Domestic Violence and Gun Ownership in Michigan - How a DV Charge...

undefinedDomestic Violence and gun ownership in Michigan - a topic that seems so confusing that 99% of Criminal Defense Lawyers are afraid to even address the topic.  There are only a handful of Michigan Domestic Violence Attorneys who understand Domestic Violence and gun ownership in Michigan.  Let's dive right in and set the record straight . . .

Domestic Violence and gun ownership in Michigan starts with the Domestic Violence charge itself .  Once you are facing a Michigan Domestic Violence charge, you will be prohibited under Michigan law from obtaining a license to purchase, carry, or transport a pistol (called a "Pistol License" - this is the tan colored card you receive from the gun store and file with the local Police Department).

Once you're facing a Michigan Domestic Violence charge, regardless of guilt or innocence, you won't be able to purchase a pistol.  the impact of Domestic Violence and gun ownership in Michigan is immediate.  You will also receive notice from the County Concealed Weapons Licensing Board that any existing Concealed Pistol License ("CPL") is suspended.   

Also, odds are that at your Arraignment, the Court has entered a "No Contact Order" preventing you from any and all contact with your accuser as part of your Bond (a No Contact Bond Condition - see MCL 765.6b).  This is where most people realize the correlation between Domestic Violence and gun ownership.  [click here for our articles on Domestic Violence No Contact Orders / Domestic Violence No Contact Bond Conditions]

Under Michigan law, a Domestic Violence No Contact Order means that you cannot purchase, possess, or receive a gun, you cannot obtain a "Pistol License (defined above), you cannot obtain a new CPL, and any existing CPL will be revoked by the Board.  Domestic Violence and gun ownership alone is enough reason to hire a knowledgeable Michigan Domestic Violence Lawyer to help prevent a No Contact Order - but it must be done immediately - before Arraignment if possible.

Under Federal law [18 U.S.C. 922(g), the "Lautenberg Act"], having a Domestic Violence No Contact Order means you cannot "ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."  Additionally, even if there is no No Contact Order, Domestic Violence and gun ownership can still interplay because a standard Bond condition for all Misdemeanor charges in Michigan is that you "not possess or purchase a firearm or other dangerous weapon."  Thus, Domestic Violence and gun ownership is affected by a standard Bond condition.

Now that we've dealt with the Michigan Domestic Violence charge, what is the story on convictions for Domestic Violence and gun ownership in Michigan?  If you are actually convicted of Domestic Violence in Michigan (also called DV), you are prohibited under Federal law from doing the same things mentioned above regarding the Domestic Violence No Contact Order.  Under Michigan law, you cannot get a CPL for 8 years following the Domestic Violence Conviction, and your existing CPL may be revoked.  Domestic Violence and gun ownership just don't mix.

This is why it is important to walk away from the case without a "Conviction," such as with the Michigan Domestic Violence Deferral under MCL 769.4a.

The Bottom-LineDomestic Violence and gun ownership means that there is a strong possibility that you are going to have to part with your guns while your Michigan Domestic Assault charge is pending.  But a good Michigan Domestic Violence Lawyer can help see to it that you are able to get your guns back after it's over.  Still reading?  Why not call The Law Office of Brian J. Prain, PLLC right now at (248) 731-4543 and get real answers, right over the phone.  **Please note that we do not answer questions on this topic unless you are currently facing a Michigan Domestic Violence charge.**  Don't feel like talking but still want answers?  Fill out the Contact Form

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