A buddy of mine plead no contest to a felonious assualt when he was 16 and charged as a Juvinile in the state of michigan. He has been clean ever since, not even a parking ticket to my knowledge. Before he went hunting he tried to buy a shotgun and the NICS backround check denied him. If he plead no contest as a Juvinile, why would that come up on a backround check for firearms? Can he atleast possess a firearm for now? The assualt had nothing to do with a weapon by the way.

He will have to petition the state to both have his Felony Record expunged (that should have been part of the Plea agreement...)

If it wasn't and they won't, then he will have to apply to have his Rights restored. There is a different proceedure for each State. Have him check with the NRA.

In the mean time, he needs to get into Muzzleloading. ;)

Ad's in local newspapers for a face to face sale of a firearm does not require a NCIS background check.

Even if the person was asking $100 more than the real value of the gun. It still would be cheaper in the long run than paying a lawyer $5000 to clear his good name.

Unless he has some paperwork that says that he relinquished all rights to own a firearm for the rest of his life. I do not see how they could stop him from hunting.

Moral of the story is to not get in trouble in the first place!

If he plead no contest as a Juvinile, why would that come up on a backround check for firearms?

In my home state a plea of nolo contendere (which is Latin for "I do not contest the charge") results in a finding of Guilty. I am not familiar with Michigan's criminal code but suspect the same thing happens there. Regardless of his not having gotten so much as a parking ticket since, he is still a convicted felon until he is pardoned or otherwise gets his conviction expunged.

Can he atleast possess a firearm for now?

Probably not, but he needs to get legal advice specific to Michigan (and NOT from the web).

The assualt had nothing to do with a weapon by the way.

Irrelevant. A felony is a felony, even if it's a conviction for turning back an odometer (a felony in my state).

I say again -- your buddy needs legal advice before he lays his hand on a firearm.

The Old Guy

Ad's in local newspapers for a face to face sale of a firearm does not require a NCIS background check.

Even if the person was asking $100 more than the real value of the gun. It still would be cheaper in the long run than paying a lawyer $5000 to clear his good name.


Moral of the story is to not get in trouble in the first place!

First, my good name is worth a whole lot more to me than $5,000.
Second, I'm no lawyer but I'm not sure your advice wouldn't lead him to committing a second felony.

I do agree with your last sentence.

Most states have Governor's Pardons which will expunge the conviction and all records destroyed. Cost is a lot less than $5000, more like $500 as it mostly paperwork search. Nolo contendere in Latin means: "I stay mute on the charge" meaning no positive answer or negative answer so the Court automatically find the party guilty.

Thanks ill leet him know....

Unfortunately, and I didn't read 100% of every response so this may have been said, most of the above is not valid advice!

A juvenile record may be expunged in most states. An alternative would be a pardon by the governor of the state in which the conviction accurred. Even if these are successful the person still is a restricted person under federal law. The only way for firearms ownership rights to be restored under federal law is by presidential pardon! He could still be charged as a felon in possession of a firearm unless this is done.

The advice to just buy a gun from an individual to circumvent the background check is bad advice, because if found in possession and convicted there would be an adult felony conviction.

TOG and others advice to get legal advice from a competent attorney is good. The advice to not seek legal advice on the internet is even better!

At least this was the situation when I retired as a LEO several years ago.

Yes but what I understood about MI state and even federal law that if he/she was charged as a Juvenile, That they are still allowed to possess a firearm,

Get a professional legal opinion.

Under MI law, as an adult, after all terms of the felony are met (ie confinement, probation, parole, fines, etc) the rights can be reinstated after either 3 or 5 years depending on the original charge. BUT here's the kicker Federal Law supercedes state law in this instance and under Federal Law, you can never get them back unless you petition to get them back. Now I can't say how this may or may not be affected by being a juvenile so the advice on speak to an attorney on the matter is the best advice. Also, for a felonious assault, it can be assault with anything that is likely to cause serious injury or death. These can include a pellet gun, a dog, broomstick, etc. Heck, it could be a spatula if someone was whacking you on the head with it. So your friend must have had something other than his hands. So my first answer is no he cannot possess a firearm and he shouldn't until he has spoken to an attorney regarding the matter.

Under MI law, as an adult, after all terms of the felony are met (ie confinement, probation, parole, fines, etc) the rights can be reinstated after either 3 or 5 years depending on the original charge. BUT here's the kicker Federal Law supercedes state law in this instance and under Federal Law, you can never get them back unless you petition to get them back. Now I can't say how this may or may not be affected by being a juvenile so the advice on speak to an attorney on the matter is the best advice. Also, for a felonious assault, it can be assault with anything that is likely to cause serious injury or death. These can include a pellet gun, a dog, broomstick, etc. Heck, it could be a spatula if someone was whacking you on the head with it. So your friend must have had something other than his hands. So my first answer is no he cannot possess a firearm and he shouldn't until he has spoken to an attorney regarding the matter.

I totally agree... BUT - again, check MI law here, but the Fed & most States still allow a felon to possess Muzzleloaders & Cap&Ball pistols.

That would still allow him to Hunt with a firearm...

Not in Michigan they don't, you need to look again at Michigans laws, cap and Ball pistols are consired handguns by the state, hence you have to get a saftey inspection on said pistol when you buy it, just like a pellet pistol with a rifled barrel. Muzzle Loaders are considered firearms if you have a felony on your record, don't push it, go see your lawyer. Not worth getting a Federal Firearms charge brought against your friend. But what do i know, I am in Colorado. My family is from Michigan. Les

my two cents: if he does get it removed from his record, I still wouldn't advise he ever try to get a carry conceal permit.
Here in my state there was a fellow similar to your friend: juvenile assault charge, which he later got removed from his record.
But in the eyes of an FBI background check (required for a CCW permit) he was still convicted of a violent crime, and thus can never get a permit in this state.

good luck to your buddy though. i hope he can clear up his name enough to flex his 2nd ammendment rights.

Not in Michigan they don't, you need to look again at Michigans laws, cap and Ball pistols are consired handguns by the state, hence you have to get a saftey inspection on said pistol when you buy it, just like a pellet pistol with a rifled barrel. Muzzle Loaders are considered firearms if you have a felony on your record, don't push it, go see your lawyer. Not worth getting a Federal Firearms charge brought against your friend. But what do i know, I am in Colorado. My family is from Michigan. Les

Thanks for the info. Like I said, that particular bit varies widely by State. Just across the line here in Indiana anyone over 18 who's not in Prison can order a ML or C&B from Cabelas and shoot it the next day.

Yep. thats why most guys that live on the state line head down to Indiana for those purchases and don't tell anyone. :D Les

If they live that close to the State Line, they should just move across it. Commuting is a heck of a lot cheaper than a State Felony Rap....

True, I know my dad lives in Michigan and works in Indiana. But all his guns are legal, he won't have it any other way. Can't wait til he reitres and moves out here to Colorado, we don't have to register our handguns, and don't tell me that safety inspection isn't registration. Les

whats interesting here is if he has his record expunged then how can the feds say he has a record,as there should be no evidence of a conviction.just a thought not an opinion nor advice.
so much gov interfearance in peoples lives.any one read the 14th admendment?

Are you sure he was charged as a juvenile? Here we can charge a 16 year old as an adult on a felony. Once he is convicted or pleads guilty he is considered an adult. If your friend is a convicted felon he can be charged with ANOTHER felony if he is caught with a firearm. Cool, huh?

Nolo is the first person singular present tense form of nolle meaning I not willing, or unwilling and contendere means to contend. I took Latin in HS; otherwise, all I know is the plea means that one will accept the punishment but is not willing to admit guilt and this is helpful in civil suits. It is a plea used in business more effectively than in most criminal cases. Then if you harm someone where they could sue you, the plea would be the way to go if you anticipated a civil harm suit.

As to the boy’s rights to bear arms, one might argue his plea might vindicate him from admitted guilt. The best and lest expensive way to pursue this is to contact a college with a criminal justice department and see if they have a legal scholar, they usually will have at least one.

The way to test this is for him to ask for a copy of his state and Federal criminal record. He might have a state sanction because he was a juvenile, tried for an adult offense and this would mean he has no federal prohibition. My understanding is the Federal criminal record would not contain this record but the state could exempt it from expulsion.

You can then petition the state attorney office and in this case, it might be reviewed because it was a juvenile case and pleaded without admitting guilt. They might refuse your petition and if you what to pursue it further, you will then have to hire an attorney.

The more direct way as has been suggested is to go straight to an attorney.

He might apply for a hunting license and use a bow and under some jurisdictions a muzzleloader, that is a sate discretionary issue, as I understand it.

The last thing he needs is to buy a firearm and receive an adult felony firearm violation. This is all most paralegal general law enforcement persons can say on this, anything more precise would need to come from your state attorney.

Get good legal advice! He might have to move to another state to be legal.