Schmierlaw Can Help Defend Against a Felon in Possession Charge or Even Restore Your Gun Rights
Under Michigan law, an individual convicted of a felony is prohibited from possessing a gun for certain period of time. And possession can be both actual or constructive. Actual possession means that the accused actually had the weapon in his hand. Constructive possession means that the accused knew where the weapon was and could have actually possessed it. For instance, you sell drugs to someone and a gun is in your car even though it is parked a couple hundred yards away.. And even if the firearm is inoperable, does not have bullets, or you are just using it to hunt deer or ducks, you could still be charged and convicted.
Many individuals convicted of a felony and even the police don't have a clear understanding of the Felon in Possession laws and what 2nd Amendment rights a convicted felon may or may not have. Schmierlaw understands Michigan and Federal Gun laws and can help protect you if you are charged with being a Felon in Possession. In fact, for some felonies. you may already have your gun rights back and not even know it. The police may not know either.
Contact Schmierlaw if you are charged with being a Felon in Possession or you have a felony on your record and need to know how it effects your right to bear arms or you want to restore your gun rights.
In many cases, after a certain conditions are met and a certain period of time has passed, your gun rights can be restored. If you are eligible to restore your gun rights will depend on the crime, the time since the crime occurred, and whether restoration must be approved by the Gun Board, An Expungement or Set-Aside can also restore an individual's right to possess a firearm.
If you are convicted of felon in possession charges, you could be sentenced to up to five years in prison. In addition, the Prosecutor will probably add felony firearm charges adding a mandatory two years in prison even before any prison time is imposed for the Felon in Possession conviction.
Our office knows the law and will aggressively defend a felon in possession charge. We will look at the facts and investigate whether the charges are valid. We can even advise you about the best way to restore you gun rights. Call Schmierlaw for a free consultation.
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: jschmier@schmierlaw.com