Recent Changes to Firearm Rights in Michigan for Anyone Convicted of a Misdemeanor Offense Involving Domestic Violence
On February 13, 2024, amendments to MCL 750.224f took effect in the State of Michigan. These amendments made significant changes to the firearm rights of any person previously convicted of a "high court misdemeanor" punishable by less than a maximum of 2-years of imprisonment as well as any "misdemeanor involving domestic violence."
One of these significant changes is a new 8-year prohibition on any person convicted of a "misdemeanor involving domestic violence" from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm or ammunition in Michigan. This 8-year restriction begins after all of the following have been completed: (1) the individual has paid all fines imposed for the conviction; (2) the individual has served all terms of imprisonment, if ordered, or the conviction; and, (3) the individual has successfully completed all conditions of probation imposed for the conviction.
Prior to this change, MCL 750.224f only imposed firearm restrictions for individuals convicted of a felony offense, which was previously defined an offense punishable by a possible maximum term of imprisonment exceeding 2-years. However, these amendments also changed the definition of a "felony" to any offense punishable by imprisonment for more than 1-year. Now, any person previously convicted of a "misdemeanor involving domestic violence" or a "felony" (any offense punishable by more than 1-year of imprisonment, even if previously classified as a high court misdemeanor) can be prosecuted with a felony punishable by up to 5-years of imprisonment and a fine of up to $5,000.00 for unlawful possession, use, transportation, sale, carrying, shipping, or distributing a firearm if their firearm rights are not restored through a successful expungement application or firearm rights restoration petition.
Misdemeanor Offenses Involving Domestic Violence
A "misdemeanor involving domestic violence," includes the following criminal offenses:
Assault and Battery - Domestic Violence, MCL 780.81(2)
Assault and Battery - Domestic Violence 2nd Offense, MCL 780.81(4)
Aggravated Assault and Battery - Domestic Violence, MCL 780.81a(2)
Breaking and Entering or Entering without Breaking; Buildings, Tents, Boats,
Railroad Cars; Entering Public Buildings When Expressly Denied, MCL 780.115(2)
Vulnerable Adult Abuse in the 4th Degree, MCL 750.145n(4)
Malicious Destruction of Personal Property less than $200.00, MCL 750.3377a(1)(d)
Malicious Destruction of Personal Property less than $1,000.00 but more than $200.00, MCL 750.377a(1)(c)
Malicious Destruction of Real Property less than $200.00, MCL 750.380(5)
Malicious Destruction of Real Property less than $1,000.00 but more than $200.00, MCL 750.380(4)
Stalking, MCL 750.411h(2)(a)
Criminal Sexual Conduct in the 4th Degree, MCL 750.520e
Malicious Use of Telecommunications Service, MCL 750.540e
Potential Felony Charge if You are Found with a Firearm or Ammunition and Have Been Convicted of a Domestic Violence Misdemeanor
If you have a conviction for a misdemeanor involving domestic violence and your conviction has not been expunged, and you are caught in possession of a firearm or ammunition, you can be charged in the State of Michigan with a felony punishable by up to 5-years of imprisonment and/or a fine of up to $5,000.00.
Under this new law, in order to be eligible to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm and/or ammunition, anyone convicted of a misdemeanor involving domestic violence must seek to either restore their firearm rights or petition the convicting court for an order setting aside the conviction (often called an expungement). It is important to understand that your firearm rights are not automatically restored under this new law when 8-years have passed since your conviction for a misdemeanor involving domestic violence. Instead, the Michigan Legislature enacted certain prerequisite conditions identified above, including the payment of all fines, completion of all ordered jail sentences, and the successful completion of probation.
If you did not successfully complete probation, it is possible that a petition to restore your firearm rights will be denied on that basis alone and an application to set aside your conviction (i.e., expungement) is the only procedural method for restoring your firearm rights in the State of Michigan. For example, MCL 28.424 governs the restoration of firearm rights by the Circuit Court for individuals convicted of a "specified felony" and requires that a petitioner prove by clear and convincing evidence that the petitioner has "successfully completed all conditions of probation or parole imposed..." among other requirements. This language was analyzed by the Michigan Court of Appeals in In re Knight, 333 Mich App 681 (2020). In that case, the Michigan Court of Appeals held that the failure to successfully complete probation renders a petitioner ineligible for the restoration of their firearm rights pursuant to MCL 28.424.
The changes to MCL 750.224f are new. We have yet to see a Court interpret the requirement that a person "successfully complete all conditions of probation imposed" before the 8-year "waiting period" begins, and whether this language prohibits anyone who has been found to have not "successfully completed" 1 or more conditions of probation from ever legally possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm or ammunition in Michigan. It is our belief that Michigan Courts will likely continue the analysis found in In re Knight, rendering anyone convicted of a misdemeanor involving domestic violence who failed to complete all conditions of probation successfully from restoring their firearm rights absent obtaining an order setting aside the conviction. In addition to a potential Michigan felony charge, if you have a conviction for a misdemeanor involving domestic violence, and are in possession of a firearm or ammunition, you may be subjecting yourself to a potential federal charge of Possession of a Firearm or Ammunition by a Prohibited Person, a felony punishable by p to 10-years of imprisonment and up to $250,000.00 in fines. It is our recommendation to always seek advice from an experienced expungement and firearm restoration attorney to understand how your Michigan firearm rights and your federal firearm rights may be implicated by a prior conviction.
How to Restore your Firearm Rights with a Michigan Misdemeanor Conviction Involving Domestic Violence
If you have been convicted of a misdemeanor involving domestic violence and failed to successfully complete at least 1 condition of probation, you can still have your firearm rights restored through a successful application to set aside your conviction, often called an "expungement" in Michigan. An expungement application can be filed in the conviction court after 5-years have elapsed since your discharge from court supervision or any jail sentence imposed, if applicable; you have no convictions during that 5-year waiting period; and, there are no pending charges against you. This could, in effect, reduce the time-period imposed by MCL 750.224f from 8-years to 5-years if your expungement application is granted as the restrictions in MCL 750.224f do not apply to a conviction that has been expunged or set aside, unless the order setting aside the conviction expressly provides that the person shall not possess a firearm or ammunition. An expungement should always be considered before possessing a firearm or ammunition if you have a domestic violence related conviction as federal law, namely 18 USC 921(a)(33) and 922(g)(9) prohibits a person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition.
Experienced and Successful Michigan Expungement and Firearm Restoration Attorney
If you have a conviction for a misdemeanor involving domestic violence or a prior "high court misdemeanor" in Michigan and would like to restore your firearm rights, you need an experienced and successful Michigan expungement and firearm restoration lawyer. Spencer M. Bondy has successfully set aside complicated felony and misdemeanor convictions, including misdemeanor convictions involving domestic violence and "high court misdemeanors" throughout the State of Michigan. He has also successfully challenged the Federal Government on multiple occasions for its improper denial of his client's firearm purchases following a successful expungement application. Contact Spencer M. Bondy to see how he can help you clear your record and restore your firearm rights.
