Can our son, non-violent felony conviction, off parole for 7+ years now, reside with us now that we are CPL licensed? We live in Michigan.
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Hopefully, @MikeBKY will comment.
There was another thread with a similar question, although it was for Kentucky (MI laws may differ). You might give it a read while waiting: Living with a felon and my weapons in my KY home?
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Welcome to the family brother and god bless you. I would definitely look into that because some states vary. Check your MI USCCA gun laws and reciprocity map.
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Michigan, like Kentucky, recognizes “constructive possession of a firearm.” Here is what that means,
Michigan courts also have recognized that the term “possession” includes both actual and constructive possession. As with the federal rule, a person has constructive possession if there is proximity to the article together with indicia of control. People v. Davis, 101 Mich.App. 198, 300 N.W.2d 497 (1980). Put another way, a defendant has *471 constructive possession of a firearm if the location of the weapon is known and it is reasonably accessible to the defendant. Physical possession is not necessary as long as the defendant has constructive possession. People v. Terry, 124 Mich.App. 656, 335 N.W.2d 116 (1983).
Assuming Michigan would look at this issue the same as Kentucky, you son could not have any access to where the guns are stored. That would mean a combination or biometric lock that he could not open so that it is not accessible and no firearms left around the house unless they are on your person.
I would recommend you confirm this with and Michigan attorney.
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Thank you all for your responses!
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@MikeBKY - thank you once again for the awesome Community support!!
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http://www.legislature.mi.gov/(S(p2zjyy5va2zesdfwfrmb1umz))/mileg.aspx?page=GetObject&objectname=mcl-750-224f
For whatever reason the link won’t work right. Just copy and paste. It’s a link to 750.224f Possession of firearm or distribution of ammunition by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; definitions.
This is from the MSP.
MSPLegal_Update108_457974_7 (1) (1).pdf (82.2 KB)
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I also found something from the Davis Law Group that makes this subsection easier to read if you would like that.
Disclaimer: as Zavier_D would say… I am not a lawyer, didn’t play on on TV, and didn’t spend the night at a Holiday Inn Express last night. Also, this is in no way an endorsement or recommendation. A lawyer in your state knowledgeable in your specific circumstances is the best plan. The purpose of the material is for information on what you are dealing with and a starting point.
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Non-violent felony, over 7 years ago. Has he kept his nose clean since then? If so you should reach out to the Attorneys at Michigan Open Carry.
I’m not going to ask for the specifics, but as long as the situation doesn’t meet predetermined criteria your son can petition to have his Rights restored. It does cost some money, however the Attorneys working with Michigan Open Carry have gotten a few people’s Rights restored in the last few years.
Again, no specifics here, discuss that with a Michigan Attorney, specifically those working with Michigan Open Carry. They specialize in Michigan’s firearms and self defense laws.
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