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EspañolI do not have a PPO against the abuser, and s/he has not been convicted of any crime. Can s/he have a gun?
In Michigan, there can still be other reasons why a person cannot carry a concealed weapon aside from being subject to an active PPO or being convicted of a crime. Michigan state law 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;
- has an extreme risk protection order issued against him/her;
- 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 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.1
Additionally, in certain child abuse cases, a judge can order that the abusive person surrender his/her guns to a local law enforcement agency.2
If any of these fit your situation, please talk to an advocate in your area about how these laws are being enforced.
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact a local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our MI Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in Michigan, you can go to the Giffords Law Center website.
1 MCL § 28.425b(7)
2 MCL § 712A.13a(8)(b)
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can also contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2.
- You can contact a local domestic violence organization in your area - see our MI Advocates and Shelters page.
- You can write to our Email Hotline.
