State Gun Laws

Michigan state law does not automatically make it illegal for an abuser to have a gun if there is a protection order issued against him/her. A judge does have the option of including a firearm restriction in a personal protection order (“PPO”). If there is a firearm restriction included in a personal protection order, then the respondent in that order cannot have a gun for the period of time that the PPO is in effect.¹

In Michigan, a person who was convicted of a felony punishable by imprisonment of four years or more can only lawfully have or buy a gun or ammunition if three years have passed since s/he:

• paid all of the fines s/he was given when convicted;
• has served the term of his/her prison sentence; and
• successfully completed parole or probation.²

If the crime that the person was convicted of is a “specified felony,” then five years must pass since the completion of fines, prison sentence, and probation or parole.³ A “specified felony” means:

• s/he used, attempted, or threatened to use physical force when committing the crime;
• the crime involved a controlled substance, a firearm, or an explosive; or
• the felony is burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson.⁴

Michigan state law also says that a person cannot have a license to carry a concealed pistol if s/he:

• is under age 21;
• is not a US citizen or lawful permanent resident;
• is subject to a court order regarding mental illness or competency, see section 28.425b(7)(d) of the law for more information;
• has been convicted of a felony, punishable by death or imprisonment of one year or more;
• has been convicted of a crime listed in section 28.425b(7)(h) of the law within the past eight years, or a charge for any of the listed crimes is currently pending;
• has been convicted of a crime listed in section 28.425b(7)(i) of the law within the past three years, or a charge for any of the listed crimes is currently pending;
• is subject to an active personal protection order;
• has been dishonorably discharged from the armed forces;
• has been subject to an order of involuntary commitment in a mental health center or is under an order of legal incapacity in any state;
• is currently diagnosed with a mental illness that includes an assessment that the individual presents a danger to himself/herself or others, regardless of whether or not s/he is receiving treatment for the mental illness;
• has been acquitted of a crime by reason of insanity or mental illness; or
• the licensing board believes that it would be otherwise harmful to the safety of the applicant or others for the applicant to possess a concealed pistol based on clear and convincing evidence of repeated violations of this law, crimes, personal protection orders or injunctions, police reports or other clear and convincing evidence of the actions/ statements of the applicant.⁵

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ MCL § 600.2950(1)(e)
² MCL §§ 750.224f(1); 750.224f(3)
³ MCL §§ 750.224f(2); 750.224f(4)
⁴ MCL §§ 750.224f(10)
⁵ MCL § 28.425b(7)