Michigan Firearms Laws – Questions?

Firearms

Featured Attorney
Michael Komorn

Charged with Driving Under the Influence (DUI)

Michigan Firearms Laws – Any Questions?

 

Michigan has unique laws regulating the ownership, possession, and use of firearms. Whether you are a first-time gun owner or a seasoned firearms enthusiast, it is important to understand the legal requirements associated with firearms in Michigan.

This article provides an overview of frequently asked questions about Michigan firearms laws, including who can own and possess firearms, what types of firearms are legal, how to obtain a concealed pistol license, how to purchase a firearm, restrictions on carrying a firearm, penalties for violating firearms laws, and resources for staying up-to-date with Michigan firearms laws.

By gaining a better understanding of Michigan firearms laws, you can enjoy responsible firearm ownership while also staying within the bounds of the law.

There are a lot of resource links throughout and at the end of this article.

 

Overview of Michigan Firearms Laws

 

Michigan has a long history of firearms ownership and usage, with hunting and recreational shooting being popular activities throughout the state.

However, it is important to understand the state’s laws and regulations regarding firearms to ensure lawful possession and use.

Definition of Firearms in Michigan

In Michigan, firearms are defined as any weapon that is designed or adapted to expel a projectile by the action of an explosive or combustible propellant.

This includes handguns, rifles, shotguns, and any other firearms that fall under this definition.

History of Firearms Laws in Michigan

Michigan has a relatively permissive approach to firearms ownership and use, with the state’s constitution including the right to bear arms as a fundamental right.

Over the years, Michigan has enacted various laws related to firearms, including measures to restrict access to certain types of weapons and to prohibit certain individuals from owning or possessing firearms.

Who Can Own and Possess Firearms in Michigan?

 

While Michigan’s firearms laws are relatively lenient, there are still some restrictions on who can own and possess firearms in the state.

Minimum Age Requirements for Owning and Possessing Firearms in Michigan

In Michigan, individuals must be at least 18 years old to purchase a firearm from a licensed dealer. Those under the age of 18 may possess firearms with the consent of a parent or guardian, or while engaged in activities such as hunting or target shooting that are supervised by a responsible adult.

Prohibitions on Firearms Ownership and Possession in Michigan

Michigan law prohibits certain individuals from owning or possessing firearms, including convicted felons, those with a history of mental illness, and those who have been convicted of domestic violence.

In addition, those who are subject to protection orders or who have been deemed a danger to themselves or others may not own or possess firearms.

What Types of Firearms are Legal in Michigan?

 

Michigan allows for the ownership and possession of most types of firearms, with some restrictions.

Restrictions on Assault Weapons and Automatic Firearms in Michigan

Michigan law prohibits the ownership and possession of assault weapons, including certain types of rifles and shotguns that are designed for military use.

In addition, automatic firearms (sometimes referred to as machine guns) are heavily restricted in Michigan, with ownership and possession limited to those with a special federal license.

Legal Requirements for Firearm Modifications and Accessories in Michigan

While Michigan allows for the modification and customization of firearms, there are some restrictions on certain modifications and accessories. For example, silencers (also known as suppressors) are generally illegal in Michigan, with limited exceptions for law enforcement and certain other professionals.

How to Obtain a Concealed Pistol License in Michigan?

Michigan allows for the issuance of concealed pistol licenses (CPLs) to qualified individuals who wish to carry a concealed firearm for personal protection.

Eligibility Requirements for a Concealed Pistol License in Michigan

To be eligible for a CPL in Michigan, individuals must be at least 21 years old, be a resident of the state, and pass a background check.

Applicants must also complete a firearms safety training course that is approved by the state.

Application Process for a Concealed Pistol License in Michigan

The application process for a CPL in Michigan involves submitting an application and supporting documentation to the county sheriff’s office, along with a fee.

Applicants must also be fingerprinted and photographed, and must complete a background check. Once approved, the CPL is valid for five years and can be renewed as necessary.

How to Purchase a Firearm in Michigan?

If you’re interested in purchasing a firearm in Michigan, here are some important legal requirements and background check processes to keep in mind:

Legal Requirements for Purchasing Firearms in Michigan

In order to purchase a firearm in Michigan, you must be at least 18 years old to purchase a rifle or shotgun, and 21 years old to purchase a handgun.

You must also provide a valid Michigan driver’s license or state ID card, and pass a background check. If you are purchasing from a licensed dealer, you must also fill out a Federal Form 4473.

Background Check Process for Purchasing Firearms in Michigan

Michigan requires a background check for all firearm purchases, including private sales. This background check is performed by running your information through the National Instant Criminal Background Check System (NICS). The check typically takes about 5-10 minutes to complete.

What Are the Restrictions on Carrying a Firearm in Michigan?

 

If you’re planning on carrying a firearm in Michigan, it’s important to know the restrictions and requirements for open and concealed carry.

Restrictions on Open Carry in Michigan

Michigan allows open carry of firearms without a permit, but there are certain restrictions and limitations.

For example, you cannot open carry in a “pistol-free zone” such as a school or government building, and you cannot open carry while under the influence of alcohol or drugs.

Restrictions on Concealed Carry in Michigan

In order to legally carry a concealed firearm in Michigan, you must apply for and receive a Concealed Pistol License (CPL). This requires completing a firearms safety course and meeting other eligibility requirements. Once you have your CPL, there are still restrictions on where you can carry. You cannot carry in a “pistol-free zone” or in certain other restricted areas.

What Are the Penalties for Violating Michigan Firearms Laws?

 

It’s important to understand the potential consequences for violating Michigan firearms laws.

Penalties for Unlawful Firearm Possession in Michigan

Possessing a firearm illegally in Michigan can result in serious criminal charges, including fines and potential jail time. Penalties and charges can vary depending on the circumstances of the possession.

Penalties for Unlawful Firearm Use in Michigan

Using a firearm unlawfully, such as in the commission of a crime or in self-defense situations not covered by Michigan law, can result in severe penalties including heavy fines and long prison sentences.

How to Stay Up-to-Date with Michigan Firearms Laws?

 

Since firearms laws can change over time, it’s important to stay informed and up-to-date on the latest changes.

Resources for Keeping Up-to-Date with Michigan Firearms Laws

A great resource for staying informed on Michigan firearms laws is the Michigan State Police website, which provides information on current laws and news updates.

Additionally, it’s always a good idea to consult with an attorney or other legal professional to ensure you are following all applicable laws and regulations.In conclusion, Michigan firearms laws are complex and can be difficult to navigate. However, by following the legal requirements and staying up-to-date with changes in the law, you can ensure that you are a responsible and law-abiding gun owner. Remember to always prioritize safety and responsible gun ownership practices, and to seek legal advice if you have any questions or concerns about Michigan firearms laws.

 

Michigan Senate Gun Bills - April 2023

  • Senate Bill 79: Requires a person to keep a firearm stored or left unattended on a premises unloaded and locked, either with a locking device or stored in a locked container, if it is “reasonably known that a minor is or is likely to be present on the premises,” Whitmer’s office said. There are a range of penalties for violating this requirement.
  • Senate Bill 80: Updates Michigan’s criminal code for safe firearm storage as it relates to “child access protection.
  • Senate Bills 8182: Lower the costs of gun safety devices in an effort to allow easier access to materials needed to safely store firearms
  • House Bills 41384142: Expands universal background checks to all firearm purchases, from handguns to long guns.

FAQ

 

Can I openly carry a firearm in Michigan?

Yes, you can openly carry a firearm in Michigan without a permit. However, there are restrictions on where you can carry a firearm, such as schools and other designated areas. Additionally, private property owners may restrict or prohibit firearms on their property.

Can I carry a concealed weapon in Michigan?

To carry a concealed weapon in Michigan, you must obtain a Concealed Pistol License (CPL) from your local county clerk’s office. Michigan is a “shall issue” state, meaning that if you meet the eligibility requirements, you must be granted a CPL. However, there are restrictions on where you can carry a concealed weapon, such as schools and other designated areas.

Can I purchase a firearm online in Michigan?

Yes, you can purchase a firearm online in Michigan, but the firearm must be shipped to a licensed dealer in Michigan. You must then pick up the firearm from the dealer and complete a background check before taking possession of the firearm.

Are there restrictions on who can own and possess firearms in Michigan?

Yes, there are restrictions on who can own and possess firearms in Michigan.

Individuals who have been convicted of certain crimes, have been adjudicated as mentally ill, or are addicted to drugs or alcohol are prohibited from owning or possessing firearms.

Additionally, individuals under the age of 18 are generally prohibited from owning or possessing firearms, with certain exceptions.

Related Links

Need a Criminal Defense Attorney in Michigan?