The Holmes Act referred to in the question is a part of Michigan state law, and any answer would be applicable ONLY to the state of Michigan.
It depends what offense you were arrested and prosecuted for.
[a short explanation of the Holmes Act is posted on the discussion page]
- - - - - - - -
Based on the bold part of section 2, you should be able to own a firearm.
MCL 762.14 - Discharge of individual and dismissal of proceedings upon final release; assignment as youthful trainee not conviction; compliance with sex offenders registration; proceedings closed to public inspection; inspection by courts, state departments, and law enforcement personnel.
(1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter, upon final release of the individual from the status as youthful trainee, the court shall discharge the individual and dismiss the proceedings.
(2) An assignment of an individual to the status of youthful trainee as provided in this chapter is not a conviction for a crime and, except as provided in subsection (3), the individual assigned to the status of youthful trainee shall not suffer a civil disability or loss of right or privilege following his or her release from that status because of his or her assignment as a youthful trainee.
(3) An individual assigned to youthful trainee status before October 1, 2004 for a listed offense enumerated in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, is required to comply with the requirements of that act.
(4) Unless the court enters a judgment of conviction against the individual for the criminal offense under section 12 of this chapter, all proceedings regarding the disposition of the criminal charge and the individual's assignment as youthful trainee shall be closed to public inspection, but shall be open to the courts of this state, the department of corrections, the family independence agency, law enforcement personnel and, beginning January 1, 2005, prosecuting attorneys for use only in the performance of their duties.
If the firearm owner records the name of the person he wishes to have the firearm and so identifies the firearm in his will, that person is eligible to receive the gun. Otherwise, the estate administrator can indicate who can receive the gun.
NOT if you were charged and convicted of a FELONY.
You must be a California resident and eligible to own firearms in order to do this.
No. If you are a convicted felon then you can not possess a firearm. However if the adjudication of guilt was withheld then you may be able to file to have the charge sealed and be eligible at that time to possess one.
Under State law- possibly. Under Federal law, you would be sentenced to 5 years in prison, no probation, no parole.
No. Convicted felons are federally barred from owning or possessing a firearm. You may be eligible for expungement to restore your gun rights but you will need a lawyer.
A shotgun is a firearm. A revolver is a firearm. A pistol is a firearm. A rifle is a firearm. If you want even more specific -- A Remington 1187 is a firearm (shotgun). A Smith and Wesson 686 is a firearm (revolver). A Sig Sauer P226 is a firearm (pistol). A Colt 6920 is a firearm (rifle).
Serious criminal convictions require (and a rarely granted) a waiver. Under Federal law, a felon may not possess a firearm, and is generally not eligible for enlistment.
Depends. Were you adjudicated in a court of law where the judge could have sentenced you to prison for more than 1 year(regardless if you were or not)? If so, then you may be ineligible to purchase a firearm(handgun) or own a firearm in ANY state until such charge has been expunged or 'set aside' and your rights restored in a court of law.
Yes it is unlawful for you to be anywhere around firearms regardless of WHO owns them. To be in the same place as a firearm places you in what the law calls "concurrent possession" of the firearm. You could be convicted of the possession and sentenced to prison ESPECIALLY if you are a federally convicted felon.
No, Sword is not a firearm.
I am guessing that since you are asking this question, that means you are not legally eligible to purchase a firearm. The background check is there to prevent criminals, convicted felons, drug users, mentally unstable and underage people from buying a firearm. If you do not qualify to purchase a firearm, I would highly recommend not trying because it is a major federal offense that comes with serious jail time. You do not want to spend the next several years in jail over a gun.