Whitmer signs bill stripping gun rights for non-violent offenders

dwkl · November 30, 2023

Gov. Gretchen Whitmer is proudly highlighting a vital bipartisan gun violence bill package that she recently signed into law. This essential measure aims to safeguard the lives of those endangered by domestic violence, reflecting the governor’s unwavering commitment to protecting the vulnerable.

The bills prohibit individuals convicted of misdemeanor domestic violence from purchasing, possessing, or transporting firearms for a duration of eight years following their sentence.

But the bills also encompass a wide range of nonviolent offenses and misdemeanors, such as breaking into vending machines and parking meters, tampering with electronic tethers, property squatting, polluting, recording in a movie theater, and joyriding.

All in all, these bills enforce restrictions on the possession and sale of firearms and ammunition in over 100 legal situations unrelated to domestic violence.

According to an analysis by the Michigan House Fiscal Agency, House Bill 4945 brings about an update to the sentencing guidelines, aiming to prevent individuals convicted of domestic violence from purchasing or possessing firearms or ammunition for a duration of eight years.

The bill also aims to broaden the definition of a felony, thereby expanding the range of crimes that would result in individuals being prohibited from possessing, using, or transferring firearms or ammunition for a period of three years after they have completed their sentence.

Senate Bill 471 renders illegal firearm and ammunition possession by individuals convicted of misdemeanor domestic violence.

According to Senate Legislative Analysis, SB 471 “would make violations of laws of other states and of the United States that are punishable by more than one year of imprisonment, but less than four, newly subject to these felony possession prohibitions.”

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In certain cases, this prohibition would extend to a minimum of five years, as outlined in the House analysis.

SUMMARY:

House Bill 4946 would amend the Michigan Penal Code to prohibit a person convicted of specified misdemeanors involving domestic violence from possessing, using, or transferring a firearm or ammunition for eight years after they have paid any fines, served any imprisonment, and completed any conditions of parole or probation for the violation.

The bill also would change the definition of the term felony to expand the list of crimes for which a person may be prohibited from possessing, using, or transferring a firearm or ammunition for three years after completing their sentence (or, in specified cases, for at least five years).

Current law

The act now prohibits a person convicted of a felony from possessing, transporting, selling, purchasing, shipping, receiving, or distributing a firearm or ammunition in Michigan until three years have passed since the person paid any fines, served any imprisonment, and completed any conditions of parole or probation for the violation.
Felony means a violation of a law of this state, or of another state, or of the United
States that is punishable by imprisonment for four years or more, or an attempt to
violate such a law.

In addition, the act prohibits a person convicted of a specified penalty from possessing,
transporting, selling, purchasing, shipping, receiving, or distributing a firearm or ammunition in Michigan until both of the following are met:

Five years have passed since the person paid any fines, served any imprisonment, and completed any conditions of parole or probation for the violation.
The person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or
distribute a firearm has been restored under section 4 of 1927 PA 372.1

Specified felony means a felony to which one or more of the following apply:

An element of the felony is the use, attempted use, or threatened use of physical
force against the person or property of another, or by its nature, the felony
involves a substantial risk that physical force against the person or property of
another may be used in the course of committing the offense.
An element of the felony is the unlawful manufacture, possession, importation,
exportation, distribution, or dispensing of a controlled substance.
An element of the felony is the unlawful possession or distribution of a firearm.
An element of the felony is the unlawful use of an explosive.
The felony is burglary of an occupied dwelling, breaking and entering an
occupied dwelling, or arson.

A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm or ammunition in violation of the above prohibitions is guilty of a felony punishable by imprisonment for up to five years or a fine of up to $5,000, or both.

Domestic violence misdemeanors

The bill would additionally prohibit a 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 until eight years after all of the following applicable conditions have been met:

The person has paid all fines imposed for the violation.
The person has served all terms of imprisonment imposed for the violation.

The person has successfully completed all conditions of probation or parole imposed
for the violation.

Misdemeanor involving domestic violence would mean a misdemeanor that meets all of the following:

It is punishable by imprisonment for one year or less.

It is one of the following offenses:A violation of any of the following Michigan Penal Code sections

(also see Table 1, below):

Section 81 (assault or assault and battery).
Section 81a (aggravated assault).
Section 115 (breaking and entering or entering without
breaking).
Section 145n (vulnerable adult abuse).
Section 377a (willful and malicious destruction of personal
property).
Section 380 (willful and malicious destruction of another’s
house, barn, or building).
Section 411h (stalking).
Section 520e (fourth degree criminal sexual conduct).
Section 540e (malicious use of phone service).
A violation of an ordinance, a law of another state, or a law of the
United States that substantially corresponds to a violation listed above.
A violation of an ordinance, a law of another state, or a law of the
United States that is specifically designated as domestic violence.

Any of the following apply:

The victim is the convicted person’s spouse or former spouse.
The victim has or has had a dating relationship with the convicted
person.
The victim has or has had a child in common with the convicted person.
The victim is a resident or former resident of the convicted person’s
household.
The convicted person is the victim’s parent or guardian

Read the rest of the summary here

https://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4945-9B3EF036.pdf