28.424 Restoration of rights by circuit court; petition; fee; determination; order; circumstances.
393 words·~2 min read·
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28.424 Restoration of rights by circuit court; petition; fee; determination; order; circumstances.
Sec. 4.
(1)An individual who is prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f(2) of the Michigan penal code, 1931 PA 328, MCL 750.224f, may petition the circuit court in the county in which he or she resides for restoration of those rights.
(2)An individual who is prohibited from possessing, using, transporting, selling, carrying, shipping, or distributing ammunition under section 224f(4) of the Michigan penal code, 1931 PA 328, MCL 750.224f, may petition the circuit court in the county in which he or she resides for restoration of those rights.
(3)Not more than 1 petition may be submitted under subsection
(1)or
(2)in any 12-month period. The circuit court shall charge a fee as provided in section 2529 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2529, unless the court waives that fee.
(4)The circuit court shall, by written order, restore the rights of an individual to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or to possess, use, transport, sell, carry, ship, or distribute ammunition if the circuit court determines, by clear and convincing evidence, that all of the following circumstances exist:
(a)The individual properly submitted a petition for restoration of those rights as provided under this section.
(b)The expiration of 5 years after all of the following circumstances:
(i)The individual has paid all fines imposed for the violation resulting in the prohibition.
(ii)The individual has served all terms of imprisonment imposed for the violation resulting in the prohibition.
(iii)The individual has successfully completed all conditions of probation or parole imposed for the violation resulting in the prohibition.
(c)The individual's record and reputation are such that the individual is not likely to act in a manner dangerous to the safety of other individuals.
History: Add. 1992, Act 219, Imd. Eff. Oct. 13, 1992 ;-- Am. 2014, Act 6 , Eff. May 12, 2014 ;-- Am. 2015, Act 3 , Eff. Dec. 1, 2015 ;-- Am. 2017, Act 95 , Eff. Oct. 11, 2017
Compiler's Notes: Former section 4 of this act was not compiled.
Popular Name: CCW
Popular Name: Concealed Weapons
Popular Name: CPL
Popular Name: Right to Carry
Popular Name: Shall Issue