MCL 750.81a - Assault; infliction of serious or aggravated injury; “dating relationship” defined

SEE:18 U.S.C. § 921 [ LAUTENBERG AMENDMENT / DOMESTIC VIOLENCE GUN BAN]
http://michiganoidv.blogspot.com/2011/09/18-usc-921-domestic-violence-gun-ban.html

MCL 769.4A: MICHIGAN'S LOOPHOLE TO THE LAUTENBERG AMENDMENT
http://michiganoidv.blogspot.com/2011/09/mcl-7694a-michigans-loophole-to.html

MCL 750.81: MISDEMEANOR DOMESTIC ASSAULT CRIMES
http://michiganoidv.blogspot.com/2011/09/mcl-75081-misdemeanor-domestic-assault.html



MISDEMEANOR AND FELONY DOMESTIC ASSAULT CHARGES THAT CAN BE DISMISSED / DISCHARGED UNDER MCL 769.4ahttp://michiganoidv.blogspot.com/2011/09/misdemeanor-and-felony-domestic-assault.html



MCL 750.81a are misdemeanor aggravated assault crimes. Under the Lautenberg Amendment / 18 U.S.C. § 921, a person convicted of a misdemeanor or felony domestic violence assault cannot posses / own a firearm.

However, under MCL 769.4a, a person charged with a felony domestic violence offense / MCL 750.81 can enter a guilty plea [under MCL 769.4a], resulting in the charges being dismissed. The guilty plea entered is not considered a conviction, "...for purposes of disqualifications...imposed by law upon conviction of a crime". [i.e. Domestic Violence Gun Ban under the Lautenberg Amendment /18 U.S.C. § 921].

When MCL 769.4a was first enacted, only persons facing misdemeanor domestic violence charges could plea under this law. At that time, a person convicted of a felony domestic violence offense could not plea to a misdemeanor offense in order to take advantage of having their conviction dismissed.

Around the time of the enactment of the Federal Domestic Violence Gun Ban [18 U.S.C. § 921/ Lautenberg Amendment:[ http://michiganoidv.blogspot.com/2011/09/18-usc-921-domestic-violence-gun-ban.html], Michigan Legislators amended MCL 769.4a [ http://michiganoidv.blogspot.com/2011/09/mcl-7694a-michigans-loophole-to.html ], to include felony domestic violence charges.

In the state of Michigan, it is all too prevalent for law enforcement officers who are facing felony domestic violence laws, to be protected from the effects of the Lautenberg Amendment, under MCL 769.4a. While this leaves the victims of OIDV unprotected, it allows officers who plead guilty to felony dv charges, to regain possession of their guns and to return to duty as police officers.


THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.81a Assault; infliction of serious or aggravated injury; “dating relationship” defined.

Sec. 81a.(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(2) Except as provided in subsection (3), an individual who assaults his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(3) An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81, 82, 83, 84, or 86.

(4) As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

History: Add. 1939, Act 237, Eff. Sept. 29, 1939 ;-- CL 1948, 750.81a ;-- Am. 1994, Act 65, Eff. July 1, 1994 ;-- Am. 1999, Act 270, Eff. July 1, 2000 ;-- Am. 2001, Act 190, Eff. Apr. 1, 2002

18 U.S.C. § 921, Lautenberg Amendment, Domestic Violence Gun Ban, MCL 769.4a, Michigan's loophole to the Lautenberg Amendment, MCL 750.81, MCL 750.81a, Michigan misdemeanor and felony domestic assault crimes dismissed under MCL 769.4a.