- September 10, 2024
- Gun Law
The Second Amendment gives Americans the right to own and keep guns. While this right has limits, it’s essential to know who can own a gun in Michigan and when the authorities can legally confiscate someone’s firearms. Without this knowledge, it’s easy for the police or others to violate people’s rights. An experienced firearms lawyer can fight to safeguard your rights if you believe your right to bear arms has been violated.
Who Can Own a Gun in Michigan?
Michigan law establishes some specific guidelines for firearm ownership:
- Age Requirements – You must be at least 18 years old to buy a firearm. However, to purchase a handgun from a federally licensed dealer, you must be at least 21 years old.
- Residency – You must be a legal resident of Michigan to own a gun. This means you should have a valid Michigan driver’s license or state ID, or have registered to vote in Michigan.
- Criminal Record – Michigan restricts gun ownership for those convicted of felonies or certain misdemeanors, including crimes like domestic violence or any crime that involves a prison term of more than one year. The state may prohibit firearm ownership for three years or more, depending on the nature of the conviction.
- Mental Health – Individuals who have been judged as mentally ill by the courts or have been committed to a mental institution cannot own firearms unless they have been restored to sanity by a court order.
- Substance Abuse – If you are addicted to controlled substances or have been convicted of drug-related offenses, you cannot own a firearm.
- Protection Orders – Anyone under a restraining order or personal protection order that prohibits them from owning firearms cannot possess guns.
- Other Restrictions – Specific conditions, including being dishonorably discharged from the military or being an undocumented immigrant, can also disqualify you from owning a firearm.
Can Law Enforcement Take Your Guns in Michigan?
Law enforcement officials can take your guns in certain narrow circumstances. Under Michigan’s Extreme Risk Protection Order Act (more commonly called the “red flag law”), courts can issue orders to temporarily remove firearms from people deemed to pose a significant risk to themselves or others. Law enforcement officers, family members, or certain healthcare professionals can file a petition for an ERPO.
Furthermore, courts can issue temporary ERPOs without prior notice to the individual, based on immediate risk, and these orders last up to 14 days. After a hearing, courts can issue full ERPOs lasting up to one year if they find the individual to be a significant danger. Factors the courts consider in these cases include recent threats or acts of violence, violations of existing protection orders, substance abuse, and mental health issues.
Anyone whose guns are confiscated under an ERPO has the right to a hearing and can request termination of the order once during its duration. However, violating an ERPO can lead to criminal charges and additional penalties.
How Do You Get Your Guns Back if the Authorities Take Them?
If you meet the requirements to own guns and the police seize them, attorney John Freeman can help. We will request a hearing to terminate the ERPO and gather evidence to show you pose no ongoing risk to yourself or others. If you convince the court that you are not a threat, you can contact the law enforcement agency that seized your firearms to arrange their return. You may have to meet certain conditions to get your firearms back, such as completing a firearms safety course or undergoing a mental health evaluation.
Don’t let law enforcement trample on your Second Amendment rights. If you need help getting your guns back or wish to fight weapons charges in Michigan, contact the Law Office of John Freeman today for a confidential consultation.