Felony Indictment

(See Section 6.4)

Person subject to felony indictment is disqualified from receiving firearms or ammunition, and it is illegal to sell these items to the person indicted. 18 USC 922(d)(1); 18 USC 922(n).

Law enforcement officers are exempt from federal firearm restrictions. 18 USC 925(a)(1).

Individual subject to felony indictment is disqualified from obtaining a firearm license. MCL 28.422(3)(d).

Individual subject to felony indictment is disqualified from obtaining a concealed pistol license. MCL 28.425b(7)(f).

Existing concealed pistol license is subject to suspension and/or revocation. MCL 28.428(2).

Certain law enforcement, military, and governmental employees may be exempt from the firearm licensing statute under MCL 28.432, and from the concealed pistol licensing statute under MCL 28.432a.

Misdemeanor Indictment (Section 6.4)

No federal restrictions.

Individual subject to certain misdemeanor indictment is disqualified from obtaining a firearm license. MCL 28.422(3)(d).

Individual charged with certain specified misdemeanors as listed in MCL 28.425b(7)(h) or MCL 28.425b(7)(i) is disqualified from obtaining a concealed pistol license. MCL 28.425b(7)(h); MCL 28.425b(7)(i).

Existing concealed pistol license is subject to suspension. MCL 28.428(2).

Certain law enforcement, military, and governmental employees may be exempt from the pistol licensing statute under MCL 28.432, and from the concealed pistol licensing statute under MCL 28.432a.

Felony Conviction

(Section 6.5)

Convicted felon cannot possess, receive, or transport firearms or ammunition. 18 USC 922(g)(1).

Person is prohibited from selling or otherwise disposing of firearms or ammunition to a convicted felon. 18 USC 922(d)(1).

Law enforcement officers are exempt from federal firearm restrictions. 18 USC 925(a)(1).

Note: For purposes of federal statutes, if the felony conviction has been expunged, set aside, pardoned, or civil rights were restored, it is not considered a conviction unless firearm restrictions are expressly provided. 18 USC 921(a)(20).

Individual convicted of felony punishable by imprisonment of four or more years cannot “possess, use, transport, sell, purchase, carry, ship, receive, or distribute” firearms or “possess, use, transport, sell, carry, ship, or distribute ammunition” in Michigan until expiration of three years and after certain circumstances are met. MCL 750.224f(1); MCL 750.224f(3); MCL 750.224f(9).

Person convicted of specified felony as defined in MCL 750.224f(10) cannot “possess, use, transport, sell, purchase, carry, ship, receive, or distribute” firearms or “possess, use, transport, sell, carry, ship, or distribute ammunition” in Michigan until expiration of 5 years and after certain circumstances are met, or until after the person’s right to perform any of these actions has been restored.

MCL 750.224f(2); MCL 750.224f(4).

Law enforcement officers not exempt from restrictions imposed under MCL 750.224f. See MCL 750.231.

Individual convicted of felony punishable by imprisonment of four or more years subject to restrictions set out in MCL 750.224f is disqualified from obtaining a firearm license under MCL 28.422(3)(e), or a concealed pistol license under MCL 28.425b(7)(e).

Convicted felon (i.e. punishable by imprisonment for more than one year) is disqualified from obtaining a concealed pistol license. MCL 28.425b(7)(f).

Existing concealed pistol license is subject to suspension and revocation. MCL 28.428(1); MCL 28.428(2)-(3). See Section 6.4(B)(2); Section 6.10.

Certain law enforcement, military, and governmental employees may be exempt from the firearm licensing statute under MCL 28.432, and from the concealed pistol licensing statute under MCL 28.432a.

Misdemeanor Conviction (Section 6.6)

Person convicted of misdemeanor crime of domestic violence as defined in 18 USC 921(a)(33) cannot possess, receive, or transport firearms or ammunition. 18 USC 922(g)(9).

Person is prohibited from selling or otherwise disposing of firearms or ammunition to person convicted of misdemeanor crime of domestic violence. 18 USC 922(d)(9).

Law enforcement officers not exempt from restrictions imposed under 18 USC 922(d)(9) and 18 USC 922(g)(9). 18 USC 925(a)(1).

Note: For purposes of federal statutes, if the conviction has been expunged, set aside, pardoned, or civil rights were restored, it is not considered a conviction unless firearm restrictions are expressly provided. 18 USC 921(a)(20).

Person convicted of misdemeanor involving domestic violence cannot “possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in [Michigan] until the expiration of 8 years after” all fines have been paid, all terms of imprisonment have been served, and all conditions of probation have been completed. MCL 750.224f(5)(a)-(c).

Individual convicted of certain misdemeanor crimes as indicated under MCL 28.425b(7)(h) within eight years immediately preceding date of concealed pistol license application is disqualified from obtaining such license. MCL 28.425b(7)(h).

Individual convicted of certain misdemeanor crimes as indicated under MCL 28.425b(7)(i) within three years immediately preceding date of concealed pistol license application is disqualified from obtaining such license. MCL 28.425b(7)(i).

Existing concealed pistol license is subject to suspension and revocation. MCL 28.428(1); MCL 28.428(2)-(3). See Section 6.4(B)(2); Section 6.10.

Certain law enforcement, military, and governmental employees may be exempt from the firearm licensing statute under MCL 28.432, and from the concealed pistol licensing statute under MCL 28.432a.

Entry of Court Order Restricting Firearms

(Section 6.7)

Person subject to court order restraining him/her from “harassing, stalking, or threatening an intimate partner . . . or child of such intimate partner . . ., or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child” cannot possess or receive firearms or ammunition. 18 USC 922(g)(8).

Person is prohibited from selling or otherwise disposing of firearms or ammunition to person subject to court order that restrains person from abusing intimate partner or intimate partner’s child, and court order met procedural requirements as set out in 18 USC 922(d)(8)(A)-(B). 18 USC 922(d)(8).

Law enforcement officers not exempt from court order with specific restrictions or conditions against him/her. See generally 18 USC 922(d)(8). But see, 18 USC 925(a)(1), which generally provides an exemption from federal firearm restrictions for use by federal or state departments or agencies, which presumably includes law enforcement agencies.

Domestic relationship PPO, nondomestic stalking PPO, or nondomestic sexual assault PPO may enjoin or restrain person from purchasing or possessing firearms. MCL 600.2950(1)(e); MCL 600.2950a(26).

Conditional pretrial release order may include condition that person not purchase or possess firearms. MCL 765.6b(1), MCL 765.6b(3); MCR 6.106(D)(2)(k). Where person is ordered “to carry or wear an electronic monitoring device as a condition of [pretrial] release,” court must also order person to not purchase or possess a firearm. MCL 765.6b(3).

Probation order may include any condition of probation that is “reasonably necessary for the protection of 1 or more named persons.” MCL 771.3(2)(o).

Law enforcement officer not exempt from court order with specific restrictions or conditions against him/her. MCL 600.2950(1)(e), MCL 600.2950(2); MCL 600.2950a(5), MCL 600.2950a(26); MCL 765.6b(3); MCL 771.3(2)(o).

Entry of Court Order Restricting Firearms, continued

(Section 6.7)

Individual subject to domestic relationship PPO, nondomestic stalking PPO, nondomestic sexual assault PPO, or extreme risk protection order (ERPO) is disqualified from obtaining a firearm license under MCL 28.422(3)(a)(iii)-(iv), (viii), and a concealed pistol license under MCL 28.425b(7)(d)(iii) and (vi).

Individual subject to conditional pretrial release order that specifies individual may not purchase or possess a firearm is disqualified from obtaining a firearm license under MCL 28.422(3)(a)(vi), and a concealed pistol license under MCL 28.425b(7)(d)(iv).

Existing concealed pistol license is subject to suspension and revocation. MCL 28.428(1); MCL 28.428(3). See Section 6.10.

Note: Firearm license disqualification requires restrained individual to receive notice and opportunity for a hearing in court proceeding where PPO or conditional release was issued. MCL 28.422(3)(a). Concealed pistol license restrictions apply even if restrained party had no notice in the proceeding when the order was issued. See MCL 28.425b(7)(d).

Dangerous or Mentally Ill Individuals (Section 6.9)

No federal provision.

Individual may be disqualified if deemed dangerous to themselves or others from obtaining a firearm license under MCL 28.422(3).

Individual may be disqualified from obtaining a concealed pistol license under MCL 28.425b(7)(j) if the individual has been “found guilty but mentally ill of any crime [or] has . . . offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity.”

Individual may be disqualified from obtaining a concealed pistol license under MCL 28.425b(7)(k) if the individual is “currently [or] has . . . been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.”

Individual may be disqualified from obtaining a concealed pistol license under MCL 28.425b(7)(l) if the individual has “a diagnosis of mental illness that includes an assessment that the individual presents a danger to himself or herself or to another at the time the application is made, regardless of whether he or she is receiving treatment for that illness.”

Individual may be disqualified from obtaining a concealed pistol license under MCL 28.425b(7)(m) if the individual is “under a court order of legal incapacity in this state or elsewhere.”

Existing concealed pistol license is subject to suspension and revocation. MCL 28.428(1); MCL 28.428(3). See Section 6.10.