Carry Permit With Felony
Page 1 of 2 12 LastLast
Results 1 to 10 of 14
Like Tree5Likes

Carry Permit With Felony

This is a discussion on Carry Permit With Felony within the Michigan Discussion and Firearm News forums, part of the Firearms Discussion by State category; Can I get my permit if I had a felony but had it expunged?...

  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Post Carry Permit With Felony

    Can I get my permit if I had a felony but had it expunged?

  2. #2
    Join Date
    Apr 2008
    Location
    Tampa Bay Area
    Posts
    213

    Default

    Its hard to say, depends on what the felony was probably...

  3. #3
    Join Date
    Jun 2008
    Location
    Woodstock, Georgia, United States
    Posts
    4

    Default

    as long as it wasn't a violent felony you can usually get your rights reinstated.

  4. #4
    Join Date
    Feb 2011
    Posts
    204

    Default

    As long ass you've had your rights restored you should be able to do anything with firearms that you could before. It will depend on the state you are in, of course.

  5. #5
    Join Date
    Sep 2007
    Location
    Battle Creek Mi
    Posts
    1,852

    Default

    Don't lie on your CCW app, but with the Felony conviction I'm not sure you can even legally buy a hand gun from a FFL, expunged or not... When they run the background check it may come back denied, and that would be your answer real quick and simple....

    Part of the process is fingerprinting and a full FBI check, if you come back dirty then NO.....
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century
    "Don't be so open minded that your brains fall out!" Father John Corapi.

  6. #6
    Join Date
    Apr 2011
    Posts
    27

    Default

    You are legally entitled to a CCW, but that doesn't mean that your local CCW Board will like it. The case you want to read is Carr v Midland County, 259 Mich App 420, 674 NW2d 709 (2003) Here is the Google link:

    carr v midland county - Google Scholar

    I would check the "no" box as to whether you were convicted of a felony, but attach a copy of the expungment order and the car ruling. If you are in Wayne County, paper file your application. Don't efile it. You might have to appeal to Circuit Court on this one in some counties. While legally not required, if you have good evidence of rehabilitation, bring it to the hearing. A good way not to cave in on this point but present the issue is to discuss your rehabilitation in the context of the expungment, e.g.: We filed a petition for expungment in front of Judge O'Brien. My petition was accompanied by 32 reference letters from doctors, lawyers, bankers, and business people. We also presented evidence that I had matured over the years, completed college, got married, and held a job. Judge O'Brien stated that (s)he was tremendously impressed with my rehabilitation. In fact, the XXX County Prosecutor's Office [who the CCW Board probably works for] stated that it had no opposition to an expungment in my situation." If your offense was not a crime against a person, slip that in there as well.

    A Michigan expungment restores firearm rights under federal law. You can hold political office, you can vote, and you can sit on the jury. Lastly, it restores firearm rights. A Michigan CCW permit also proves you meet federal standards. If your permit was issued after November 22, 2005, you are exempt from the NICS background check. See:

    ATF Open Letter to All Michigan Federal Firearms Licensees

    This was not always the case. Here is the old letter which would not apply to you:

    ATF Open Letter to All Michigan Federal Firearms Licensees

    Again, this letter is superseded, but someone always tries to toss it in my face so I thought I would get ahead of the issue.

    Good luck.

    Stu

  7. #7
    Join Date
    Apr 2011
    Posts
    27

    Default

    The Michigan Court of Appeals ruled that an expunged conviction is not a "conviction" for purposes of the CPL statute. Carr v Midland County, 259 Mich App 420 (2004). A person with a post-November 2005 CPL has been certified to have federal firearm rights as well. The ATF has said so i writing.

  8. #8
    Join Date
    Jan 2011
    Location
    Michigan
    Posts
    31

    Default

    I can add a tad of insight on this. I had 7 felonies, that's s-e-v-e-n felonies, I was charged and convicted of when I was 21. My idiot boyfriend talked me into doing something very, very stupid that was supposed to have been legal. In my naivety, I went along with it. I was hit in the months ahead with 7 charges involving conspiracy to sell guns illegally, conspiracy to remove/alter serial numbers, etc, etc... Anyway, I cooperated with the investigation fully, as the activities going on were absolutely illegal and I realized I had been severely taken advantage of. Not to mention, I was 8 months pregnant when the investigation of my involvement started. I think the detectives took pity on my and my naivety of the situation and granted me a once-in-a-lifetime opportunity for a program that, after 3 years of following through with monthly probation officer visits and squeaky clean behavior, all of this would disappear. So, I followed through, did as instructed, and all seven charges were expunged. I was told that the only way the charges would ever show up is if the FBI did a specialized search for any weapons charges, and that they could only do this if I was criminally involved in a weapons case. Two years after I mailed in my last probation "check-in" paper (I had moved out of state and they allowed me to report via mail, monthly, for the last year), I filled out the paperwork to purchase a small Lorcen .22, as it was all I could afford, as I was deathly afraid of my ex-husband (the one who had duped me into getting involved with his pals in the first place). He was a vile, evil man, and that's I will say on that. So, 14 days after I filled out the paperwork, the store owner called me up and said I was good to go, and I only needed to go bring this and that to the local police station where they could get my prints. Sweating bullets, I headed to the station from the gun shop and handed the officer my license, permit and the .22. He said it would just take a minute, and, after a minute or so, he handed me my pistol permit and walked out owning the gun. 14 years later, I decided I wanted to start concealing. I went in, got fully fingerprinted, took the passport photo at a local WalGreens, took the safety class, and was not denied. I have had a CPL for some time now, owning many different handguns and long guns. The state where the convictions took place in 1992, was Connecticut. The state I moved to (and still reside in) is Michigan. I am not sure if what states this all occurred in make a difference as to obtaining a CPL after having a record expunged or not, but considering Connecticut is one of the more liberal, gun-unfriendly states, I'd have to say expunged means expunged. I am here to say that those charges no longer exist on my record, that is, unless I am involved in some sort of illegal gun activity. I can assure you, 18 years does something to a person's level of wisdom, and looking back on my past, I really wish I had known then what I know today. EDIT: Also- I am legally allowed to check "NO" on every form I will ever fill out in the future that asks if I have ever been convicted of a felony. This INCLUDES firearms-related paperwork!

    "If tyranny and oppression come to this land, it will be in the guise of fighting a foriegn enemy." -James Madison

  9. #9
    Join Date
    May 2008
    Location
    Mason, MI, USA
    Posts
    443

    Default

    Quote Originally Posted by 72cinjin View Post
    I can add a tad of insight on this. I had 7 felonies, that's s-e-v-e-n felonies, I was charged and convicted of when I was 21.
    And to think, some people say there is no God. If there wasn't, I'd bet you'd still be in deep do-do.

    p.s. Glad it all worked out in your favor, in the end.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  10. #10
    Join Date
    Apr 2012
    Posts
    3

    Default

    Yes. I know for a fact that if you had a felony expounged you can get a CPL. Did it.

Page 1 of 2 12 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •