Firearm Rights After a Sex-Offense Conviction in Michigan

A sex-offense conviction affects firearm rights under two separate bodies of law. Michigan bars a person convicted of a felony from possessing a firearm until 3 years after the sentence is fully completed, or 5 years plus a court order for a "specified felony."^[1][2] Federal law makes it unlawful for a person convicted of a crime punishable by imprisonment for more than one year to possess a firearm or ammunition, and its text contains no time limit.^[5]

This page explains both, how they apply to the criminal sexual conduct (CSC) offenses, and how restoration works under Michigan law. It does not say that any particular person may lawfully possess a firearm; that depends on the exact conviction and on federal law that this guide covers only at the level of the statute's text.

What does Michigan law prohibit?

MCL 750.224f creates two tracks.

	Any felony	"Specified felony"
Firearms	No possession, use, transport, sale, purchase, carrying, shipping, receipt or distribution until 3 years after fines are paid, imprisonment is served and probation or parole is completed[1]	The same conduct is barred until 5 years after those three events, and until the right has been restored under MCL 28.424[2]
Ammunition	The same 3-year rule[7]	The same 5-year-plus-restoration rule[7]
Penalty for a violation	A felony punishable by up to 5 years or a fine of up to $5,000, or both[6]	The same[6]

When the clock starts

Neither period runs from the date of conviction. Each runs from the point at which the person has paid all fines imposed for the violation, has served all terms of imprisonment imposed for the violation, and has successfully completed all conditions of probation or parole imposed for the violation.^[1][2]

Two sentencing rules bear on when that point arrives. Probation for a listed offense runs for not less than 5 years.^[8] A person sentenced under the 25-year-minimum provision for first-degree CSC can be paroled only for life.^[9] The Michigan periods are counted from completion of probation or parole.^[1][2]

Which sex offenses count as a "felony" for this statute?

The statute has its own definition: a "felony" is a violation of a law of this state, of another state, or of the United States "that is punishable by imprisonment for a term exceeding 1 year, or an attempt to violate such a law."^[3]

Offense	Maximum penalty	Punishable by more than 1 year?
First-degree CSC	Life or any term of years[10]	Yes[10][3]
Second- and third-degree CSC	Not more than 15 years[11]	Yes[11][3]
Assault with intent to commit CSC	Not more than 10 years or 5 years[12]	Yes[12][3]
Fourth-degree CSC	Not more than 2 years or a fine of not more than $500, or both[4]	Yes, although the Penal Code labels it a misdemeanor[4][3]

Fourth-degree CSC needs a closer look. The Penal Code calls it a misdemeanor, but the firearm statute's definition turns on the possible punishment, not the label.^[4][3] The offense is explained in fourth-degree CSC, and all the maximums are in the CSC penalties chart.

Is a CSC offense a "specified felony"?

The statute does not list offenses by name. It defines a "specified felony" by circumstances, the first of which is a felony in which "an element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."^[2]

Whether a given CSC conviction meets that definition is not stated in the statute, and no court decision on the point was read for this guide. The difference is significant: on the specified-felony track, the passage of time is not enough, and a court order restoring the right is also required.^[2] Anyone whose position depends on which track applies needs a lawyer's opinion on the specific conviction.

How does restoration work in Michigan?

MCL 28.424 is the restoration statute for people on the specified-felony track.^[13]

1. The person petitions the circuit court in the county in which he or she resides.^[13]
2. Not more than one petition may be submitted in any 12-month period.^[13]
3. The court shall, by written order, restore the rights if it determines by clear and convincing evidence that the petition was properly submitted; that 5 years have expired since the person paid all fines, served all terms of imprisonment and successfully completed all conditions of probation or parole; and that the person's record and reputation are such that the person is not likely to act in a manner dangerous to the safety of other individuals.^[13]

A Michigan restoration order addresses the Michigan prohibition. Its effect under federal law is a separate question governed by the federal definition discussed below.^[14]

What does federal law add?

Under 18 USC 922(g)(1) it is unlawful for any person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, or to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.^[5] The provision has no 3-year or 5-year period.^[5]

The federal definition of the triggering crime has two limits that matter here.^[14]

• State misdemeanors of two years or less. The term does not include "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less."^[14] Michigan's fourth-degree CSC statute reads: "Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both."^[4] This guide sets the two texts side by side and draws no conclusion about whether a fourth-degree CSC conviction falls within the federal ban; no federal court decision on that point was read. It is a question for a lawyer.
• Expunged, set-aside, pardoned or restored convictions. A conviction that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, is not considered a conviction for the federal firearm chapter, "unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."^[14]

The federal text also says that what constitutes a conviction is determined in accordance with the law of the jurisdiction in which the proceedings were held.^[14] How federal courts apply the "civil rights restored" language to Michigan convictions was not researched for this guide. The end of Michigan's 3-year or 5-year period is a rule of Michigan law; the federal provision is a separate text with its own definition.^[5][14]

Question	Michigan (MCL 750.224f)	Federal (18 USC 922(g)(1))
Triggering conviction	Offense punishable by imprisonment for a term exceeding 1 year, or an attempt[3]	Crime punishable by imprisonment for a term exceeding one year, excluding a state misdemeanor punishable by two years or less[5][14]
Time limit in the text	3 years, or 5 years plus restoration, after the sentence is completed[1][2]	None stated[5]
Set-aside or pardon	The statute does not apply unless the order or pardon expressly provides otherwise[15]	Not counted unless it expressly provides that the person may not possess firearms[14]

Does a set-aside or pardon restore rights?

Michigan's statute "does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm or ammunition."^[15]

For the main CSC convictions a set-aside is not available. First-, second- and third-degree CSC and assault with intent to commit CSC can never be set aside, and fourth-degree CSC can be set aside only if the conviction was entered before January 12, 2015 and the person has no other conviction apart from not more than 2 minor offenses.^[16][17] See setting aside a sex-offense conviction. Pardons are not covered in this guide; no primary source on the pardon process was read.

What about a concealed pistol license?

The licensing statute has requirements of its own. To receive a concealed pistol license, an applicant must not be prohibited from possessing a firearm under MCL 750.224f and must never have been convicted of a felony in Michigan or elsewhere.^[18]

It also reaches misdemeanors. An applicant must not have been convicted, in the 8 years immediately preceding the application, of a misdemeanor violation of listed sections that include MCL 750.520e (fourth-degree criminal sexual conduct) and MCL 750.335a (indecent exposure).^[18] For that statute, "felony" does not include a violation of a Michigan penal law that is expressly designated as a misdemeanor.^[18]

What about firearms while a case is pending or under a court order?

The rules on this page concern convictions. Before conviction, firearm restrictions come from other sources, such as bond conditions or a personal protection order. Those are covered in bond in CSC cases and sexual assault PPOs, and in the sister guide's pages on guns while a case is pending and PPOs and firearms.

A youthful trainee assignment has its own firearm consequence: the court must revoke trainee status if the trainee pleads guilty to or is convicted of a firearm offense during the assignment.^[19] See HYTA and sex offenses.

What people get wrong

• "After three years I can have a gun again." Michigan's 3 years run from completion of the whole sentence, the 5-year track also needs a court order, and federal law has no time limit in its text.^[1][2][5]
• "Fourth-degree CSC is a misdemeanor, so there is no gun ban." Michigan's firearm statute defines felony by a possible punishment exceeding 1 year, and fourth-degree CSC carries up to 2 years.^[3][4]
• "A Michigan court order fixes the federal ban." The federal definition has its own conditions for when a restored or set-aside conviction stops counting.^[14]
• "Only guns are covered." Both tracks of the Michigan statute also cover ammunition.^[7]

The sister guide covers the federal ban tied to domestic violence misdemeanors, which is a different provision: the federal lifetime gun ban for domestic violence.