Michigan Law
Michigan Domestic Violence Firearm Purchase and Possession Prohibitions
Michigan does not prohibit purchase and possession of firearms or ammunition by persons convicted of misdemeanor crimes of domestic violence.
A court issuing an ex parte or final domestic violence personal protection order or an ex parte or final personal protection order against stalking may prohibit purchase and possession of firearms by the subject of the personal protection order.1
MICHIGAN PERSONAL PROTECTION ORDER FIREARM REMOVAL
Civil Personal Protection Orders that Require Removal
Michigan does not require removal of firearms or ammunition from subjects of personal protection orders; however, a court issuing an ex parte or final domestic violence personal protection order may restrain or enjoin “[a]ny other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.”2 A court issuing an ex parte or final personal protection order against stalking may restrain or enjoin “[a]ny other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence or sexual assault.”3
In certain cases of child abuse, a court issuing an order to an abusive parent, guardian, custodian, non-parent adult, or other person residing in a child’s home to leave the home and not to subsequently return may order the alleged abusive person “to surrender to a local law enforcement agency any firearms or other potentially dangerous weapons the alleged abusive person owns, possesses, or uses.”4
Individuals Who May Petition for a Personal Protection Order
The following persons may petition for a personal protection order:
- Spouses;
- Former spouses;
- Persons who have a child in common;
- Persons who have or have had a dating relationship;
- Persons who reside or have resided in the same household.5
Penalties for Violation
A peace officer may arrest and take into custody, without a warrant, an individual when the peace officer has or receives positive information that another peace officer has reasonable cause to believe that the individual is the subject of a personal protection order or foreign protection order and the individual is violating or has violated the order.6
Within 24 hours of the arrest, the individual shall be brought before the family division of the circuit court having jurisdiction to answer the charge of contempt for violating the personal protection order.7 A hearing on the alleged violation shall be set within 72 hours of the arrest (unless extended by the court upon a motion of the arrested individual or prosecuting attorney).8
Alternatively, the petitioner may file a motion, supported by appropriate affidavit, to have the respondent found in contempt for violating the personal protection order.9 “If the petitioner’s motion and affidavit establish a basis for a finding of contempt the court shall either: (a) order the respondent to appear at a specified time to answer the contempt charge; or (2) issue a bench warrant for the arrest of the respondent.”10 The petitioner must serve the motion to show cause and the order to appear on the respondent by person service at least 7 days before the show cause hearing.11
If the respondent pleads or is found guilty of criminal contempt, the court shall sentence the respondent to incarceration for no more than 93 days and may impose a fine of not more than $500.12
If the respondent pleads or is found guilty of civil contempt, the court shall impose a fine or imprisonment as specified below:13
- A fine not to exceed $7,500 or imprisonment not to exceed 93 days, or both, in the discretion of the court. The court may place such individual on probation.14
- If the alleged misconduct has caused an actual loss or injury to any person, the court shall order the respondent to pay such person a sufficient sum to indemnify him.15
