Domestic violence is a serious crime. Known as domestic assault in Michigan, it’s a crime that’s incredibly common. Learn more about domestic violence and ownership of guns in this article.
Are you interested in expungement to restore your gun rights? Facing domestic violence charges? Request a free consultation now.
Usually, two adults who reside together get into a heated argument.
Wanting to deescalate the situation, one of the adults often calls the police.
He or she think if police officers arrive at the scene, the officers will be able to facilitate a resolution or at the very least help the adults cool down and then be on their way.
Little do these individuals know about the unwritten rule whereby officers, when dispatched to domestic violence disputes, nearly always arrest one of the parties.
Nearly every time, one of the parties will volunteer information to the officer in order to help the situation when in reality, that party is offering incriminating evidence to the officer not knowing the officer is about to arrest someone.
This is an unattended consequence our law firm commonly sees in domestic assault cases.
What Michigan Law Says About Domestic Violence
Under Michigan law, assuming the person charged doesn’t have any prior domestic assault convictions on his or her record, domestic assault is typically charged as a misdemeanor.
Both domestic assault (when the victim is not injured) and aggravated domestic assault (when the victim receives serious or aggravated injuries) are misdemeanors.
Domestic assault is a 93-day misdemeanor and aggravated domestic assault is a one-year misdemeanor.
The Right to Possess a Firearm Under Michigan and Federal Laws
Domestic assault charges are especially concerning for individuals who want to possess a firearm.
These include hunters, police officers, military personnel, or CCW holders.
State and federal laws differ regarding gun possession and ownership.
For instance, you must be at least 18 to purchase a gun in Michigan.
To purchase a handgun from a federally licensed dealer, you must be at least 21.
Anyone convicted of a felony is barred from possessing a firearm under federal law.
However, in Michigan, a convicted felon is usually only restricted from possessing a firearm for a period of three to five years.
As to domestic violence, federal law prohibits the possession of gun if an individual has a misdemeanor domestic violence conviction, and Michigan does not.
The federal rule is known as the “Brady Disqualifier.”
Federal law defines the term “misdemeanor crime of domestic violence” as a misdemeanor that:
“has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon…”
Domestic Violence and Ownership of Guns
Michigan’s domestic assault and aggravated domestic assault charges don’t include the use of weapon.
Instead, Michigan has a separate offense, assault with a deadly weapon, which is a felony.
As you can see, Michigan and federal laws greatly differ and the need for an experienced and proven attorney to navigate these areas is a must.
Are you interested in expungement to restore your gun rights? Facing domestic violence charges? Request a free consultation now.
Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. When it comes to criminal defense, Barton’s reputation is stellar. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyer’s Association and as the President of the Michigan Association of OWI Lawyers. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Barton was also the only chosen criminal defense attorney to present to the Michigan State Police’s Impaired Driving Commission on the issues of driving under the influence of marijuana. Regarding marijuana, he has also very well known and respected. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years.