HB 4946: Who Could Lose the Right to Own Firearms Under the New Law?

In the quest to curb gun violence, especially incidents related to domestic violence cases, an important development in Michigan state law has recently taken place – the enactment of House Bill 4946. This bill aims to extend the prohibition period for owning a firearm for some individuals, including those convicted of certain felonies or domestic violence misdemeanors. 

Refining state laws to better protect people is important and necessary, but these changes often leave Michigan residents wondering how they could be impacted. At Aiello & Associates, we diligently follow updates in state law and can help you sort through the new regulations. If you are facing a felony charge or a charge related to domestic violence, call our office to discuss your case and how House Bill 4946 might apply to you.

How Does House Bill 4946 Modify The Previous Law?

Under the previous law in Michigan, a person convicted of a felony was barred from owning a firearm or ammunition until three years had elapsed since they had fulfilled all legal obligations, including payment of fines, serving any imprisonment, and completion of conditions of parole or probation.

This new legislation, however, more than doubles the prohibition period. House Bill 4946 amends the Michigan Penal Code by prohibiting a person convicted of specific misdemeanors involving domestic violence from owning, using, or transferring a firearm or ammunition for eight years after they have met all their legal responsibilities.

Furthermore, House Bill 4946 broadens the definition of “felony” in relation to firearms restrictions. Now, crimes that are punishable by one year or more of imprisonment are also included under this act’s definition of “felony” and may prohibit a person from possessing a firearm or ammunition for eight years after completing their sentence. Under the previous law, “felonies” were considered violations that resulted in four years or more of imprisonment.

The extended prohibition period now means that the consequences of a felony or domestic violence conviction could follow you for nearly a decade (or more), making it more important than ever to seek a strong defense against such charges.

What is Considered a Domestic Violence Misdemeanor?

Under House Bill 4946, misdemeanors involving domestic violence include certain offenses that occur between persons with a family or romantic relationship, such as parents and children, spouses or dating partners, and members of the same household. It includes several offenses punishable by imprisonment for one year or less, such as assault, stalking, and fourth-degree criminal sexual conduct. 

Individuals convicted of any such misdemeanor are now prohibited from possessing a firearm or ammunition for eight years after they have paid all fines, served all terms of imprisonment, and completed all conditions of probation or parole.

How Can Aiello & Associates Assist You?

Navigating the complexities of the legal system can be daunting, particularly when dealing with charges related to domestic violence. At Aiello & Associates, our experience in both family law cases involving domestic violence and criminal matters has allowed us to find successful resolutions in many tough cases. Our knowledge in these matters enables us to assist individuals in comprehending the implications of laws like House Bill 4946 and helps us build unique legal strategies for avoiding the most severe penalties in a criminal case.

Seeking Legal Representation? Contact Aiello & Associates

Facing legal issues such as a domestic violence charge or a criminal offense can have long-lasting effects. Decisions made now can influence the rest of your life. Therefore, securing experienced, aggressive, and trustworthy legal representation is crucial.

If you need help understanding House Bill 4946 or require representation, do not hesitate to contact Aiello & Associates. We have a proven track record that spans many areas of the legal field and a strong commitment to fiercely defending clients’ interests. A free no-obligation consultation is available to review your situation, providing the opportunity to discuss your case and understand your best legal options.