Firearms While a Michigan Domestic Violence Case Is Pending

No Michigan statute reviewed for this guide makes a pending domestic violence charge, by itself, a bar on keeping firearms already owned. What changes during a pending case comes from four separate sources: the bond conditions the judge sets, the concealed pistol license (CPL) statute, the purchase license statute, and one federal rule for felony cases. A release order may bar the defendant from purchasing or possessing a firearm.^[1] A CPL is suspended when the holder is charged with a felony or a listed misdemeanor, such as domestic assault.^[2][6] A purchase license is unavailable while a felony charge or a listed misdemeanor charge is pending.^[3]

The longer bans that follow a conviction are different rules, covered in Michigan's 8-year gun ban and The federal lifetime gun ban. This page is about the period between the charge and the end of the case.

At a glance

Question	While the case is pending
Possessing guns already owned	Restricted if the release order includes a firearm condition.[1]
Carrying concealed on a CPL	The license is suspended immediately when the holder is charged with a felony or a listed misdemeanor.[2]
Applying for a new CPL	A CPL cannot be issued while a listed misdemeanor charge, such as domestic assault, is pending.[6]
Buying a firearm in Michigan	No purchase license while a felony charge or listed charge is pending.[3]
Receiving a firearm, felony cases	Federal law bars a person under indictment for a crime punishable by more than one year from receiving a firearm or ammunition that has moved in commerce.[4]

The bond condition

MCL 765.6b(3) gives the judge a choice in most cases. A release order with protective conditions "may impose a condition that the defendant not purchase or possess a firearm."^[1] The court rule on pretrial release separately lists a condition that the defendant "not possess a firearm or other dangerous weapon."^[7]

The choice disappears in one situation. If the court orders the defendant to wear an electronic monitoring device under the domestic violence monitoring provision, "the court shall also impose a condition that the defendant not purchase or possess a firearm."^[1] The statute's definition of an electronic monitoring device includes alcohol monitors as well as GPS tethers.^[8] See GPS tethers and alcohol testing on bond.

A release order under this statute must state its conditions and is entered into the Law Enforcement Information Network (LEIN).^[9][10] A defendant who possesses a firearm in violation of a release condition can be arrested without a warrant, and the court can revoke release and forfeit bail.^[11][12]

What to do with guns already in the home

The sources reviewed for this guide contain no Michigan statute that lays out a step-by-step surrender or transfer procedure for firearms a defendant already owns when a no-firearm bond condition is imposed. Practice therefore varies by court. As practical guidance: ask the judge at the hearing, or through a lawyer afterward, exactly what the court expects, by when, and what proof it wants; do not return to a home you are barred from in order to collect firearms; and get any arrangement in writing.

One point from federal law is worth knowing. Interpreting the federal possession ban in 18 USC 922(g), the U.S. Supreme Court has said that possession includes maintaining control over guns in the hands of others, and that a court may approve a transfer to a third party when satisfied the owner will not retain control.^[13] No source reviewed for this guide says how a Michigan court reads "possess" in a bond condition, so as a practical matter a hand-off to a relative that leaves the defendant with access is not a safe answer to a no-possession condition.

The concealed pistol license

An existing CPL is suspended on the charge

When the county clerk is notified that a CPL holder has been charged with a felony or with a misdemeanor on the statute's lists, the clerk "shall immediately suspend the individual's license until there is a final disposition of the charge."^[2] Domestic assault and aggravated domestic assault are on the 8-year list, as is stalking.^[6] Other misdemeanors, including malicious destruction of property and malicious use of a telecommunications service, are on the 3-year list.^[14]

The holder must promptly surrender the license to the county clerk after being notified of the suspension. Failing to do so is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.^[15]

A suspension order is effective immediately, but a person is not criminally liable for carrying until he or she receives notice. A person found carrying without prior notice must be informed of the order and given an opportunity to properly store the pistol or otherwise comply before an arrest is made.^[16]

If the case ends without a conviction

If the person is acquitted or the charge is dismissed, the person notifies the county clerk, who must automatically reinstate the license if it is not expired and the person is otherwise qualified. The clerk may not charge a fee.^[2]

A bond order is its own CPL disqualifier

Separately from the charge, a CPL cannot be issued to a person who is the subject of a release order under MCL 765.6b that includes a firearm condition.^[17]

Buying a firearm during the case

Since February 13, 2024, the licensing statute has covered firearms that are not pistols as well as pistols: except as otherwise provided in the firearms act, a person may not purchase either without first obtaining a license.^[18] An applicant is not qualified for that license while a felony charge, or a criminal charge listed in the CPL statute, is pending.^[3] Domestic assault is on that list.^[6]

A bond order with a firearm condition is a second, independent bar: a person is not qualified while subject to such an order, provided the person received notice and an opportunity for a hearing and the order was entered into LEIN.^[19] And the bond condition itself may bar purchasing as well as possessing.^[1]

The federal rule in felony cases

Under 18 USC 922(n), a person "under indictment for a crime punishable by imprisonment for a term exceeding one year" may not ship or transport a firearm or ammunition in interstate or foreign commerce, or receive any that has been so shipped or transported.^[4] The text is aimed at shipping, transporting and receiving; it does not, by its words, bar continued possession of guns already owned.^[4]

Two cautions. First, this applies only where the charged crime is punishable by imprisonment for more than one year; it does not reach offenses punishable by one year or less.^[4] Second, how the federal definition of "indictment" applies to a Michigan felony complaint was not verified for this guide; a person facing a felony charge should get advice before acquiring any firearm or ammunition.

If there is also a PPO

A personal protection order can carry its own firearm terms. A domestic relationship PPO may restrain the respondent from purchasing or possessing a firearm, but only if the judge includes that term.^[20] A person who is the subject of a PPO cannot be issued a CPL.^[17]

Federal law adds a ban on possessing firearms while subject to a court order that was issued after a hearing with actual notice and an opportunity to participate, that restrains the person from harassing, stalking or threatening an intimate partner or child, and that includes a credible-threat finding or an explicit prohibition on the use of physical force.^[21] Whether a particular order meets those requirements depends on its terms and how it was issued. See PPOs and firearms. Michigan's separate "red flag" process is explained in Extreme risk protection orders.

If you are the protected person

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and available 24/7 at 1-800-799-SAFE (7233), or by texting START to 88788.^[22]

A firearm condition is not automatic unless a monitoring device is ordered.^[1] If the defendant has access to firearms and that concerns you, tell the prosecutor's office or the victim advocate as early as you can. The benchbook's advisory committee tells judges in domestic violence cases to assess circumstances indicating whether the defendant is likely to kill or seriously injure an intimate partner.^[23] The prosecutor is a party who may ask the court to modify release conditions.^[24]

If you know or believe the defendant has a firearm despite a no-firearm condition, report it to the police or the prosecutor. An officer may arrest without a warrant on reasonable cause that a release condition has been violated.^[11] A PPO with a firearm term is a separate tool that does not depend on the criminal case.^[20]

What happens when the case ends

The pending-case rules stop and the outcome-based rules start.

• Dismissal or acquittal. A suspended CPL is reinstated on notice to the clerk if the license has not expired and the person is otherwise qualified.^[2] A release order is removed from LEIN when it is rescinded or expires.^[10]
• Conviction of a misdemeanor involving domestic violence. Michigan law bars possessing, using, purchasing or carrying a firearm or ammunition until 8 years after the sentence is fully completed.^[5] That ban took effect February 13, 2024.^[25] Federal law separately bars anyone convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition.^[26]
• Probation. A probation order may include conditions reasonably necessary for the protection of named persons.^[27]

How a conviction affects firearm rights is covered in CPL and purchase rules after a domestic violence case and Plea bargains in domestic violence cases.

What people get wrong

"Being charged takes away your guns." A charge suspends a CPL and blocks a new purchase license; possession of guns already owned is restricted when the judge imposes a firearm condition.^[2][3][1]

"A CPL suspension means I cannot own a gun." The suspension statute concerns the license to carry a concealed pistol.^[2] Whether possession is barred depends on the release order.^[1]

"The firearm condition is always optional." It is mandatory when the court orders an electronic monitoring device, including an alcohol monitor ordered under that provision.^[1][8]

"I can leave the guns with my brother and still use them." Under the federal possession ban, possession includes control exercised through other people.^[13]