To better protect victims of domestic violence and stalking in Michigan, the Great Lakes State is considering legislation that would allow victims of such crimes to carry a concealed weapon everywhere, including gun-free zones.
Introduced by state Rep. Tim Kelly (Saginaw Township, R-Mich.), House Bill 5355 would add survivors of domestic violence and those who have a stalker, to the groups of people who are allowed to carry a gun in traditional gun-free zones such as schools, bars, churches, hospitals and sports stadiums, among other locations.
The only people currently exempt from the state’s gun-free zones are retired police officers, judges, court officers, private detectives and others with jobs related to law enforcement.
Kelly introduced the amendment to Michigan’s Firearms Act, which regulates the sale and possession of guns in the state, because he believes gun-free zones have not proven to be deterrents against crime.
“My legislation is a common-sense way to help protect people who have a high risk of being victimized,” Kelly said.
While Kelly’s legislation would apply to all victims — men and women — the legislation does appear to be largely designed to protect women. Referring to the National Coalition Against Domestic Violence’s website, he said about 85 percent of domestic violence victims are women, while the National Center for Victims of Crime reports that 76 percent of stalking victims are female.
State law currently allows domestic violence victims to receive a temporary concealed weapons permit to protect themselves. Kelly’s bill would award victims additional protections, since abusers don’t often pay attention to where they can and cannot carry their weapon.
“Anyone who needs to take out a restraining order to protect themselves from violent crimes like domestic violence should be given the same rights as those who work with violent criminals. The unfortunate reality is that some violent offenders don’t adhere to a (Personal Protection Order), and could take advantage of a gun-free zone to inflict further pain on the victim,” Kelly said.
“Many people who file PPOs also become concealed weapon permit holders because they are in clear danger, but they can become vulnerable in a gun-free zone,” he noted.
Introduced on Feb. 20, Kelly’s bill is expected to be sent to the House Judiciary Committee next for review.
According to Women’sLaw.org, under both Michigan state law and federal law, an abuser or stalker whom an individual has filed a PPO against is not technically allowed to legally possess or buy a new gun. “Michigan courts rarely if ever order abusers to give up guns they already have, and there is no procedure in place for the court or law enforcement to take the guns away,” the group reports.
While some have applauded Kelly’s proposal, other groups such as the Violence Policy Center warn that guns may put the people they are supposed to help defend in more danger.
A report released in September 2013 analyzing homicide data throughout the United States in 2011 stated that guns can turn a domestic violence situation into a domestic homicide, as “female intimate partners are more likely to be murdered with a firearm than all other means combined…”
In the report, VPC stated, “A woman must consider the risks of having a gun in her home, whether she is in a domestic violence situation or not.”
Although about two-thirds of women in the United States acquire a gun in order to protect themselves against crime, VPC said, citing a California analysis that found that “purchasing a handgun provides no protection against homicide among women and is associated with an increase in their risk for intimate partner homicide.”
VPC concluded that although many women, including “those in abusive relationships, those who have left such relationships, those who fear, in general for their safety,” have considered obtaining a gun for their own protection, several studies found that the same gun a woman buys to protect herself is often taken and used against her.