Gun laws in Michigan regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Michigan.
The State of Michigan has numerous laws concerning the ownership and the carrying of firearms. Generally, federal, state, and local law enforcement agencies, and agents thereof acting in an official capacity, are exempt from Michigan's firearms regulations. The Constitution of Michigan of 1963 Article 1, Section 6 reads, "Every person has a right to keep and bear arms for the defense of himself and the state."
A complete listing of Michigan's firearms laws can be found in the publication "Firearms Laws of Michigan." This publication is dated October 2013 and does not yet reflect recent changes to the laws.
Summary table Subject / law Longguns Handguns Relevant statutes Notes State permit required to purchase? Partial Yes MCL § 28.422 A license to purchase (issued by a police department) or a Michigan-issued Concealed Pistol License (CPL) is required to purchase a long gun (private sales only) or a handgun (both private sales and dealer sales). Applicants must undergo a background check to receive a license to purchase or a CPL. Firearm registration? No Yes MCL § 28.432 Some handgun sales are required to be registered to local law enforcement. There are several exceptions, including, but not limited to, police and United States citizens holding a concealed carry permit from another state. Assault weapon law? No No Magazine capacity restriction? No No Owner license required? No No Permit required for concealed carry? N/A Yes MCL § 28.425bMCL § 750.227 Michigan is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permit required for open carry? No No MCL § 750.227 May carry openly without permit, except Concealed Pistol License required to carry in a vehicle. Castle Doctrine/Stand Your Ground law? Yes Yes MCL § 780.951 State preemption of local restrictions? Yes Yes MCL § 123.1102 NFA weapons restricted? No No Peaceable Journey laws? Yes Yes MCL § 750.231a Background checks required for private sales? Yes Yes MCL § 28.422a A license to purchase a firearm (issued by a police department) or a Michigan-issued Concealed Pistol License (CPL) is required to purchase a long gun (private sales only) or a handgun (both private sales and dealer sales). Applicants must undergo a background check to receive either a license to purchase a firearm or a CPL. Duty to inform? No Yes MCL § 28.425f
"Firearm" defined
The word 'firearm', except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. " Michigan's Attorney General has ruled that the definition of "firearm" includes a Taser.Michigan Attorney General Opinion No. 4950: "Applicability of Michigan statutes regulating firearms to 'Taser Public Defender' device" As of August 6, 2012, under essentially the same laws applicable to pistols in Michigan, private citizens may purchase and use Tasers.Act No. 122 & 123 - Public Acts of 2012. Approved by Governor Snyder May 8, 2012. EFFECTIVE: August 6, 2012. ENROLLED SENATE BILL No. 30 & No. 29
According to the State of Michigan's Penal Code, a pistol is defined as "a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm"; A person who knowingly sells a handgun without complying with MCL 28.422, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both; Michigan Penal Code pg. 386 Sec. 223 (1). A person 18 years of age can legally purchase a muzzle loading pistol, cannon up to 42 lbs, or long gun from a private seller. A person 18 years of age can legally purchase a handgun from a private seller, but first must obtain a purchasing permit which is good for 30 days or have valid cpl license.
Purchasing firearms
At the age of 18 or up, it is legal to buy a handgun with a purchase license from a private seller, at the age of 21, it is legal to buy a firearm from a Federally licensed (FFL) dealer. No purchase license is required to purchase a long gun, or muzzle loader (a firearm that is more than 26 inches long) in Michigan. According to state law, a long gun may be purchased by anyone aged 18 or over who is not subject to restrictions based on criminal history, mental health history, or other disqualifying factor. A person must be at least 18 years old to purchase a long gun from a federal dealer or a private seller under Michigan law.
Only Michigan residents may purchase handguns, short barrelled rifles, and short barrelled shotguns in Michigan. Residents of any state may purchase long guns in MichiganMCL 3.112 as amended by Public Law 378 of 2012 and Michigan residents may purchase long guns in any state.MCL 3.111 as amended by Public Law 378 of 2012
NON-CPL Holders Only that are buying a handgun from a private seller:MCL 3.111–3.112 An individual must apply to their local police or sheriff's department for a purchase license before obtaining a handgun from a private seller. The police authority will check the applicant's criminal history and for disqualifying factors such as whether the person has been ordered to undergo involuntary mental health treatment or is subject to a restraining order for domestic violence.
As of December 18, 2012, no purchase permit is required for purchases from a Class 1 FFL Dealer.House Bill 5225
Purchases from a private party will require a purchase permit that can be acquired at any police or sheriff's office statewide.
A License to Purchase a handgun is valid for 30 days from a private party.MCL 28.422(4) The buyer and seller must both sign the license and may each keep one copy for his or her records. An individual must return to the local police department within 10 days of purchasing the pistol to return the remaining two copies of the license. Some agencies require all unused license-to-purchase forms to be returned to them for record-keeping purposes.
CPL Holders: A License to Purchase is not needed for anyone with a valid Michigan Concealed Pistol License even when buying from a private seller. Someone with a valid Michigan Concealed Pistol License must, however, complete a Handgun Sales Record when purchasing or acquiring a handgun.Pistol Sales Record
Pawn shops, second hand dealers, and junk shops are not allowed to accept a handgun or pistol in pawn, and must be FFL dealers to buy & sell.MCL 750.229
Concealed carry
Michigan's concealed carry law is "shall issue," meaning that anyone 21 or older may obtain a license to carry a concealed pistol or handgun, so long as the person is not prohibited from owning a firearm, has not been found guilty of any felonies or certain misdemeanors within a time period of either 3 or 8 years dependent upon the charge, and has completed state-approved firearms training. Concealed Pistol License (CPL) holders are not required to obtain a license to purchase a handgun; however, they must fulfill the registration requirement (a sales record of the handgun acquisition). Under Michigan law, carrying a concealed pistol under a CPL constitutes implied permission for chemical testing for illegal drugs or alcohol; and it is strictly forbidden for someone with a concealed pistol license to carry a pistol or handgun while under the influence of drugs or alcohol.
On July 27, 2018, the Michigan Supreme Court upheld lower court rulings that allowed schools to ban openly carried guns by CPL holders. The majority opinion stated that while the legislature has occupied the field of firearm laws, prohibiting "a local unit of government", which includes "city, village, township, or county", from regulating firearms, such preemption does not apply to school districts because they are not expressly included in the definition of a local unit of government. While the court ruled that the rules are not field preempted, it did not rule on whether the rules are conflict preempted, leaving that question unanswered. The dissent argued that while the law allows school districts "the authority to enact policies that provide for the safety and welfare of pupils while at school" with the exception of "otherwise provided by law", state law does "otherwise provide" by generally prohibiting the possession of firearms on school property but then expressly exempting CPL holders from this prohibition, thereby permitting licensed individuals to possess firearms on school property.
State requirements for obtaining a Concealed Pistol License in the State of Michigan
1. Be at least 21 years of age
2. Be a citizen of the United States or an alien lawfully admitted into the United States
3. Be a resident of the State of Michigan for at least 6 months prior to application. An applicant is a state resident if one of the following applies. The applicant possesses a valid, lawfully obtained Michigan driver's license or state identification card. The applicant is lawfully registered to vote in Michigan. The applicant is on active duty status with the United States Armed Forces and stationed outside of Michigan, but Michigan is the home on record. The applicant is on active duty status with the United States Armed Forces and is permanently stationed in Michigan, but the home of record is another state.
4. Have successfully completed a pistol safety training course
5. Not be subject to the following. An order requiring involuntary hospitalization or alternative treatment. An order finding legal incapacitation. A finding not guilty by reason of insanity.
6. Not to be subject to a conditional bond release prohibiting the possession of a firearm
7. Not be subject to a Personal Protection Order (PPO)
8. Not be prohibited from possessing, using, transporting, selling, carrying, shipping, receiving, or distributing a firearm under MCL 750.224f
9. Have never been convicted of a felony in Michigan or elsewhere
10. Have no felony charges pending in Michigan or elsewhere
11. Have not been dishonorably-discharged from the United States Armed Forces
12. Have not been convicted of one of the following misdemeanors in the last eight years immediately-preceding the date of application: Failing to stop when involved in a personal injury accident, MCL 257.617a, Operating while intoxicated, seconded offense, MCL 257.625(9)(b), Drunk driving, commercial vehicle, MCL 257.625m(4), Reckless driving, MCL 257.626
13. Have not been convicted of one of the following misdemeanor in the three years immediately preceding the date of application: Operating under the influence, MCL 257.625, Embezzlement, MCL 750.174, Larceny MCL 750.365, Malicious destruction of stolen property, MCL 750.377a, Second degree retail fraud, MCL 750.356d
14. Have not been found guilty of any crime and has not offered a plea of not guilty of, or been acquitted of, any crime by any reason of insanity
15. Have never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to a mental treatment
16. Not have a diagnosed mental illness at the time the application is made that includes an assessment that the individual presents a danger to himself or herself or to another, regardless of whether he or she is receiving treatment for that illness
17. Not be under a court order of legal incapacity in this State or elsewhere
18. Not be detrimental to the safety of his or her self or any other person
- As issued by the Michigan State Police "Concealed Pistol License Guide" RI-012 (02/2009)
A pistol is subject to immediate seizure if the CPL permit holder is carrying a concealed pistol in a "pistol-free" area. Open carry with a CPL in state defined "pistol-free" areas is legal. Please refer to Michigan AG opinion No. 7097 and Michigan State Police Legal Update #86.