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Legislation was recently introduced in the Michigan Legislature that would prohibit a person convicted of misdemeanor domestic violence from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm or ammunition in Michigan until the expiration of 8 years after the person has paid all fines imposed for the violation, the person has served all terms of imprisonment imposed for the violation, and the person has successfully completed all conditions of probation or parole imposed for the violation. The main bills in the legislative package are Senate Bill 471 and House Bill 4946.
This stated intent behind the legislation -keeping guns out of the hands of people with a recent history of domestic violence- is something most reasonable people agree with regardless of their political leanings. This 8 year prohibition for misdemeanor domestic violence already exists in federal law. However, the legislation recently introduced in Lansing goes well beyond federal law in many ways that are almost certainly unconstitutional. Consequently, MCRGO has gone on record in opposition to the bills.
Despite the theme of domestic violence, these bills do not actually focus on violence. A great number of non-violent acts are targeted in the legislation. As an example, the legislation includes using a telecommunications device in a manner that "annoys another person," or making an unsolicited commercial call after 9 PM.
Furthermore, regarding dating relationships, federal law applies to a “current or recent former dating relationship with the victim.” The Michigan legislation, in contrast, says, “has or has had a dating relationship.” The word "recent" is omitted. The bills could apply to a dating relationship that hasn't existed in many years.
The federal definition of a misdemeanor crime of domestic violence may be found HERE. The federal definition requires “the use or attempted use of physical force, or the threatened use of a deadly weapon.”
Federal courts are already striking down prohibitions for non-violent felonies. How are they going to see non-violent misdemeanors?
MCRGO's position on the bills could change if references to non-violent crimes are removed from the bills and the language is cleaned up to reflect federal law.
MCRGO thanks Michigan Open Carry's Legislative Director, Tom Lambert, for his legal research on this legislation which contributed substantially to this article.
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