New Law That Will Affect Michigan Gun Owners Will Go Into Effect in 2024
If you are a gun owner or a potential gun owner, you definitely need to listen up!
The Michigan Legislature passed new laws that affect potential and existing gun owners, specifically background checks and the removal of guns from people.
There are a lot of big changes that have happened that will go into effect next year.
Michigan Background Check Law
Starting around March of 2024, ll Michigan gun sales will generally require the buyer to undergo a background check, under Public Act 19 or 2023, Public Act 18, and Public Act 22.
While this may seem like second nature, this is actually a big difference from the previous law.
Detroit Free Press says that only handgun buyers were put through a background check.
"That's a big change from the previous law, under which only handgun buyers were subject to a background check in order to obtain the required purchase license, though some federal criminal background checks were also required for firearms other than handguns when purchasing from a federally licensed dealer."
Also, the new law replaces the word "pistol" with "firearm" and any prospective gun owners can go to any local law enforcement agency after passing the background check to get a purchase license. You can only get the license after signing a sworn statement stating that you meet all of the qualifications.
If you are planning on gifting someone a gun, this law also will apply to you.
What penalties can you face if you violate the license law?
If you purchase or have a handgun without getting the proper license, as of now, it is a misdemeanor that you can get up to 90 days in jail and a fine of up to $100.
"A person who forges any item on an application for a gun license, or who makes a materially false statement on a gun sale record, is guilty of a felony punishable by up to four years in prison and a fine of up to $2,000. A person who attempts to use false identification to purchase a firearm is guilty of a misdemeanor punishable by up to 90 days in jail and a fine of up to $100."
There is also a law that restricts who can and cannot buy a gun in Michigan.
This leads me to the next law.
"Red Flag" Law
Michigan judges can give an "extreme risk protection order," which says that takes a gun away from someone who has a huge risk of seriously harming themselves or other people.
This state law is also expected to take effect around March of next year.
"Judges are to consider such orders after being petitioned by a family member, a law enforcement officer, a medical provider, a former spouse, or someone who used to date or live with the person in question. The court must give notice of the petition to the affected person, and give them an opportunity to participate in a hearing on the petition, except in a case deemed an emergency."
"Red Flag" Violations
If someone violates this law, it can mean an immediate arrest and criminal contempt powers of the court, which includes up to 1 year in prison for the first violation.
If you violate again, you can receive up to 5 years.
This can also lead to a felony that includes up to 1 year in prison and a fine of up to $1,000.