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No Firearms For Convicted Domestic Violence Offenders

By Jasmine Minor, WCGL Intern

 

Senate Bill 471 was introduced by Senator Stephanie Chang on September 7, 2023. The bill’s main goal is to help prevent people convicted of specific misdemeanors from owning a firearm for eight years. Currently, this only applies to people who are convicted of a felony and it takes the third offense of domestic violence without proof and the second time when a person inflicts serious injury without intent to murder. Domestic violence offenders are more likely to commit crimes in categories like assault and battery, assault without a weapon, causing serious or aggravated harm, fourth-degree criminal sexual behavior, stalking, and breaking into someone’s property. Domestic violence charges can only be filed if the victim is the convicted person’s current or past spouse or dating relationship and finally, if the victim is a present or former household member of the convicted individual. Overall, the person must have some sort of intimate relationship with the abuser.

Let’s dive in more about what misdemeanors they include in this bill. Two types of misdemeanors are misdemeanors involving domestic violence and specific misdemeanors. Domestic violence misdemeanors involve assault and battery, aggravated assault, breaking and entering or entering without breaking, adult abuse in the fourth degree, destroying property, stalking, and malicious intent using telecommunication services to terrorize, harass, threaten, etc. Within the bill, they also included other specific misdemeanors that I have not listed above such as breaking and entering and adult abuse that do not involve domestic violence. All of these would only apply if there was an intimate relationship for a frequent amount of time.

On average in Michigan, one in seven people experience intimate partner violence (Buursma, 2022). Passing this bill will decrease the risk of people being murdered and injured by a gun. Over half of the domestic abuse homicides are committed with a gun, when an assailant has access to a gun the person being abused is five times more likely to be murdered (EFSGV, 2021). Domestic violence can happen to both men and women, however, studies show that 78% of intimate partner homicide victims are women (EFSGV, 2021). Women will experience stalking before they are threatened or injured/murdered by a firearm. If someone is threatened with a firearm or a weapon during the relationship they are 20 times more likely to be murdered by a current or past abuser (EFSGV, 2021). There are multiple forms of stalking; unwanted phone calls, texts, gifts, showing up randomly, using technology to monitor the victim, and eventually threatening or harming the victim, loved ones, or property (Resnick, 2021). Gun laws can help prevent this from rising and people being harmed by a gun. Bills similar to this one have been passed in 31 states and the hopes to have it passed in Michigan as well. To continue to help and protect those who are experiencing or have experienced domestic abuse.

During enrollment, the houses and senates check and proofread everything correctly in the bill. It includes complete information on the bill with the dates of passage and the certification by the Secretary of State and Chief Clerk of the Assembly. After everything is completed they deliver the bill to Governor Whitmer, who passed and signed it on November 20, 2023. The bill will prohibit a person convicted of a misdemeanor involving domestic violence for eight years AFTER their original sentence has been fulfilled.  The hope of having this bill is to work towards reducing gun violence.

 

Check out this link to learn more:

Michigan Senate passes bills aimed at strengthening state domestic violence protections | WWMT

Whitmer signs bills banning those guilty of domestic violence from owning guns for 8 years | Michigan | thecentersquare.com


Reference

Buursma, M. (2022, February 14). Study: Domestic abuse in Michigan worsened during pandemic. WOODTV.com. https://www.woodtv.com/news/michigan/study-domestic-abuse-in-michigan-worsened-during-pandemic/

EFSGV, J. H. (2021, September 13). Domestic violence and firearms. The Educational Fund to Stop Gun Violence. https://efsgv.org/learn/type-of-gun-violence/domestic-violence-and-firearms/

Resnick, A. (2021, June 28). What is stalking?. Verywell Mind. https://www.verywellmind.com/what-is-stalking-5114376