Michigan’s hate and gun laws have significant gaps that allow people convicted of violent hate crimes to keep and access firearms under state law, although hate crime convictions in Michigan generally trigger important federal firearm restrictions.
Access to Guns for People Convicted of Hate Crimes in Michigan
| Violence with Severe Bodily Injury | Violence with Bodily Injury | Other Crimes Involving Intentional Use of Force | Threats with Deadly Weapons | Other Credible Threats to Physical Safety | |
|---|---|---|---|---|---|
| Federal Law | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
| State Law | Some access | Some access | Some access | Some access | Some access |
Michigan’s hate crime law makes it a felony (called “ethnic intimidation”) to maliciously cause, or by word or act credibly threaten to cause, physical contact with specific intent to intimidate or harass the victim because of their race, color, religion, gender, or national origin.1This offense is punishable by up to two years in prison.2 (Disability, sexual orientation, ethnicity, and gender identity are not included as protected categories).
Michigan law prohibits people from accessing firearms for a temporary period (between three to five years after release) if they have been convicted of a felony punishable by four or more years in prison.3 However, people convicted of other felonies and violent misdemeanors are generally not prohibited from accessing firearms under Michigan law (though federal firearm restrictions apply).4 As a result, people convicted of felony “ethnic intimidation” in Michigan are prohibited from accessing firearms under federal law, but not state law.
Michigan generally classifies violent crimes as felonies punishable by four or more years if they involve assault with a dangerous weapon or with intent to inflict “great bodily harm,” or stalking with credible threats of violence.5 People convicted of these offenses are prohibited from accessing firearms for at least a temporary period under state and federal law. However, people convicted of other felonies in Michigan are only prohibited under federal law.
Furthermore, people convicted of violent hate-motivated misdemeanors, including crimes involving serious injury, threats of violence, and threats with brandished firearms,6 are generally not restricted from accessing firearms in Michigan under either state or federal law, although this conduct could instead be prosecuted as felony ethnic intimidation in many cases, which results in a federal firearm restriction.
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- Mich. Comp. Laws Ann. § 750.147b.[↩]
- Mich. Comp. Laws Ann. § 750.147b(2).[↩]
- Mich. Comp. Laws Ann. § 750.224f. As used in this section, Felony means a violation or attempted violation of a state or federal law punishable by imprisonment for 4 years or more. Mich. Comp. Laws Ann. § 750.224f(9)(b).[↩]
- Federal law generally prohibits people from accessing firearms if they have been convicted of a felony punishable by more than one year in prison or a state law misdemeanor offense punishable by more than two years. 18 U.S.C. § 922 (g)(1); 18 U.S.C. § 921(a)(20)(B).[↩]
- E.g., Mich. Comp. Laws Ann. §§ 750.82(1); 750.84; 750.411i. See also, Mich. Comp. Laws Ann. § 750.397.[↩]
- E.g., Mich. Comp. Laws Ann. §§ 750.81a(1); 750.234e.[↩]