Whitmer approves temporary gun ban for those with domestic violence convictions

Gov. Gretchen Whitmer signed legislation Monday to temporarily ban those with domestic violence convictions from possessing and purchasing firearms and ammunition in Michigan.

"These bills are based on a simple idea," Whitmer said during a bill signing ceremony in Kalamazoo. "If you have been found guilty in court for violently assaulting your partner, you should not be able to access a deadly weapon that you could use to further threaten, harm or kill them."

She joined the Democratic bill sponsors and advocates of the legislation who shared statistics highlighting the prevalence of firearm homicides by intimate partners and the increased risk to women in domestic violence situations when their abuser has access to a firearm. The bills signed by Whitmer will save lives, they said.

The new law bars individuals convicted of a misdemeanor involving domestic violence from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving or distributing firearms or ammunition in Michigan for eight years after they've paid all fines, served out any imprisonment term and completed the conditions of probation imposed on them.

Those who violate the ban will be guilty of a felony and could spend up to five years in prison and pay up to a $5,000 fine. The bills signed by Whitmer will take effect in mid-February.

Federal law prohibits those with misdemeanor domestic violence convictions from purchasing and possessing a gun. But having a state law that mirrors that federal one would ensure the ban is actually enforced, said April Zeoli, director of the policy core for the Institute for Firearm Injury Prevention at the University of Michigan, in a February interview. "So right now in Michigan, if you're convicted of a domestic violence misdemeanor crime, you don't necessarily lose your right to have a gun. You do federally," she said. "It's not really being implemented. So any guns you already have, no one makes sure you get rid of them."

Almost two-thirds of intimate partner homicides in the U.S. involve a gun, according to the most recent analysis of Centers for Disease Control and Prevention data carried out by Everytown for Gun Safety Support Fund, an organization focused on curbing gun violence.

Martha and Rick Omilian — volunteers with the Michigan chapter of the gun violence prevention group Moms Demand Action — spoke at the bill signing ceremony to share the story of their daughter Maggie Wardle who was murdered by her ex-boyfriend in 1999 in a dorm room at Kalamazoo College. He used a shotgun to kill her before taking his own life after he emotionally abused and stalked her leading up to her death, Martha Omilian said.

"We know that if somehow Maggie had gotten out of that room that night, she would have had the chance to use a law like this one today to be protected from her abuser," said Rick Omilian.

Whitmer thanked the parents for transforming their grief into working to advocate for policies to protect others.

Bill sponsor state Sen. Stephanie Chang, D-Detroit, said she has waited years for the bills to make their way to Whitmer. Chang said Wayne County Prosecutor Kym Worthy first came to her five years ago with the idea. The legislation received the support of every Democratic lawmaker along with two Senate Republicans —Mark Huizenga, of Walker, and Michael Webber, of Rochester Hills — and House Republicans Tom Kuhn, of Troy, and Mark Tisdel, of Rochester Hills.

The bills follow others approved by the governor aimed at reducing gun violence. Earlier this year, she approved new laws expanding background checks to all firearm purchases and establishing new requirements for gun owners to store their firearms in a locked container or use a locking device if they have a child in the house or take their gun somewhere a child could gain access to it. She approved both gun restrictions two months after a deadly shooting at Michigan State University.

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A month later, she approved a so-called "red flag" law in Michigan allowing law enforcement, family, health care providers and others to petition courts to temporarily remove guns from those a judge determines pose an imminent threat to themselves or others.

The trio of gun safety measures will also take effect next year.

Contact Clara Hendrickson: chendrickson@freepress.com or 313-296-5743. Follow her on X, previously called Twitter, @clarajanehen.