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Closing The “Boyfriend Loophole” in MI Gun Laws Will Help Domestic Abuse Survivors

A picture of a gun and a handful of bullets sitting on a wooden table.
Spouses convicted of domestic abuse in Michigan can’t own guns, but unmarried partners can!

Right now in Michigan, if someone commits domestic violence against their husband or wife, they will not be allowed to purchase or own a gun of any kind. Why? Because it’s assumed that they might use the weapon to harm their spouse. Inexplicably, the same rule doesn’t apply to non-married partners. A boyfriend or girlfriend or domestic partner by any other name can be convicted of domestic violence, but can still go out and get a gun to keep. Why? No one’s really sure about this one. However, it’s called the “boyfriend loophole” and a number of Michigan legislators would like to close it up.

House Bills 4497 and 4498 will address this issue

Two bills were recently introduced to the House of Representatives by Republican House Rep. Daire Rendon aimed at “giving the current laws teeth.” Rendon, who says that gun violence against women is a growing problem in Michigan, is joined by supporters on both sides of the political aisle who believe that the current legal arrangement doesn’t do enough to keep people safe in the wake of domestic violence incidents.

Under the proposed law, Michigan authorities will have more control

Currently, only a federal law enforcement agent or legal authority has the right to take a gun away from a domestic violence offender in Michigan. However, Rendon says that’s not acceptable. “We had sections in the law that said people who do these things shouldn’t have guns, (but) there really wasn’t very much enforcement in making that happen,” she explained in a recent media statement. “It says in the law you shouldn’t have one but just because the law says you shouldn’t have one, there was nothing there to say that they needed to be removed.”

New laws will allow the court to remove your gun!

Under the new laws, if you happen to own a gun (legally, of course!) and you’re convicted of domestic violence against ANY type of life partner, the court can order the confiscation of your firearm. Even if you’ve never threatened anyone with it, and there’s no record of it being involved in the altercation between you and your partner, they can still take it away. So is that a violation of your Second Amendment rights? Rendon says no.

When you break the law, all bets are off says Rendon!

“Even gun groups and gun rights groups would recognize that once you step out of the realm of being a law-abiding citizen, all bets are off,” Rendon said. “The NRA is for protecting law-abiding citizens and their rights to bear arms and I support that. This law says that ‘a person convicted of a misdemeanor crime of domestic violence shall not possess, use, transport, sell, purchase, carry, ship,’ that’s what it says.” In other words, once you break the law, your gun rights change.

Have you lost your right to buy or keep a gun in Michigan?

If you’ve lost your right to legally own a gun in Michigan, we may be able to help. Our NRA referral attorneys can help determine your eligibility for both federal and state gun rights restoration, and get you back on the road to legal gun ownership in Michigan. Go to our gun rights restoration page and follow the instructions for applying. Otherwise, if you have any questions or need help with a criminal charge, our aggressive and experienced criminal defense attorneys are available 24/7 at 866 766 5245. We’re here to help.

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