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Public Act 201 of 2023 amended MCL 750.224f of the Michigan Penal Code to revise the “felon in possession” statute to expand the category of persons prohibited from possessing a firearm or ammunition to include those with a previous conviction for an offense punishable by more than one year imprisonment and those with a “misdemeanor involving domestic violence.” MCL 750.224f violations are now more accurately described as “prohibited person in possession” of a firearm or ammunition.
Public Act 199 of 2023, amended the Michigan Penal Code to add crimes and penalties for the following offenses committed against someone with whom the actor has a “domestic relationship:” MCL 750.115 ( breaking and entering - illegal entry); MCL 750.145n (vulnerable adult abuse – 4th degree); MCL750.377a (malicious destruction of personal property); MCL 750.380 (malicious destruction of building); MCL 750.411h (stalking); and, MCL 750.540e (malicious use of telecommunication service). In addition to existing crimes and penalties for domestic assault and/or battery (MCL 750.81) and aggravated domestic assault and/or battery (MCL 750.81a), the new crimes add to the category of “domestic violence” offenses enforceable under Michigan law.
MCL 750.224f, prohibits a person from possessing, using, transporting, selling, or receiving a firearm or ammunition within certain time frames after being convicted of a “felony,” “specified felony,” or “misdemeanor involving domestic violence.”
Penalty - Felony punishable by imprisonment for not more than 5 years. MCL 750.224f(6) and (7).
“Ammunition” Any projectile that, in its current state, may be expelled from a firearm by an explosive. MCL 750.224f(10)(a).
“Firearm” Any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. MCL 750.222(e).
“Felony” A violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for a term exceeding 1 year, or an attempt to violate such a law. MCL 750.224f(10)(b).
Note: Previously, the term “felony” for purposes of MCL 750.224f was limited to a violation punishable by imprisonment for 4 years or more.
“Specified Felony” Any of the following:
An element of that “felony” is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature 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 that “felony” is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
An element of that “felony” is the unlawful possession or distribution of a firearm.
An element of that “felony” is the unlawful use of an explosive.
The “felony” is burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson.
MCL 750.224f(10)(d)
“Misdemeanor involving domestic violence” A violation of any of the following:
MCL 750.81(2) – Assault and/or battery + “domestic relationship”
MCL 750.81(4) - Assault and/or battery - second offense + “domestic relationship”
MCL 750.81a(2) – Aggravated assault and/or battery + “domestic relationship”
MCL 750.115(2) – Breaking and entering - illegal entry + “domestic relationship”
MCL 750.145n(5) – Vulnerable adult abuse – 4th degree + “domestic relationship”
MCL 750.377a(1)(d) or (f) – Malicious Destruction of Personal Property + “domestic relationship”
MCL 750.380(5) or (7) - Malicious destruction of building + “domestic relationship”
MCL 750.411h(2)(c) – Stalking + “domestic relationship”
MCL 750.540e(1)(h) – Malicious use of telecommunication service + “domestic relationship”
An ordinance, a law of another state, or a law of the United States that substantially corresponds to a violation listed above.
An ordinance, a law of another state, or a law of the United States that is specifically designated as domestic violence MCL 750.224f(10)(c).
“Domestic Relationship” Like domestic assault and battery cases under MCL 750.81, a “domestic relationship” exists in a “misdemeanor involving domestic violence” if the victim was any of the following:
The suspect’s spouse or former spouse
Had a child in common with the suspect
A resident or former resident of the same household as the suspect
A person with whom the suspect had or previously had a “dating relationship” MCL 750.81(2).
“Dating relationship” Similar to domestic assault and battery cases under MCL 750.81, a “dating relationship” is defined in a “misdemeanor involving domestic violence” as frequent, intimate associations primarily characterized by the expectation of affectional involvement. The term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
A person convicted of a “felony” shall not possess, use, transport, sell, carry, ship, or distribute ammunition or a firearm, or purchase or receive a firearm in this state until the expiration of three (3) years after all the following circumstances exist regarding the violation:
All fines imposed are paid.
All terms of imprisonment are served.
All conditions of probation or parole are successfully completed.
A person convicted of a “specified felony” shall not possess, use, transport, sell, carry, ship, or distribute ammunition or a firearm, or purchase or receive a firearm in this state until the expiration of five (5) years after all the following circumstances exist regarding the violation:
All fines imposed are paid.
All terms of imprisonment are served.
All conditions of probation or parole are successfully completed.
The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute ammunition has been restored under MCL 28.424 of the Firearms Act.
Note: In In re Knight, 330 Mich. App. 681 (2020), the Michigan Court of Appeals (COA) held that petitioner's failure to satisfy probation conditions imposed for felony arson precluded the grant of his petition for restoration of firearm rights, despite petitioner's compliance with parole conditions. Petitioner's felony conviction, which revoked his firearm rights, resulted only in probation, and parole was imposed for his subsequent violation of probation. The COA also held that county prosecutors are interested parties in petitions for restoration of firearms rights under MCL 28.424 and have standing to appeal a trial court’s grant of the petition on the State’s behalf.
A person convicted of a “misdemeanor involving domestic violence” shall not possess, use, transport, sell, carry, ship, or distribute ammunition or a firearm, or purchase or receive a firearm, in this state until the expiration of eight (8) years after all the following circumstances exist regarding the violation:
All fines imposed are paid.
All terms of imprisonment are served.
All conditions of probation or parole are successfully completed.
Officers should be aware the amendments to MCL 750.224f might provoke a legal challenge regarding retroactive application – that is, how to enforce violations where the underlying offense was committed prior to February 13, 2024 and the conviction was for one of the following:
A felony punishable by more than 1 year but not 4 years of more, or an attempt to violate such law.
A misdemeanor conviction for MCL 750.81(2) - Assault and/or battery (“domestic relationship”).
A misdemeanor conviction for MCL 750.81(4) - Assault and/or battery - second offense (“domestic relationship”).
A misdemeanor conviction for MCL 750.81a(2) - Aggravated assault and/or battery (“domestic relationship”).
Note: In People v. Tice, 220 Mich. App. 47, 52 (1996), the Michigan Court of Appeals reviewed the retroactive application of MCL 750.224f and held the prohibition lawfully applied to a convicted felon based on a felony committed before the felon-in-possession statute took effect. Nevertheless, before taking direct enforcement action based solely on the retroactive application of the revised “prohibited person in possession” statute in one of the above-described circumstances, officers should reach out to their legal counsel and local prosecutor(s) to confirm whether such retroactive application remains appropriate.
Note: No retroactivity issue exists for any “misdemeanor involving domestic violence” created under Public Act 199 of 2023 which did not previously exist before February 13, 2024.
This update is published by the Michigan State Police, Legal Resources and Education Section, and is provided for informational purposes only. Officers should contact their local prosecutor for an interpretation before applying the information contained in this update. Questions and comments may be directed to MSPLegal@michigan.gov. Past editions can be found at www.michigan.gov/msp-legal.
