Chapter 6: Statutory Firearms and Ammunition Restrictions in Domestic Violence Cases

6.1Chapter Overview

This chapter addresses federal and state statutory firearms and ammunition restrictions that apply to individuals who are subject to the following criminal proceedings or court orders:1

•indictment on felony or misdemeanor charges.

•conviction of a felony.

•conviction of a misdemeanor.

•pretrial conditional release orders and probation orders issued in criminal cases for the protection of a named person.

•personal protection orders (PPOs).

Under federal and Michigan statutes, individuals subject to the foregoing proceedings or orders may face four types of restrictions on access to firearms and ammunition:

•Prohibition from purchasing, possessing, or receiving any firearms. Federal law prohibitions arise upon indictment for a felony charge, conviction of any felony or misdemeanor crime involving domestic violence, and on entry of certain orders for conditional pretrial release, probation, or personal protection. State law prohibitions arise upon conviction of certain felonies.

•Prohibition from obtaining a license to purchase, carry, or transport a pistol (pistol license). This prohibition arises under state law only. It applies to individuals who are subject to a felony indictment, a felony conviction, a pretrial conditional release order issued for the protection of a named person, or a PPO. It may also apply to persons deemed a threat to themselves or others.

•Prohibition from obtaining a license to carry a concealed pistol (concealed pistol license). This prohibition arises under state law only. It applies to individuals who are subject to a felony indictment, a felony or misdemeanor conviction, a pretrial conditional release order issued for the protection of a named person, or a PPO. It may also apply to persons deemed dangerous to themselves or others.

•Suspension or revocation of an existing concealed pistol license. A concealed pistol license may be suspended under state law if its holder is charged with a felony or misdemeanor. A concealed pistol license may be revoked if its holder becomes ineligible to obtain a license.

•Prohibition from possessing, using, transporting, selling, carrying, shipping, or distributing ammunition. Federal law prohibitions arise upon indictment for a felony charge, conviction of any felony or misdemeanor crime involving domestic violence, and on entry of certain orders for conditional pretrial release, probation, or personal protection. State law prohibitions arise upon conviction of certain felonies.

This chapter also addresses Michigan firearms restrictions that apply to individuals who are otherwise deemed dangerous to themselves or others, firearms restrictions against law enforcement employees, and a brief overview of Michigan statutory provisions governing the seizure and forfeiture of firearms used during the commission of a crime.

See Appendix for a table that summarizes federal and Michigan statutory firearms and ammunition restrictions that arise out of procedures involving domestic violence cases.

1   In general, firearms records “are confidential, are not subject to disclosure under the freedom of information act . . ., MCL 15.231 to [MCL 15.245], and shall not be disclosed to any person[.]” However, firearms records may be accessed and disclosed by a peace officer or authorized system user in certain circumstances, including in those situations where the individual whose firearms records are the subject of disclosure “poses a threat to . . . other individuals[,]” or where he or she “has committed an offense with a pistol that violates a law of this state, another state, or the United States.” MCL 28.421b(2)(a)-(b). See MCL 28.421b in its entirety for other situations in which firearms records may be disclosed.