A domestic violence conviction in Michigan now costs you your firearms under two separate laws. The federal ban is for life. The Michigan ban runs 8 years. Both attach to a misdemeanor — you do not need a felony to lose your gun rights, and this is the consequence that most often makes a client decide to fight a charge they were otherwise ready to plead to.
The Federal Ban: Lifetime, Nationwide
The Lautenberg Amendment, codified at 18 U.S.C. § 922(g)(9), makes it a federal crime for anyone convicted of a "misdemeanor crime of domestic violence" to possess a firearm or ammunition. There is no expiration. It applies in every state regardless of what Michigan law says, and it applies to a 93-day misdemeanor first offense exactly as it applies to a felony.
A separate federal provision, § 922(g)(8), prohibits firearm possession by a person subject to certain qualifying restraining orders — which is why a personal protection order can cost you your firearms before you have been convicted of anything at all.
Michigan’s 8-Year Ban — New as of February 13, 2024
Public Act 201 of 2023 amended MCL 750.224f to add a state prohibition that did not exist before. A person convicted of a misdemeanor involving domestic violence may not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in Michigan until 8 years have passed after all of the following are true:
- every fine imposed for the violation has been paid;
- every term of imprisonment imposed has been served; and
- all conditions of probation have been successfully completed.
Two things people get wrong. First, the clock does not start at conviction — it starts when the last of those three is finished, so a two-year probation term means the ban really runs closer to ten years. Second, it covers ammunition, not just firearms.
Violating MCL 750.224f is a felony punishable by up to 5 years in prison and a $5,000 fine. That is a more serious offense than the domestic violence charge that caused the prohibition in the first place.
Felony Domestic Violence
A third-offense domestic violence under MCL 750.81(5), a repeat aggravated domestic violence under MCL 750.81a(3), and assault by strangulation under MCL 750.84 are all felonies, which trigger Michigan’s felony firearm prohibition on top of everything above, with its own restoration requirements and waiting periods.
What This Means for How You Handle Your Case
If firearms matter to you — for work, for hunting, because you hold a CPL, or because you are in law enforcement or the military where a prohibition ends a career — then the firearms consequence should be shaping your defense strategy from day one, not discovered at sentencing.
Concretely, that can mean:
- Fighting the charge. An acquittal or dismissal means no prohibition at all.
- Pursuing a 769.4a deferral. A first-time offender who completes a deferral avoids a judgment of conviction, which is central to whether these bans attach. This area is technical and the federal and state definitions do not perfectly align, so it needs to be analyzed against your specific case rather than assumed.
- Negotiating the charge itself. Where the facts permit, resolving a case as a non-domestic offense can change the firearms analysis entirely. This is one of the most valuable things a defense attorney can accomplish in a DV case and it is rarely offered unprompted.
Common Questions I Get
"Can I just keep them at my father’s house?" Be very careful. Constructive possession — access and control, not just physical holding — is enough to prosecute. Firearms in a home you live in, or that you have ready access to, can put you in violation.
"What about my CPL?" A qualifying conviction disqualifies you, and the license will be revoked.
"Does an expungement give them back?" Not automatically. See DV expungement in Michigan — a Michigan set-aside does not by itself resolve the federal prohibition.
Talk to Me Before You Plead
The firearms consequence is permanent under federal law and long under Michigan law, and neither one is negotiable after the fact. It is negotiable before. If you are charged with domestic violence anywhere in West Michigan, start with my Grand Rapids domestic violence defense guide, then call me. For gun charges themselves, see my firearms charges page.
Frequently Asked Questions
Do I lose my gun rights for a misdemeanor domestic violence conviction in Michigan?
Yes, twice over. The federal Lautenberg Amendment, 18 U.S.C. § 922(g)(9), imposes a lifetime prohibition on anyone convicted of a misdemeanor crime of domestic violence. Separately, since February 13, 2024, MCL 750.224f imposes an 8-year Michigan prohibition on firearms and ammunition after a misdemeanor conviction involving domestic violence.
When does Michigan’s 8-year firearm ban start running?
The 8 years run from the point at which all of the following are complete: you have paid all fines imposed for the violation, served all terms of imprisonment imposed, and successfully completed all conditions of probation. It does not run from the date of conviction, so a long probation term pushes the end date out considerably.
What happens if I possess a firearm during the prohibition?
Possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm in violation of MCL 750.224f is a felony punishable by up to 5 years in prison, a fine of up to $5,000, or both. A separate federal prosecution under § 922(g)(9) is also possible.
Does expunging the conviction restore my gun rights?
Not automatically. Setting aside a conviction is a matter of Michigan law and does not by itself undo the federal lifetime prohibition, which turns on federal definitions of what counts as a conviction for a misdemeanor crime of domestic violence. Anyone told that an expungement simply gives their firearms back should get that answer reviewed carefully before relying on it.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend domestic violence cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and the earlier I am involved the more options you have. Call 616-438-6719 or send me a message.