Michigan Firearm Rights
Restoration Attorney

Restoration Eligibility Pathways

State vs. federal avenues for restoring your Second Amendment rights.

Michigan State Set-Aside (MCL 780.621): Michigan's set-aside statute allows certain convictions to be treated as if they never occurred. Eligibility depends on conviction type, number of prior convictions, time elapsed since sentencing, and completion of all sentence terms. Recent statutory expansions have opened the door for more offenses, including some felonies and multiple misdemeanors.

Firearm Rights Under MCL 750.224f: This is the primary Michigan statute governing both the loss and restoration of firearm possession rights following a conviction. The impact on your rights depends entirely on the nature of the offense:

• No loss: Many convictions carry no firearm prohibition at all under state law.
• 3-year prohibition: Certain misdemeanor convictions suspend firearm rights for 3 years from the date of conviction.
• 8-year prohibition: More serious disqualifying misdemeanors — including Domestic Violence, Stalking, and weapon-free school zone violations — suspend rights for 8 years from the date of conviction.
• Permanent loss: A felony conviction results in permanent loss of firearm possession rights under state law. Separate restoration proceedings are required, and even then, CPL eligibility is not restored.

Critical limitation: A Michigan set-aside may restore state firearm rights, but federal law (18 U.S.C. § 921(a)(33)) only recognizes state restoration if it "expressly" restores gun rights and the person is permitted to possess firearms under state law. This creates complex jurisdictional issues that require careful analysis, not guesswork. Additionally, restoration of basic firearm possession rights after a felony conviction does not restore eligibility for a Concealed Pistol License — CPL ineligibility following a felony is permanent regardless of rights restoration.

Federal Relief Under 18 U.S.C. § 925(c): Congress defunded ATF's ability to process federal restoration petitions in 1992, shutting down the administrative route entirely. For clients whose firearm rights cannot be fully restored under Michigan law, the only remaining pathway is federal court litigation: filing suit directly against the government to challenge the federal disability. This is constitutionally complex, technically demanding, and not a pathway most attorneys pursue. Jim Makowski handles it.

When state law is not enough, federal court is where Jim works. He is currently litigating a federal action seeking restoration of firearm rights through the courts, making him one of a small number of Michigan attorneys with active, firsthand experience in this arena. When a Michigan set-aside alone does not satisfy the federal standard under 18 U.S.C. § 921(a)(20), or when a felony conviction leaves rights incomplete at the state level, the federal route is what makes full restoration possible. It is a significant financial undertaking, and not every client can pursue it. For those who can, Jim brings the constitutional litigation depth and firearms law expertise this work demands.

Federal restoration is about to become a much bigger deal. Second Amendment litigation has expanded significantly in recent years, and the legal tools available to challenge federal firearm disabilities are growing. Pathways that were previously closed are opening, and clients who had no viable option before may have one now or in the near future. Jim is at the front of this, actively litigating in federal court and tracking the developments that will redefine what is possible for Michigan gun owners.

Michigan Clean Slate Law — Critical Warning: Michigan's Clean Slate Law provides automatic expungement of certain convictions to help with employment and housing. It does not automatically restore your firearm rights. Attorney General Dana Nessel has explicitly clarified that restoring gun rights was not the intent of the law. If your record was automatically expunged under Clean Slate, you still face the same firearm prohibitions that applied before — and you must pursue a separate restoration process to legally possess firearms again. Assuming otherwise creates serious federal felony exposure.

Every restoration strategy begins with a thorough eligibility analysis, covering conviction records, waiting periods, federal vs. state jurisdictional issues, and the pathway most likely to succeed. Michigan's firearm laws are subject to ongoing legislative change — MCL 780.621 has been amended multiple times in recent years. Always verify your eligibility against the current version of the statute with qualified counsel before taking any action.