Can I Get a Carry Concealed Weapon License After a Domestic Violence Conviction?
Many people wonder, “can I own a gun after a domestic violence conviction?”
In Michigan, restrictions on gun rights start the minute an individual is charged with domestic violence.
Once charged with domestic violence, an individual is prohibited from obtaining a license to purchase, carry, or transport a pistol (this is the tan card obtained from a gun store that must then be filed with the local police department).
If charged with domestic violence, regardless of guilt or innocence, an individual may not apply for a permit to carry a concealed weapon.
Further, if an individual charged with domestic violence has a Concealed Pistol License (CPL), they’ll receive notice from the County Concealed Weapons Licensing Board that any existing CPL is suspended.
At the first court hearing after being charged with domestic violence, called an arraignment, the court will almost always enter a “No Contact Order” preventing the individual charged from having contact with their accuser.
Under Michigan law, a domestic violence no-contact order means that an individual cannot purchase, possess, or receive a gun and also cannot obtain a new CPL.
Additionally, any existing CPL will be revoked by the Board.
Regardless of whether an individual is charged with domestic violence, bond and pretrial release court orders almost always contain a provision that the person charged isn’t, “to possess or purchase a firearm or other dangerous weapon.”
Can I Still Own a Gun After a Domestic Violence Conviction?
If ultimately convicted of misdemeanor domestic violence in Michigan, an individual is then prohibited under Michigan law from obtaining a CPL for eight years following the conviction.
Federal law, however, is much tougher.
For almost 50 years now, federal law has been rather clear that individuals who have convictions for domestic violence charges cannot legally possess firearms.
when a domestic violence or harassment restraining order is out against you.
Why Does Federal Law Matter When I Want to Purchase a Handgun in Michigan?
In Michigan, an individual must be 21 years or older to buy a pistol from a Federal Firearm License dealer (FFL) and 18 years or older to purchase from a private seller.
Only Michigan residents may purchase a pistol in Michigan.
When purchasing a pistol through FFL dealer, the dealer will have the individual fill out ATF form 4473.
The dealer will then call the National Instant Criminal Background Check System (NICS), provide the individual’s information to the FBI, and the FBI will then complete a background check and let the dealer know whether the individual is approved or denied.
The first line of ATF form 4473 states, “you may not receive a firearm if prohibited by Federal or State law.”
Since a misdemeanor domestic violence conviction is prohibited under federal law, a Michigan resident who has been convicted of domestic violence will not be permitted to purchase a gun from a federally licensed firearms dealer located in Michigan.
So the answer to the question, “Can I still own a gun after a domestic violence conviction?,” the answer remains no.
If an individual is seeking to purchase a pistol from a private seller and not an FFL dealer, they must first obtain and fill out a pistol purchase permit from their local police agency (city police department or county sheriff’s department).
Michigan’s purchase permit specifically asks whether an individual has been convicted of misdemeanor domestic violence.
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