Will I Lose My Gun Rights for Domestic Violence?Dec 27, 2017, by Domestic Violence, Legal Blog, Weapons in
In 2013, the Michigan State Police recorded over 93,000 incidents of domestic violence across the state. 43,152 of them involved the use of a “personal weapon.” Accordingly, both federal and Michigan law have provisions limiting gun rights of domestic violence perpetrators. Some of these limitations of your Second Amendment rights may apply even if you haven’t been convicted of a crime.
If you are facing domestic violence charges and are concerned about your Second Amendment rights being violated during the legal process, contact a Detroit firearms lawyer at Davis Law Group right away. Contact us today at (313) 818-3238.
How Does Michigan Law Restrict Gun Rights for Domestic Violence Perpetrators?
Under Michigan law, you can lose your right to own firearms if you get convicted of domestic violence, or if a domestic violence protective order has been issued against you. If someone complains that you have assaulted them, they can ask a judge to issue a restraining order. After a hearing, the judge may issue an order that prohibits certain conduct.
The judge issuing the protective order against you may include a provision prohibiting you from purchasing or possessing guns or ammunition. These restrictions apply only if the order was issued after a hearing, and you were given notice of the order’s provisions. The judge may even require you to surrender your guns, dangerous weapons, and ammunition to law enforcement. This domestic violence protective order will disqualify you from obtaining a handgun purchase license permit.
If you are convicted of domestic assault or aggravated domestic assault, Michigan law prohibits you from obtaining a concealed pistol license for eight years after your conviction. If you are convicted of a misdemeanor domestic violence crime, you are still free to purchase firearms and ammunition under Michigan law. But remember that any felony conviction will result in the revocation of your gun ownership rights for a period of time after you have served your sentence and paid your fines.
Federal Law Limits the Second Amendment Rights of Domestic Violence Offenders
Under federal law, you are prohibited from purchasing or possessing firearms a domestic violence protective order issued against you. This restriction applies regardless of whether the judge explicitly orders you to refrain from purchasing or possessing guns. However, your gun rights can be limited only if you had the opportunity to challenge the accusations at a hearing.
If you are convicted of a misdemeanor domestic violence crime against an intimate partner or child, federal law prohibits you from possessing, purchasing, or transporting firearms. The only way to get around this federal law is to have your conviction expunged or pardoned.
Contact Davis Law Group Today
If you have been convicted of a domestic violence offense or are the subject of a restraining order, you should contact a Michigan criminal defense lawyer to make sure that you understand the extent to which your gun rights have been limited. Although you may be able to own firearms according to Michigan law, federal law enforcement officers may still charge you for being in violation of a federal statute.
Violating federal or Michigan gun laws for domestic violence offenders will result in harsh fines and possible prison time. At Davis Law Group, we have the necessary experience to help you stay on the right side of the law, and we will vigorously defend you should you become subject to criminal charges. Contact us today at (313) 818-3238 to schedule a free case consultation.