings :( And they have to apply for their voting rights. And for here I think that they have to wait 7 years.

mrsdragoness
08-02-2006, 01:23 PM
No they cannot, nor can they live in a home or be in a home that has guns in it while they are on parole...its a 5 year automatic sentence if caught!

DJB's Wife
08-02-2006, 05:43 PM
In MI, felons are allowed to vote.

mrsdragoness
08-02-2006, 05:59 PM
Sorry.. I missed that! Yes, MI felons CAN vote.. all they have to do is register.

mombert
08-02-2006, 06:23 PM
Thanks for the information. My husband will not be happy (he doesn't like anyone infringing on his rights) but I would rather have a house free from weapons and my kid home that the other way around.
Lisa

mombert
08-02-2006, 06:42 PM
O.K. so I understand that you cannot have guns during your parole but I didn't see anything about after parole. Does anyone know?
Thanks again,
Lisa

marmot
08-02-2006, 07:54 PM
Good question mombert, I was wondering the same thing regarding hunting guns.

bookieworm2000
08-02-2006, 08:24 PM
From what I know of Indiana they can never be around weapons, parole or not. Good luck to you. If I had guns or anything I was worried about they would be out of here. Not worth it.

mrsdragoness
08-02-2006, 09:27 PM
Even after parole a convicted felon cannot own or be around guns...

Melissa_2006
08-02-2006, 09:32 PM
There are many things that they cant be around. And like I said earlier I dont know what varies state to state. But I do know that here they are not allowed around anything illegal, guns, weapons, bb guns, other felons, vicious animals, drinking, etc... And if I'm telling you wrong I hope the wonderful moderators will correct me. I hope this helps. And congratulations on your son coming home!!!!!!!!!!

deb
08-02-2006, 09:35 PM
In Michigan you cannot get a hunting license or have a firearm if you are a convicted felon.. HOWEVER, you can apply and try and get permission to once you are off parole... Unclear who they apply to but I can ask my husband once I remember to ask him...

I got rid of water guns, nerf guns and all kid's play guns as well as sold all my husband's guns, bow and arrows, hunting clothes, hunting knife, bullets, gun case, etc etc... I'm not taking any chances...

This also means that we can't visit any relatives/friends who have hunting stuff in their homes... For us, that's the vast majority of relatives and friends... Ah well, I guess if they want to see him they just come here...

Deb

mombert
08-07-2006, 07:55 PM
I was looking around tonight on the dnr site and it led me to this......
it's about felons and firearms.

Section 750.224f http://www.legislature.mi.gov/%28xvmjofup3wdr3uqnhz2vke45%29/images/link.gif (http://www.legislature.mi.gov/%28xvmjofup3wdr3uqnhz2vke45%29/mileg.aspx?page=shortlinkdisplay&docname=mcl-750-224f) http://www.legislature.mi.gov/%28xvmjofup3wdr3uqnhz2vke45%29/images/PrintDoc.gif (http://www.legislature.mi.gov/%28xvmjofup3wdr3uqnhz2vke45%29/mileg.aspx?page=print&objectname=mcl-750-224f)

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

BRIAN'S GIRL
08-07-2006, 08:16 PM
they can not own a gun or even be in a house that has a gun, a felon doesn't have the same rights as us they can't vote, they can even eneter into amsterdam if that mattered or not

BRIAN'S GIRL
08-07-2006, 08:18 PM
no its a federal law that felons can not own firearms the brady bill

mombert
08-07-2006, 08:35 PM
According to this the brady act is a law that imposes a waiting period
for purchasing a HAND GUN.
BRADY ACT - The Brady Act, passed in 1993 as an amendment to the Gun Control Act of 1968, imposes a waiting period of up to five days for the purchase of a handgun, and subjects purchasers to a background check during that period. See 18 U.S.C. section 922(s)(1). The waiting period and background check prescribed by the Act are not required in States that have permit systems meeting standards prescribed by the Act. 18 U.S.C. section 922(s)(1)(C), (D). Within five years from the effective date of the Act, such checks will be performed instantaneously through a national criminal background check system maintained by the Department of Justice, 18 U.S.C. section 922(t), but in the meantime the background checks must be performed by the Chief Law Enforcement Officer (CLEO) of the prospective purchaser's place of residence. 18 U.S.C. section 922(s)(2). The Act requires CLEOs to 'make a reasonable effort to ascertain . . . whether receipt or possession [of a handgun by the prospective buyer] would be in violation of the law . . . .' Id. The CLEO performs the check on the basis of a sworn statement signed by the buyer and provided to the CLEO by a federally-licensed gun dealer. 18 U.S.C. section 922(s)(1)(A). If the CLEO approves the transfer, he or she must destroy the buyer's statement within twenty business days after the statement was made. 18 U.S.C. section 922(s)(6)(B). If the CLEO disapproves the transfer, the CLEO must provide the reasons for the determination within twenty business days if so requested by the disappointed purchaser. 18 U.S.C. section 922(s)(6)(C).

The Brady Act regulates the sale of handguns and thus directly regulates commerce. It is an amendment to a comprehensive federal scheme for the regulation of firearms sales that unquestionably affect interstate commerce. The legislative history of the Brady Act also contains findings that gun violence affects commerce. See H.R. Rep. 103-344, 103rd Cong., 1st Sess., reprinted in 1993 U.S.C.C.A.N. 1984, 1985.

Alumni
09-13-2006, 11:00 PM
A parolee can vote as well as former prisoners no longer under the jurisdiction of the MDOC. Voted all through my 2 years on parole. As to guns, a State can "re-enfranchise" an ex-offender to possess weapons, which would nullify the Federal law. Michigan does not do so to the best of my knowledge.

My personal view is "better safe than sorry" - and I have no need for them anyway. Why focus on the 1/2% of things you CAN'T do, rather than the 99.5% that you CAN?

KMJoyner
09-14-2006, 09:41 PM
The retailers that sell the license don't do a back ground check. Unless specifically prohibited by court order you would be eligible to possess a bow and purchase hunting licenses.

KarrieMI
09-15-2006, 03:12 AM
As I understand like the rest No they cant own a gun nor can they be in the house with one!
But on the voting thing I heard that they can vote but that they
need to apply or something like that differently than we do
and be given their rights back! I read that just recently somewhere

KarrieMI