What Will Disqualify You from Buying a Gun in Michigan?
Michigan law governs the sale, ownership, and possession of firearms. To purchase a gun in Michigan, individuals must comply with federal and state regulations. This article provides an overview of the circumstances that can disqualify you from buying a gun in Michigan.
Federally Prohibited Individuals
According to the federal Gun Control Act of 1968, certain individuals are prohibited from purchasing or possessing firearms due to their history of behavior or criminal records. Some of these federally prohibited individuals include:
- Convicts of a crime punishable by more than one year’s imprisonment
- Persons mentally incompetent or with a mental history
- Individuals under felony indictment
- Drug addicts or users of illegal controlled substances
- Aliens who are illegal immigrants
Michigan Specific Disqualifiers
Michigan has additional laws that restrict access to firearms. Under Michigan Public Act 390 of 2006, certain individuals are prohibited from owning, possessing, or controlling firearms. These disqualifiers include:
• Prior Felony Conviction: A person convicted of a felony in Michigan is prohibited from owning, possessing, or controlling a firearm.
Table: Michigan Disqualifiers
| Michigan Disqualifiers | Description |
|---|---|
| Prior Felony Conviction | Prohibits convicted felons from owning or possessing a firearm. |
| Violation of Prior Firearms Restricted Order | Individuals who violated a prior firearms restricted order are prohibited from owning, possessing, or controlling a firearm. |
| Adjudication as a Mental Defective | A court determination that a person is mentally defective is sufficient grounds for disqualification. |
Other Michigan Disqualifiers
Additionally, individuals who have a Court-Ordered Firearm Disability or Have Had a Firearm Restricted Use Order entered against them are also disqualified from purchasing or possessing firearms.
Disqualifying Misdemeanors
Some misdemeanor convictions can also disqualify an individual from buying a gun in Michigan. These include:
- Convictions for crimes of moral turpitude
- Convictions for certain offenses, such as stalking or domestic violence
Non-Resident Alien Ban
Michigan also prohibits the sale or possession of a firearm to Non-Resident Aliens, except for lawfully admitted aliens who have a residence in the United States or are authorized to reside permanently in the United States.
Disqualification through NICS Check
Prior to purchasing a firearm in Michigan, the prospective buyer undergoes a background check through the National Instant Criminal Background Check System (NICS). If a disqualification is found through this process, the transfer of the firearm is denied. Federal and state databases are accessed to determine eligibility.
Consequences of Purchasing a Gun as a Disqualified Individual
Individuals who knowingly and willfully purchase or possess a firearm while disqualified are guilty of a felony offense and punishable by up to five years in prison. Disqualification from owning, possessing, or controlling a firearm has serious consequences, including permanent loss of firearm privileges, fines, and even incarceration.
Conclusion
Understanding the circumstances that disqualify you from buying a gun in Michigan is essential to ensuring compliance with both federal and state laws. It is crucial to remember that these laws are designed to protect the public’s safety and ensure that individuals who pose a risk to themselves or others are denied access to firearms. Individuals who are unsure about their eligibility to own or purchase a firearm should consult with a licensed firearms dealer, attorney, or law enforcement agency for guidance.
