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Michigan State Law Summary

Last updated October 22, 2007.
 

In 2004, 1,048 people died from firearm-related injuries in Michigan. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2004, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Article I, § 6 of the Constitution of the State of Michigan provides that "[e]very person has a right to keep and bear arms for the defense of himself and the state."

The Supreme Court of Michigan and state appellate courts have repeatedly held that Art. I, § 6 is subject to the reasonable exercise of the police power. See People v. Brown, 235 N.W. 245, 246-47 (Mich. 1931) (rejecting an Art. I, § 6 challenge to a statute criminalizing possession of a blackjack, a weapon of "urban gangsters," noting that Art. I, § 6 provides no right to arms "whose customary employment by individuals is to violate the law"); Eaton County Deputy Sheriffs Association v. Smith, 195 N.W.2d 12 (Mich. Ct. App. 1971) (rejecting an Art. I, § 6 challenge to a statute giving sheriffs the power to prohibit deputies from carrying guns while off duty); People v. Swint, 572 N.W.2d 666, 671 (Mich. Ct. App. 1997) (rejecting an Art. I, § 6 challenge to a state law prohibiting possession of a firearm by a convicted felon); People v. Smelter, 437 N.W.2d 341, 342 (Mich. Ct. App. 1989) (upholding defendant’s conviction for possession of a stun gun as a "reasonable and constitutional" prohibition by the legislature); People v. Graham, 335 N.W.2d 658, 661 (Mich. Ct. App. 1983) (Art. I, § 6 "does not encompass the possession of a firearm during the commission of a felony"); and People v. Perry, 326 N.W.2d 437, 439 (Mich. Ct. App. 1982) (defendant’s conviction for possession of a firearm during commission of a felony did not violate Art. I, § 6).

Michigan courts have also held that Art. I, § 6 applies only to the possession of arms for the purpose of self-defense and provides no right regarding the use of firearms for hunting or sport. Kampf v. Kampf, 603 N.W.2d 295, 298 (Mich. Ct. App. 1999) (statute prohibiting firearm possession by an individual subject to a domestic abuse restraining order did not violate Art. I, § 6 and is a reasonable exercise of police power, even though the individual wished to possess a firearm for hunting and sporting events).

See also People v. Zerillo, 189 N.W. 927 (Mich. 1922) (holding that while a state law could prohibit non-U.S. citizens from possessing handguns for the purpose of hunting, the law would violate Art. I, § 6 if it prevented non-U.S. citizens from possessing a handgun to defend themselves or their property).

Michigan Compiled Laws § 123.1102 provides:

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

Exceptions to section 123.1102 include local legislation:

  • Prohibiting or regulating conduct with a firearm that is a criminal offense under state law. Section 123.1103;

  • Prohibiting or regulating the transportation, carrying, or possession of firearms by employees of a local unit of government in the course of their employment with that local unit of government. Section 123.1103; and

  • Prohibiting the discharge of firearms within the jurisdiction of a city or charter township. Section 123.1104.

In Michigan Coalition for Responsible Gun Owners v. City of Ferndale, 662 N.W.2d 864 (Mich. Ct. App. 2003), the Court of Appeals of Michigan upheld a section 123.1102 challenge to a city ordinance making public buildings gun-free zones. The court stated that a local law is preempted by state law if the state law completely occupies the field the ordinance attempts to regulate, or the ordinance directly conflicts with a state law. Responsible Gun Owners, 662 N.W.2d at 868.

The court stated that section 123.1102 demonstrates that, “in effect, state law completely occupies the field of regulation that the Ferndale ordinance seeks to enter” – the carrying or possession of firearms. Responsible Gun Owners, 662 N.W.2d at 872. According to the court, the ordinance would only be allowable if a federal or state law existed which expressly permitted the regulation. Finding no law allowing the Ferndale ordinance, the court determined that the ordinance was preempted by section 123.1102. Id. at 872-874.

In Morgan v. United States DOJ, 473 F. Supp. 2d 756 (E.D. Mich. 2007), a federal district court held that a Redford Township zoning ordinance restricting the sale of firearms in a designated residential area was not preempted by section 123.1102. The Bureau of Alcohol, Tobacco, Firearms and Explosives denied renewal of plaintiff’s Federal Firearms License over concerns that the township interpreted its residential zoning plan as prohibiting the sale of firearms in premises located in residential districts. Plaintiff sued on several grounds, including that section 123.1102 preempted the zoning restriction. The court found that section 123.1102 does not preempt the zoning restriction because "zoning ordinances of general application merely regulate the location of certain categories of businesses, activities, or dwellings" and do not enter into the substantive field of regulation governing a particular business, activity or dwelling. Morgan, 473 F. Supp. 2d at 770 (emphasis in original).

The Michigan Attorney General has opined that local units of government "may not require an applicant for a license to purchase a pistol to provide his or her fingerprints before" issuance of the license. Mich. Op. Att’y Gen. 7152 (2004), 2004 Mich. AG LEXIS 9, *8. While the opinion was supported by several statutes, the Attorney General found support for this conclusion in section 123.1102 which, in the Attorney General’s opinion, occupies the "field of firearm regulation." Mich. Op. Att’y Gen. 7152 (2004), 2004 Mich. AG LEXIS 9, *7.

Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

In addition, note that Michigan statutes sometimes use the word "pistol" when referring generally to handguns. Mich. Comp. Laws § 28.421(e). To avoid confusion, we have simply used the word "handgun" in these cases.

 

Assault Weapons

No relevant statutes currently exist.

 

Background Checks (Brady Law)

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

Michigan requires that the purchaser of a handgun have either a handgun purchase license (one per weapon) or a license to carry a concealed handgun. Mich. Comp. Laws §§ 28.422(1), (5), (6) and 28.422a. Prospective licensees are subject to a background check as part of the licensing process. Id. Unlike handgun purchase licensees, who must undergo a background check for each purchase license – and thus for each handgun purchased, concealed handgun licensees only have to submit to a background check once every five years – at the time of renewal of their concealed carry license. See the Michigan Carrying Firearms section for more information.

Handgun transfers are processed through local law enforcement, while long gun transfers are processed directly through the FBI. In both cases, the federal purchaser prohibitions referenced above apply. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006).

Section 28.422(3) prohibits the issuing of a handgun purchase license to any person local law enforcement has probable cause to believe would be a threat to themselves or others, or would commit a crime with the handgun. Section 28.422(3) provides that a person may qualify for a license if he or she:

  • Is not subject to any of the specified court orders or dispositions (see § 28.422(3)(a));

  • Is 18 years of age or older (unless the transfer is made by a federally licensed dealer in which case the applicant must be 21 years of age or older);

  • Is a U.S. citizen and a legal resident of Michigan;

  • Does not have a felony charge pending against him or her;

  • Is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under state law;

  • Has not been adjudged "insane" or "legally incapacitated" and is not under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness; and

  • Has passed the "basic pistol safety review questionnaire" exam by correctly answering 70% or more of the questions presented.

Handgun purchase licenses are valid for up to 10 days for the purchase of one handgun. Section 28.422(5), (6). For additional information on handgun purchase licenses, see the Michigan Licensing of Gun Purchasers/Owners section.

Michigan has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions referenced above as state offenses. Section 750.224f prohibits a person from purchasing or receiving a firearm if he or she has been convicted of a felony and has not yet satisfied the requirements specified in section 750.224f(1) and (2) (detailing the requirements to restore a person’s ability to own or possess a firearm, including serving any applicable sentence or conditions for parole, and paying any relevant fines).

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). In Michigan, handgun purchase license holders, and concealed pistol license holders with licenses issued on or after November 22, 2005, are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Concealed pistol licenses holders with licenses issued prior to November 22, 2005 and temporary concealed pistol licensees are not exempt. Applicants must submit to, and pass, an initial background check to obtain either a handgun purchase license or a concealed pistol license. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Michigan Carrying Firearms section.

Long gun transfers by private sellers (non-firearms dealers) are not subject to background checks in Michigan, although federal and state purchaser prohibitions still apply. See the Michigan Private/Secondary Sales section.

Ballistic Fingerprinting

No relevant statutes currently exist.

 

Carrying Firearms

Possession Restrictions

Michigan generally prohibits any person from carrying a handgun concealed on or about his or her person without a concealed handgun license. Mich. Comp. Laws §§ 750.227(2), 750.231a(1)(a).

Michigan also prohibits the possession of a firearm, whether concealed or unconcealed, on the premises of any:

  • Depository financial institution or a subsidiary or affiliate of a depository financial institution;

  • Church or other house of religious worship;

  • Court;

  • Theatre;

  • Sports arena;

  • Day care center;

  • Hospital; or

  • Establishment licensed under the Michigan Liquor Control Act.

Section 750.234d(1).

These particular location restrictions do not apply to any person licensed to carry a concealed handgun. Section 750.234d(2)(c). For handgun possession restrictions that apply to concealed handgun licensees, see the Location Limits subsection under Concealed Weapons Licensing Requirements, below.

Under Michigan Administrative Code r. 432.1212, no person may carry a firearm in a casino.

The state prohibits possession of any loaded firearm in state parks and recreation areas. Mich. Admin. Code r. 299.927.

Finally, Michigan prohibits any person from entering upon fairgrounds and possessing any firearm, loaded or unloaded, or any other dangerous weapon, concealed or otherwise. Mich. Admin. Code r. 291.208.

Transportation of Firearms

Michigan prohibits the carrying of a handgun, concealed or unconcealed, in a vehicle operated or occupied by the person. Mich. Comp. Laws § 750.227(2). This restriction does not apply to: 1) concealed handgun licensees; 2) persons transporting a handgun for any lawful purpose, licensed for concealment by an owner or occupant of the motor vehicle, which handgun is unloaded and in a closed case designed for firearm storage in the trunk of the vehicle; or 3) persons transporting a handgun for any lawful purpose, licensed for concealment by an owner or occupant of the motor vehicle, which handgun is unloaded and in a closed case designed for firearm storage in a vehicle that does not have a trunk, and is not readily accessible to the occupants. Section 750.231a(1)(a), (d), (e). "Lawful purpose" includes transporting the handgun while:

  • En route to or from a hunting or target shooting area;

  • En route to or from a home or place of business and place of repair;

  • Moving goods from one place of abode or business to another place of abode or business;

  • Transporting a licensed handgun en route to or from a law enforcement agency for the purpose of having a safety inspection performed on the handgun, or for the purpose of having a law enforcement official take possession of the handgun;

  • En route to or from an abode or place of business and a gun show or places of purchase or sale;

  • En route to or from an abode to a public shooting facility or public land where discharge of firearms is permitted by law, rule, regulation, or local ordinance; or

  • En route to or from an abode to private property where the handgun is to be used as is permitted by law, rule, regulation, or local ordinance.

Section 750.231a(2)(b).

Section 750.227c(1) prohibits the transportation or possession of any loaded firearm other than a handgun in or upon a sailboat, motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means. Furthermore, section 750.227d(1) provides that no person shall transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm other than a handgun, unless the firearm is unloaded and is:

  • Enclosed in a case;

  • Carried in the trunk of the vehicle; or

  • Inaccessible from the interior of the vehicle.

Generally, a person may not transport or have in his or her possession a firearm in or upon a vehicle, unless both the barrel and magazine are unloaded and the gun is enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat. Section 324.40111(2).

In addition, a person shall not carry or transport a firearm while in any area frequented by wild animals unless the person has in his or her possession a license to carry a concealed firearm or is otherwise exempt from the licensing requirement. Section 324.43510(1). When hunting or in a location frequented by wild animals, if a person has a concealed handgun license or falls into an exception to the license requirement, the Natural Resources and Environmental Protection Act and regulations issued pursuant to that act shall not be construed to prohibit a person from transporting or carrying a loaded handgun, whether concealed or not. Section 324.43510(2).

Section 324.43513(1) provides that a person may carry, transport or possess a firearm without a hunting license if the firearm is unloaded in both the barrel and magazine, and either enclosed in a case or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle. Furthermore, a person may carry, transport, possess or discharge a firearm without a hunting license if:

  • The person is not taking or attempting to take game but is engaged in:

    • Target practice using an identifiable, artificially constructed target or targets;

    • Practice with silhouettes, plinking, skeet, or trap; or

    • Sighting-in the firearm;

  • The person is, or is accompanied by or has the permission of:

    • The owner of the property on which the target practice or sighting-in referenced above is taking place; or

    • The lessee of that property for a term of not less than one year; or

  • The owner or lessee of the property does not receive remuneration for the target practice or sighting-in activity.

Section 324.43513(2).

A person may carry or possess an unloaded weapon at any time if the person is traveling to or from or participating in a historical reenactment. Section 324.43513(3).

A person shall not operate an "off-road vehicle" while transporting on the vehicle a firearm unless the firearm is unloaded and securely encased, or equipped with and made inoperative by a manufactured key-locked trigger housing mechanism. Section 324.81133(k). Similarly, no person shall operate a snowmobile while transporting a firearm unless the gun in unloaded and securely encased. Section 324.82126.

Concealed Weapons Licensing Requirements

Michigan is a "shall" issue state, meaning that the "concealed weapon licensing board" (CWLB) must issue a concealed handgun license if the applicant meets certain qualifications. Michigan Compiled Laws § 28.425b(6) requires the county sheriff to conduct a background check through the law enforcement information network and report his or her finding to the CWLB. If the applicant resides in a city, village, or township that has a police department, the CWLB must contact that department to determine if they have any information relevant to whether the applicant is eligible under this act to receive a license to carry a concealed handgun. Id.

Under section 28.425b(7), the CWLB shall issue a license if the applicant:

  • Is 21 years of age or older;

  • Is a citizen of the United States or is an alien lawfully admitted into the United States;

  • Is a resident of Michigan, and has resided in Michigan for at least six months;

  • Has completed a safety training course that is available to the general public, and is presented by a law enforcement agency, junior or community college, college, or public or private institution or organization or firearms training school. Among other requirements, the class must provide at least eight hours of instruction, including three hours of firing range time (see section 28.425j);

  • Is not the subject of certain court orders or dispositions (see section 28.425b(7)(d));

  • Is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 750.224f;

  • Has never been convicted of a felony, and a felony charge is not pending against the applicant;

  • Has not been dishonorably discharged from the United States armed forces;

  • Has not been convicted of a misdemeanor violation in the last eight years relating to specified crimes, including: serious vehicle offenses; displaying sexually explicit materials to minors; assault or domestic assault; fourth degree child abuse; accosting, enticing, or soliciting a child for immoral purposes; vulnerable adult abuse; solicitation to commit a felony; certain weapons crimes; or stalking (see section 28.425b(7)(h));

  • Has not been convicted of any of the misdemeanors listed in section 28.425b(7)(i) in the last three years;

  • Has not been found “guilty but mentally ill” of any crime and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity;

  • Has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness;

  • Does not have a diagnosed mental illness at the time the application is made regardless of whether he or she is receiving treatment for that illness;

  • Is not under a court order of legal incapacity; and

  • Would not pose a danger to self or others as a result of the issuing of a license (determination to be based on clear and convincing evidence of civil infractions, crimes, personal protection orders, injunctions, police reports or other evidence of the actions of, or statements of, the applicant that bear directly on his or her ability to carry a concealed handgun).

Each applicant must pay a fee of $105. Section 28.425b(5).

A person who carries a concealed handgun without a license, other than at his or her own residence or place of business or on his or her own land, commits a felony punishable by up to five years imprisonment, or a fine up to $2,500. Section 750.227(2), (3).

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under sections 28.425b, 28.425c, 28.425d and 28.428.

         Disclosure or Use of Information

An applicant’s legal name, date of birth, address, medical records, and certain types of personal identifying information are considered confidential, and are not subject to disclosure under Michigan’s Freedom of Information Act. Section 28.425b(1)(a), (c), (d). This information may only be disclosed for purposes of the concealed handgun licensing act or for law enforcement purposes. Id.

The concealed weapon licensing board must retain a copy of each concealed handgun license application as an official record until one year after the expiration of the license. Section 28.425b(4). The Department of State Police (DSP) must maintain a computerized database of individuals who apply for a license to carry a concealed handgun. Section 28.425e(1). If an individual who was denied a license to carry a concealed handgun is subsequently issued a license, the DSP shall delete the previous reasons for the denial from the database. Section 28.425e(2). Notwithstanding the annual report (§ 28.425e(5), detailed below), information in the database is confidential, is not subject to disclosure under the Michigan Freedom of Information Act (§§ 15.231 to 15.246), and shall not be disclosed to any person except for purposes of the state firearms licensing and possession act or for law enforcement purposes. Section 28.425e(4).

Under section 28.425e(5), the DSP shall file an annual report with the legislature setting forth the following information for each county concealed weapon licensing board:

  • The number of concealed handgun applications received;

  • The number of concealed handgun licenses issued, denied and revoked (and the categories for denial and revocation);

  • The number of applications pending at the time the report is made;

  • The mean and median amount of time, and the longest and shortest amount of time, used by the FBI to supply the fingerprint comparison report required in section 28.425b(10);

  • The number of charges of state civil infractions under this act or charges of criminal violations, categorized by offense, filed against individuals licensed to carry a concealed handgun that resulted in a finding of responsibility or a criminal conviction. The report shall indicate the number of crimes in each category of criminal offense that involved the brandishing or use of a handgun, the number that involved the carrying of a handgun by the license holder during the commission of the crime, and the number in which no handgun was carried by the license holder during the commission of the crime;

  • The number of pending criminal charges, categorized by offense, against individuals licensed to carry a concealed handgun;

  • The number of criminal cases dismissed, categorized by offense, against individuals licensed to carry a concealed handgun;

  • The number of cases filed against individuals licensed to carry a concealed handgun for criminal violations that resulted in a finding of not responsible or not guilty, categorized by offense;

  • The number of suicides by individuals licensed to carry a concealed handgun; and

  • The actual costs incurred per permit for each county.

         Duration & Renewal

A license to carry a concealed handgun is valid until the licensee’s date of birth that falls not less than four nor more than five years after the license is issued. Section 28.425l(1). A license may be renewed in generally the same manner required to obtain the original license, except that the safety training education requirements are waived if the applicant certifies that he or she has completed at least three hours of review of the required training and has had at least one hour of firing range time in the six months immediately preceding the renewal application. Section 28.425l.

          Location Limits

Under section 28.425o(1), an individual licensed to carry a concealed handgun, or a resident of another state who is licensed by that state to carry a concealed handgun, shall not carry a concealed handgun on the premises of any of the following:

  • A school or school property, except that a parent or legal guardian of a student is not precluded from carrying a concealed handgun while in a vehicle on school property if the parent is dropping the student off at the school or picking up the child from the school;

  • A public or private day care center, public or private child caring agency, or public or private child placing agency;

  • A sports arena or stadium;

  • A licensed bar or tavern where the primary source of income is the sale of alcoholic liquor consumed on the premises;

  • Any property or facility owned or operated by a church, synagogue, mosque, temple or other place of worship, unless the presiding official or officials of the place of worship permit the carrying of a concealed handgun on that property;

  • An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than one-inch high a seating capacity of 2,500 or more individuals;

  • A hospital; or

  • A dormitory or classroom of a community college, college, or university.

Section 259.80f(1) prohibits the possession or carrying of, or attempt to possess or carry, any firearm in certain areas of commercial airports.

Under Michigan Administrative Code r. 432.1212, no person, including a concealed handgun licensee, may carry a firearm in a casino.

An employer may prohibit an employee from carrying a concealed handgun in the course of his or her employment, and a police agency may prohibit an employee from carrying a concealed handgun if carrying a concealed handgun would result in increased insurance premiums or a loss or reduction of insurance coverage for that employer. Section 28.425n(2)(b), (3).

Concealed handgun license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.

         Reciprocity

Pursuant to section 28.432a(1)(h), a concealed handgun license issued to a resident of another state is recognized in Michigan.

         Brady Exemption

Concealed handgun license holders in Michigan are exempt from background checks when purchasing a firearm if the license was issued on or after November 22, 2005, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Concealed handgun license holders with licenses issued prior to November 22, 2005 and temporary concealed handgun licensees are not exempt from background checks. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Michigan Background Checks section.

Child Access Prevention

Pursuant to Michigan Compiled Laws § 752.861, any person who, "because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person" commits a misdemeanor.

The parent of any child under the age of 18 whose child violates a firearm statute on school property or in a school vehicle commits a misdemeanor if the parent had custody of the child and: 1) knew the child would commit the violation; or 2) acted to further the violation. Section 750.235a.

Under section 28.435(6), federally licensed firearms dealers are required to post a notice in a conspicuous manner at the entrances, exits, and all points of sale on their business premises stating: "You may be criminally and civilly liable for any harm caused by a person less than 18 years of age who lawfully gains unsupervised access to your firearm if unlawfully stored."

Michigan requires that any agencies that place children in foster care services have hazardous materials policies in place which require that firearms be trigger-locked or fully inoperable and stored without ammunition in a locked area. Mich. Admin. Code r. 400.12416(b). Ammunition shall be stored in a separate locked location. Id.

 

Dealer Regulations / Permitting

Michigan does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Michigan Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. In Michigan, if the purchaser possesses a handgun purchase license, or a concealed handgun license issued on or after November 22, 2005, he or she is exempt from the background check requirement. See the Michigan Background Checks section for additional information.

A person who sells a handgun to a concealed weapons licensee must complete a sales record, forward the original record to the Department of State Police within 10 days, and retain a copy of the record. Mich. Comp. Laws § 28.422a.

Pursuant to section 28.435, when selling a firearm, federally licensed dealers must:

  • Provide a free “brochure or pamphlet that includes safety information on the use and storage of the firearm in a home environment;” 

  • Provide a commercially available trigger lock or gun case; and

  • Sign a statement and require the buyer to sign a statement that the sale is in compliance with section 28.435(1) through (3).

Michigan prohibits the purchase of a handgun by any person under age 21 (unless the transfer is made by a private (non-federally licensed) seller, in which case the prohibition only applies to persons under age 18). Section 28.422(3)(b).

In addition, federally licensed dealers must post a notice in a conspicuous manner at the entrances, exits, and points of sale on the premises where firearms are sold that states: "You may be criminally and civilly liable for any harm caused by a person less than 18 years of age who lawfully gains unsupervised access to your firearm if unlawfully stored." Section 28.435(6).

All retail firearms sellers are required to keep a register of all firearms sales, including the name, age, occupation and residence of each purchaser, together with a number or other mark identifying the firearm purchased. Section 750.232. The register must be open to law enforcement for inspection at all times. Id.

For laws applicable to both licensed and private firearm sellers, please see the Michigan Private/Secondary Sales section.

Number of Federally Licensed Firearms Dealers

There are 2,456 federally licensed firearms dealers and pawnbrokers in Michigan. Federal firearms licensee totals for Michigan as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Gun Shows

Although Michigan does not specifically regulate gun shows, state law requires that the purchaser of a handgun have either a handgun purchase license (one per weapon) or a license to carry a concealed handgun, and such licensees are subject to background checks as part of the licensing process. Mich. Comp. Laws §§ 28.422(1), (3), (5) and 28.422a. Unlike handgun purchase licensees who must undergo a background check for each purchase license – and therefore each handgun purchased, concealed handgun licensees only have to submit to a background check once every five years – at the time of renewal of their concealed carry license. See the Michigan Background Checks and Michigan Carrying Firearms sections.

Michigan prohibits any person from entering upon fairgrounds and possessing any firearm, loaded or unloaded, or any other dangerous weapon, concealed or otherwise. Mich. Admin. Code r. 291.208. This prohibition is not specific to gun shows on fairgrounds.

See the Michigan Private/Secondary Sales section for state laws that apply at gun shows.

Immunity Statute

Michigan Compiled Laws § 28.435(7) states that federally licensed firearms dealers are not liable for damages arising from the use or misuse of a firearm if the sale complies with state and federal law.

Section 28.435(9) prohibits political subdivisions from bringing civil actions against a person who "produces" (meaning who manufactures, constructs, designs, formulates, develops standards for, prepares, processes, assembles, inspects, tests, lists, certifies, gives a warning or instruction regarding, markets, sells, advertises, packages, labels, distributes, or transfers, per § 28.435(15)(e)) a firearm or ammunition and reserves the authority to do so exclusively to the state.

Political subdivisions are not prohibited by section 28.435(10) from bringing the following actions:

  • A contract issue or action based on a provision of the Uniform Commercial Code, in which the political subdivision is the purchaser and owner of the firearm or ammunition;

  • Expressed or implied warranty actions arising from the purchase of a firearm or ammunition by the political subdivision or the use of a firearm or ammunition by an employee or agent of the political subdivision; or

  • Product liability, personal injury, or wrongful death actions when an employee or agent or property of the political subdivision has been injured or damaged as a result of a defect in the design or manufacture of the firearm or ammunition purchased and owned by the political subdivision.

However, an action by a political subdivision may not be based on the inherent potential of a firearm or ammunition to cause injury, damage, or death, or failure to warn of such potential. Section 28.435(11). Further, an action may not be based on a failure to include a device or mechanism to prevent a firearm or ammunition from being discharged by an unauthorized person unless specifically provided for by contract. Id.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Junk Guns / Saturday Night Specials

No relevant statutes currently exist.

 

Large Capacity Ammunition Magazines

No relevant statutes currently exist.

 

Licensing of Gun Purchasers / Owners

Under state law, every handgun transfer requires that the buyer have either a handgun purchase license (one per weapon) or a license to carry a concealed handgun. Mich. Comp. Laws §§ 28.422(1), (5), (6), 28.422a. See the Michigan Carrying Firearms section. The criteria for obtaining a handgun purchase license are outlined in the Michigan Background Checks section.

Once a handgun purchase license is issued, three copies are delivered to the applicant by the licensing authority (i.e., local law enforcement). Section 28.422(4). When the handgun sale is made, the seller must fill out the license forms describing the handgun, listing the date of sale, and indicating that the handgun was sold to the licensee. Section 28.422(5). Both the seller and the licensee must sign the license forms. Id. The seller may retain a copy of the license as a record of the sale, and the licensee must return the other two copies to local law enforcement within 10 days (one copy is retained by local law enforcement as the official record for six years, and the other is forwarded to the state police within 48 hours of its receipt). Id., section 28.422(6). Handgun purchase licenses are valid for up to 10 days, for the purchase of a single weapon. Section 28.422(5), (6).

A Michigan handgun purchase license qualifies as exempt from the requirements of the Brady Act. Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from additional background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Consult the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart outlining those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Michigan Background Checks section.

Locking Devices

Pursuant to Michigan Compiled Laws § 28.435(1) a federally licensed firearms dealer shall not sell a firearm in Michigan unless the sale includes a commercially available:

  • Trigger lock or other device designed to disable and prevent the discharge of the firearm; or

  • Gun case or storage container that can be secured to prevent unauthorized access to the firearm.

This law does not apply to law enforcement, persons who can establish that they have already purchased a qualifying locking device, or the sale of antique firearms. Section 28.435(2). In addition, any person who possesses a handgun must present the handgun to local law enforcement for a safety inspection and must ensure that the handgun is unloaded and "equipped with a trigger lock or other disabling mechanism," or is encased, when presented. Section 28.429. See also section 750.228, as well as the Michigan Registration of Guns section.

Michigan requires that any agencies that place children in foster care services have hazardous materials policies in place which require that firearms be trigger-locked or fully inoperable and stored without ammunition in a locked area. Mich. Admin. Code r. 400.12416(b). Ammunition shall be stored in a separate locked location. Id.

Minimum Age to Purchase / Possess

With limited exceptions, an individual under the age of 18 may not possess a firearm in public except under the direct supervision of an individual 18 years of age or older. Mich. Comp. Laws § 750.234f.

Michigan prohibits the purchase of a handgun by any person under age 21 (unless the transfer is made by a private seller, in which case the prohibition only applies to persons under age 18). Section 28.422(3)(b).

A concealed carry permit may not be issued to a person under 21 years of age. Section 28.425b(7)(a).

Section 324.43520 provides that a parent or legal guardian may apply for a hunting license for a minor child which, upon successful application, may be issued for a child at least 12 years old for deer, bear, or elk hunting with a firearm.

One-Gun-Per-Month

No relevant statutes currently exist.

 

Personalized / Smart Guns

No relevant statutes currently exist.

 

Secondary / Private Sales

Every buyer of a handgun must have either a handgun purchase license (one per weapon) or a license to carry a concealed handgun. Prospective licensees are subject to background checks as part of the licensing process. Mich. Comp. Laws §§ 28.422(1), (3), (5) and 28.422a. Unlike handgun purchase licensees who must undergo a background check for each purchase license – and therefore each handgun purchased, concealed handgun licensees only have to submit to a background check once every five years – at the time of renewal of their concealed carry license. See the Michigan Background Checks and Michigan Carrying Firearms sections.

Transfers of rifles and shotguns by private sellers (non-firearms dealers) are not subject to background checks in Michigan, although federal purchaser prohibitions still apply. See the Michigan Background Checks section.

A person who sells a handgun to a concealed weapons licensee must complete a sales record, forward the original record to the Department of State Police within 10 days, and retain a copy of the record. Section 28.422a.

Michigan prohibits any person from knowingly selling a firearm “more than 30 inches in length” to a person under age 18. Section 750.223(2). In addition, a "seller" (defined as "a person who sells, furnishes, loans, or gives a [handgun] to another person" per § 750.222(g)) shall not knowingly sell a firearm or ammunition:

  • To a person under indictment for a felony; or

  • To a person prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm.

Section 750.223(3)(a),(b).

State law criminalizes the accepting, or offering or displaying for resale, of a handgun by any pawnbroker or second-hand or junk dealer. Section 750.229.

Registration of Guns

Any person who possesses a handgun must present the handgun to local law enforcement for a safety inspection. Mich. Comp. Laws § 28.429(1). If the person presenting the handgun is eligible to possess it (see the Michigan Background Checks section), a certificate of inspection will be issued containing the name, age, address, description, and signature of the person presenting the handgun for inspection, together with a full description of the handgun. Id. Copies of the certificate must be mailed within 48 hours to the department of state police to be kept as a permanent official record. Id. An additional copy must be retained by law enforcement. Id. Wholesale or retail firearms dealers, and collectors of handguns qualifying as relics or curios, are exempt. Id.

Retail firearms sellers are required to keep a register of all firearms sales, including the name, age, occupation and residence of each purchaser together with a number or other mark identifying the firearm purchased. The register must be open to law enforcement for inspection "at all times." Section 750.232.


Any person who owns a firearm shall, within five days after he or she knows his or her firearm is stolen, report the theft to a police agency having jurisdiction over that theft. Mich. Comp. Laws § 28.430.

Waiting Period

No relevant statutes currently exist.

 

 

Bureau of Alcohol, Tobacco, Firearms and Explosives, Detroit Field Division (MI)

Michigan Partnership to Prevent Gun Violence

Michigan Office of the Attorney General

 

Michigan Coalition Against Domestic and Sexual Violence

 

Pioneers for Peace

 
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