Some criminal convictions can have significant impacts on one’s rights regarding firearms in Michigan. Two recent changes in the law expand those restrictions. They take effect on Feb. 13, 2024.

On Nov. 20, Governor Gretchen Whitmer signed into law Senate Bill 471, which is known as Public Act 201 of 2023. It amends Public Act 328 of 1931. It specifically amended the statute MCL 750.224f.

This statute breaks down into several sections. The recent amendment inserted a new section 5, which is triggered when someone is convicted of a misdemeanor involving domestic violence. To understand its impact, one should first review sections 1 through 4.

Section 1 of MCL 750.244f provides that if one has been convicted of a felony, he or she may not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in Michigan until the expiration of three years after certain conditions have been met. Those include the person having paid all fines, served any term of confinement, and successfully completed all conditions of probation or parole.

Section 2 provides that one may lose those same firearm rights if convicted of a “specified felony” until the expiration of five years after those same certain conditions have been met. There is one additional condition. One must also have his or her rights restored by petitioning the circuit court in their county of residence under MCL 28.424.

A “specified felony” is one involving the use, attempted use, or threatened use of physical force against a person or the property of another. It also includes instances where there is a substantial risk of such force. A “specified felony” is also one involving the unlawful manufacture, possession, importation, exportation, or distribution of a controlled substance. It also includes unlawful possession or distribution of a firearm, the unlawful use of an explosive, burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson.

Sections 3 and 4 are very similar to sections 1 and 2 respectively. Other than a slight difference, these provide the same restrictions but for ammunition. Again, for a felony conviction there is the three-year period and for a specified felony conviction there is the five-year period along with the same conditions.

The new section 5 provides that when one is convicted of misdemeanor involving domestic violence, he or she loses those rights regarding firearms or ammunition. The difference is that the individual must wait eight years after he or she has paid all fines, served any confinement, and successfully completed all conditions of probation. It is important to understand what crimes are included as a “misdemeanor involving domestic violence.”

First, it includes of course when one assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household. This is generally known as the crime of “domestic violence” under MCL 750.81. A first offense is a misdemeanor punishable by up to 93 days and/or $500 in fines. A second offense is a misdemeanor punishable by up to one year and/or $1,000 in fines. A third offense is a felony punishable by up to 5 years and/or $5,000 in fines. Interestingly, the felony version of domestic violence is not covered by the recent amendment. Thus, instead of one having to comply with the eight-year period, one would only have to comply with the five-year period and conditions.

Second, it includes what is often referred to as “aggravated domestic violence” under MCL 750.81a. This is when one commits an assault causing a serious or aggravated injury without a weapon and not intending to commit murder or great bodily harm when there is one of those domestic relationships. A first offense is a misdemeanor punishable by up to one year and/or $1,000 in fines. A second offense is a felony punishable by up to 5 years and/or $5,000 in fines. Again, the amendment creating the eight-year waiting period does not apply to the felony version of this offense.

Third, it also includes a series of other offenses that have recently become misdemeanors involving domestic violence through the second bill, Senate Bill 528, as well as any ordinance, law of another state, or law of the U.S. specifically designated as domestic violence.

SB 528 was signed into law on Nov. 20 by the governor. It created Public Act 199 of 2023. It amended sections of several other criminal statutes. Those include MCL 750.115 for breaking and entering, MCL 750.145n for abuse of a vulnerable adult, MCL 750.377a for willful and malicious destruction of personal property, MCL 750.380 for willful and malicious destruction of certain structures, MCL 750.411h for stalking, and MCL 750.540e for malicious use of telecommunication services intended to terrorize, frighten, intimidate, and harass another.

This second bill created new misdemeanors where there is a domestic relationship as described above between the defendant and victim. The amendments created by this bill created new misdemeanors where the act was already a crime regardless of a domestic relationship.

For instance, under MCL 750.377a, it was already a misdemeanor if one destroyed the personal property of another that had a value between $200 and $1,000. The amendment simply made an identical crime where there is a domestic relationship between the defendant and victim. Each is a misdemeanor punishable by up to one year and $2,000 or three times the value of the property. The same is largely true as to the other criminal statutes mentioned above. So why the new offenses?

It appears the changes in SB 528 were intended to give meaning to the corresponding changes in SB 471 impacting one’s rights regarding firearms and ammunition.

Understanding one’s rights and the law is important. There is more to these bills and statues. To learn more, visit www.legislature.mi.gov.

Jason Elmore is the Circuit Court judge for Wexford and Missaukee counties.

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