Michigan Felon in Possession of a Firearm: Penalties and Restoration

In Michigan, a felon in possession of a firearm commits a felony under MCL 750.224f, punishable by up to five years in prison and a $5,000 fine. The prohibition lifts only after you complete your sentence and either wait out a statutory period or win a court petition, depending on the type of felony you were convicted of. And even once Michigan restores your rights, federal law under 18 U.S.C. § 922(g)(1) imposes its own ban, with penalties up to 15 years, that has to be analyzed separately.¹²

What the Statute Prohibits

MCL 750.224f bars anyone with a felony conviction from possessing, carrying, transporting, buying, or selling a firearm until Michigan’s restoration conditions are satisfied.¹ The ban reaches two kinds of possession. Actual possession is when the firearm is on your person. Constructive possession is when the gun is somewhere else but you have both the ability to control it and the intent to do so. A firearm in a safe you can open, in a vehicle you drive, or in a closet in your bedroom can all support a charge. Proximity alone is not enough; proximity plus evidence of control usually is.

One boundary worth knowing: federal law does not treat pre-1898 antique firearms or certain muzzleloaders as “firearms” at all.³ Michigan is free to classify them differently, so check with the Michigan State Police or an attorney before assuming an antique is safe to own here. Federally legal does not mean state legal.

Which Felonies Trigger Which Waiting Period

Michigan splits felonies into two groups, and which group yours falls into decides everything about how and when you can own a gun again.

Non-Specified Felonies

If your conviction does not meet the “specified” definition below, you are prohibited from possessing firearms for three years after you have completed every part of your sentence: all incarceration, all probation or parole, and all fines paid in full.¹ The three-year clock does not start until every one of those conditions is met. Still owe $200 in fines four years after probation ended? Your waiting period has not begun.

Specified Felonies

Specified felonies carry a five-year wait and require a court petition. A felony is “specified” if any of the following is true:¹

An element involves the use, attempted use, or threatened use of physical force against a person or property, or the crime by its nature involves a substantial risk that such force may be used.
An element involves the unlawful manufacture, possession, distribution, or dispensing of a controlled substance.
An element involves the unlawful possession or distribution of a firearm.
An element involves the unlawful use of an explosive.
The felony is burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson.

In practice, that sweeps in most violent crimes, all drug manufacturing and delivery offenses, and anything involving a weapon. Many felony convictions land in the specified category. If you are not sure which group yours falls into, an attorney can walk through the elements of the offense.

Getting Your Firearm Rights Back

Automatic Restoration After a Non-Specified Felony

When the three-year waiting period runs and every sentencing condition has been satisfied, your firearm rights are restored by operation of law. No petition, no judge, no paperwork. The downside is that there is no official document confirming your status, which can create friction later during a background check at a dealer.

Court Petition After a Specified Felony

For a specified felony, time alone does nothing. After five years have passed from the completion of your sentence, you must file a petition in the circuit court for the county where you live.⁴ The court will grant restoration only if you prove by clear and convincing evidence that:

At least five years have passed since you finished all imprisonment, probation or parole, and paid all fines; and
Your record and reputation show you are not likely to act in a manner dangerous to the safety of other people.

Clear and convincing evidence is a high bar. The judge has to find it highly probable that you qualify. That usually means putting together proof of rehabilitation: stable work, community ties, a clean record since the conviction, and often character references. The burden sits entirely on you, and if the judge is not persuaded the petition is denied regardless of how much time has passed.

Concealed Carry Stays Off the Table

Restoration of possession rights does not make you eligible for a concealed pistol license. Michigan’s CPL statute requires that an applicant has never been convicted of a felony, and restoration does not erase the conviction from your record.⁵ You may lawfully keep a firearm at home and transport it under state law, but a prior felony alone disqualifies you from a CPL.

Expungement Is the Cleanest Path

MCL 750.224f contains an express exception for convictions that have been expunged, set aside, or pardoned. If your felony has been set aside and the court’s order does not specifically prohibit firearm possession, the state prohibition no longer applies to you.¹

Expungement also carries over to federal law. Under 18 U.S.C. § 921(a)(20), an expunged, set-aside, or pardoned conviction is generally not treated as a disqualifying conviction for federal firearms purposes, so long as the order does not expressly bar possession.⁶ A successful expungement without a firearms restriction is the closest you can come to full restoration at both levels.

Ammunition Is Covered Too

For specified felonies, the ban extends to ammunition. You cannot possess, transport, sell, or distribute ammunition until the five-year wait has elapsed and the circuit court restores your rights through the same MCL 28.424 petition.¹⁴ Michigan defines ammunition as any projectile that, in its current state, may be expelled from a firearm by an explosive. Separately, federal law prohibits all felons from possessing ammunition, and the federal definition is broader than Michigan’s.

Living With Someone Who Owns Firearms

Sharing a household with a lawful gun owner is one of the most common ways people with felony convictions pick up a new charge. You do not have to touch a gun to be charged. If a firearm is kept in a shared living space where you have access to it, a prosecutor can argue constructive possession.

Michigan courts look at whether you had the ability to access the firearm and whether there is evidence you intended to control it. The operative concept is ready accessibility. A gun on a shared nightstand is far more incriminating than one locked in a safe only your spouse can open. If you live with someone who owns firearms, the practical rule is strict separation: every firearm locked in a container, safe, or location you cannot access, and no combinations or keys in your hands. The further you are from any ability to reach the weapon, the harder it is for a prosecutor to prove the elements.

The Federal Layer

Federal law under 18 U.S.C. § 922(g)(1) separately prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing any firearm or ammunition.² The federal maximum is 15 years in prison, three times Michigan’s maximum.⁷

Federal law does recognize state restoration in certain situations. Under 18 U.S.C. § 921(a)(20), a conviction for which civil rights have been restored is generally not a disqualifying conviction, as long as the restoration does not expressly prohibit firearm possession.⁶ Whether Michigan’s restoration process (automatic or by petition) qualifies as a full restoration of civil rights for federal purposes is a fact-specific question that has been litigated, and the answer can turn on the details of your conviction and your restoration. Do not assume Michigan’s green light is also a federal green light without having that analysis done.

Federal law also contains its own relief mechanism under 18 U.S.C. § 925(c), administered by the Attorney General. Congress blocked funding for the program for decades, making it unavailable. In July 2025 the Department of Justice published a proposed rule to establish criteria for processing applications, but the program is not yet accepting or adjudicating cases.⁸

If a Background Check Denies You After Restoration

Restoration orders do not automatically flow into the FBI’s National Instant Criminal Background Check System, so a valid restoration can still be followed by a denial at a dealer. You can challenge the denial through the NICS Appeal Services Team by submitting court documentation showing your rights have been restored.⁹ The process typically takes weeks or months.

Penalties If You Possess Before You Are Clear

A violation of MCL 750.224f is itself a felony, punishable by up to five years in prison, a fine of up to $5,000, or both.¹ That sentence stacks on top of anything you served for the original felony.

Federal penalties are steeper. A conviction under 18 U.S.C. § 922(g) carries up to 15 years in federal prison.⁷ Federal prosecutors do bring these charges, especially where there is a violent history or the firearm turned up during other criminal activity, and federal sentencing is considerably harsher than Michigan’s.

There is one more practical cost. A new felony conviction resets the restoration clock from zero. If you were caught with a firearm a month before your waiting period expired, you now have a fresh felony with its own waiting period before you can start the restoration analysis again.

1
Michigan Legislature. Michigan Code MCL 750.224f – Possession of Firearm or Distribution of Ammunition by Person Convicted of Felony
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Most Frequently Asked Firearms Questions and Answers
4
Michigan Legislature. Michigan Compiled Laws 28.424 – Restoration of Rights by Circuit Court
5
Michigan Legislature. Michigan Compiled Laws 28.425b – Issuance of Concealed Pistol License
6
Office of the Law Revision Counsel. 18 USC 921 – Definitions
7
Office of the Law Revision Counsel. 18 USC 924 – Penalties
8
Federal Register. Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms
9
Federal Bureau of Investigation. NICS Guide for Appealing a Firearm Transfer