FIREARMS
Act 372 of 1927
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.
PopularName Notes:
CCW
PopularName Notes:
Concealed Weapons
PopularName Notes:
CPL
PopularName Notes:
Right to Carry
PopularName Notes:
Shall Issue
Notes of Decisions
Cited in
175
cases (
21 in the last 5 years), 1940–2026 · leading case:
People v. Perkins
People v. Perkins (2005)
mich · cites it 16×
“This statute makes it a crime for a person who has been convicted of a "specified felony"-one that either involves a substantial risk of, or contains as an element the threatened, attempted, or actual use of, physical force against a person or property-to possess a firearm until…”
People v. Mitchell (1998)
mich · cites it 7×
“§ 28.424, (3) unlawful possession of a firearm by a licensee, M.”
People v. Miles (1997)
mich · cites it 4×
“§ 28.424(2)(1).] This statute requires proof beyond a reasonable doubt that a defendant carried a firearm during the commission or attempted commission of a felony and nothing more.”
People v. Bass (2016)
michctapp
“Notwithstanding that amendment, however, the two essential elements of felon-in-possession *268 remain the same as before 2014 PA 4 : (1) the defendant is a felon who possessed a firearm (2) before his right to do so was formally restored under MCL 28.424. See MCL 750.224f;…”
People v. Minch (2012)
mich · cites it 2×
“372 of the Public Acts of 1927, being section 28.424 of the Michigan Compiled Laws.”
People v. Gearns (1998)
mich · cites it 3×
“§ 28.424. The Court of Appeals reversed his conviction in an unpublished per curiam opinion.”
People v. Swint (1997)
michctapp · cites it 2×
“372 of the Public Acts of 1927, being section 28.424 of the Michigan Compiled Laws.”
People v. Gonzales (1959)
mich · cites it 2×
“, § 28.424). Prior to trial in Genesee county circuit court defendant filed a motion to suppress evidence, claiming that the *252 search and seizure of the weapon were unreasonable under the 4th amendment to the United States Constitution, and that the 1936 and 1952 amendments…”
People v. Valentin (1998)
mich · cites it 2×
“§ 28.424(2). [3] M.C.L. § 764.1f; M.S.A. § 28.”
People v. Howard (1998)
michctapp
“§ 28.424(2). He was sentenced to two concurrent terms of life imprisonment without parole, to be served consecutively to a two-year term for felony-firearm.”
People v. Webb (1998)
mich
“§ 28.424(2). [1] In fact, defendant's testimony at trial indicates that he never actually aimed the gun to specifically hit either one of the victims: Q.”
— Mich. Comp. Laws § 28.424(1) — 7 cases
People v. Mitchell (1998)
mich
“§ 28.424, (3) unlawful possession of a firearm by a licensee, M.”
— Mich. Comp. Laws § 28.424(2) — 26 cases
People v. Mitchell (1998)
mich
“§ 28.424, (3) unlawful possession of a firearm by a licensee, M.”
People v. Gearns (1998)
mich
“§ 28.424. The Court of Appeals reversed his conviction in an unpublished per curiam opinion.”
People v. Howard (1998)
michctapp
“§ 28.424(2). He was sentenced to two concurrent terms of life imprisonment without parole, to be served consecutively to a two-year term for felony-firearm.”
People v. Webb (1998)
mich
“§ 28.424(2). [1] In fact, defendant's testimony at trial indicates that he never actually aimed the gun to specifically hit either one of the victims: Q.”
— Mich. Comp. Laws § 28.424(2)(1) — 2 cases
People v. Miles (1997)
mich
“§ 28.424(2)(1).] This statute requires proof beyond a reasonable doubt that a defendant carried a firearm during the commission or attempted commission of a felony and nothing more.”
People v. Mitchell (1998)
mich
“§ 28.424, (3) unlawful possession of a firearm by a licensee, M.”
— Mich. Comp. Laws § 28.424(4) — 9 cases
— Mich. Comp. Laws § 28.424(4)(b) — 1 case
— Mich. Comp. Laws § 28.424(4)(b)(i) — 3 cases
— Mich. Comp. Laws § 28.424(4)(b)(ii) — 1 case
— Mich. Comp. Laws § 28.424(4)(b)(iii) — 3 cases
— Mich. Comp. Laws § 28.424(4)(c) — 2 cases
— Mich. Comp. Laws § 28.424(4)(iii) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.