The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:
- Convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- Who is a fugitive from justice;
- Who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
(Even though recreational/medical marijuana is legal in many states, firearms sales are regulated by the United States government and marijuana is an illegal narcotic at that level). - Who has been adjudicated as a mental defective or has been committed to any mental institution;
- Who is an illegal alien;
- Who has been discharged from the Armed Forces under dishonorable conditions;
- Who has renounced his or her United States citizenship;
- Any person under indictment for a crime punishable by imprisonment for a term exceeding one year.
- Who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner (PPO);
- Who has been convicted of a misdemeanor crime of domestic violence; *See below for Michigan law on this subject
*Michigan Domestic Violence Legislation (Law effective 13 February, 2024)
A three bill package passed the Michigan Legislature in 2023 will prohibit a person convicted of a misdemeanor that involved domestic violence from generally possessing or using a firearm or ammunition in the state until the person completed the terms of imprisonment and probation, paid all fines, and eight years has passed. (This includes all forms of hunting that requires the use of a firearm).
The bills added specific misdemeanors and fines for current crimes, such as breaking and entering and vulnerable adult abuse, if the violator were the victim’s spouse or former spouse, had a dating relationship with the victim, had a child in common with the victim, or was a resident or former resident of the victim’s household. These additional misdemeanors will be considered misdemeanors involving domestic violence.
“Misdemeanor involving domestic violence” will mean a violation of any of the following offenses committed by an individual who is: 1) the spouse of; 2) the former spouse of; 3) the current or previous dating partner of; 4) the current or former resident of a household with; or 5) had a child in common with, the victim:
- Assault and battery, or repeated assault and battery.
- Assault without a weapon that inflicts serious or aggravated injury without intent to commit murder or to inflict great bodily harm.
- Breaking and entering into any dwelling without first obtaining permission.
- Vulnerable adult abuse, provided the caregiver or other person with authority was guilty of a reckless act or reckless failure to act of the caregiver or other person with authority over a vulnerable adult caused physical harm to the vulnerable adult, or the caregiver or other person with authority over the vulnerable adult knowingly or intentionally committed an act that, under the circumstances, posed an unreasonable risk of harm or injury to a vulnerable adult, regardless of whether physical harm resulted.
- Willful and malicious destruction of personal property of less than $1,000, or repeated offense involving willful and malicious destruction of personal property of less than $1,000.
- Willful and malicious destruction of another person’s house, barn, or other building or its appurtenances of less than $1,000, or a repeated offense involving willful and malicious destruction of another person’s house, barn, or other building or its appurtenances of less than $1,000.
- Stalking.
- Malicious use of any service provided by a telecommunications service provider with intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy another person.
- An ordinance, law of another state, or Federal law that substantially corresponded with the violations listed above.
- An ordinance, law of another state, or Federal law specifically designated as domestic violence.