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Michigan
Firearms Laws FAQ's | Other Firearms FAQ's |
Federal Firearms Laws FAQ's |
Federal Firearms Dealer FAQ's
What are the requirements to receive a concealed
pistol permit?
MCL 28.425b Please select the below
website for an outlined description. Please see:
Requirements to Obtain a Permit
Is my CCW permit issued before July 1, 2001 still valid? If so, once it expires, how do I renew? Yes. It is valid until its expiration or the authority to carry a concealed pistol under that license is otherwise terminated. If it is a restricted license you must continue to abide by those restrictions. However, after July 1, 2001, all persons licensed to carry a concealed pistol in Michigan must comply with provisions in the new CCW law including but not limited to prohibitions against carrying in a "pistol free" area and the requirements listed in Encounters with Police.
MCL 28.425l Please see: Permit Renewal for an outlined description for renewal procedures.
What must a CCW permit holder do when "stopped" by
police?
Please See:
Encounters with Police.
Are there any places where I may not carry a
concealed pistol?
MCL 28.425o Anyone licensed to carry a concealed pistol from Michigan or
another state shall not carry a concealed pistol in any of the pistol free
zones. For a complete list, please see:
Pistol Free Areas.
Under Federal law, firearms are also
restricted in federal facilities. A federal facility means "a building or part
thereof owned or leased by the federal government, where federal employees are
regularly present for the purpose of performing their official duties." This
includes facilities such as post offices and federal courts.
When may a concealed pistol be seized?
28.425g. Pistol subject to seizure and forfeiture.
Sec. 5g. A pistol carried in violation of this act is subject to seizure and
forfeiture in the same manner that property is subject to seizure and
forfeiture under sections 4701 to 4709 of the revised judicature act of 961,
1961 PA 236, MCL 600.4701 to 600.4709. This section does not apply if the
violation is a state civil infraction under section 5f unless the individual
fails to present his or her license within the 45-day period described in that
section. MCL 28.421 sec.
Is a permit to carry a concealed pistol issued by
another state valid in Michigan?
Please see:
Reciprocity
If I do not have a CCW permit, may I transport my
pistol in a motor vehicle?
A person is now permitted to
transport a pistol for a lawful purpose if the owner or occupant of the
vehicle is the registered owner of the firearm and the pistol is unloaded and
in a closed case in the trunk of the vehicle. If the vehicle does not have a
trunk, the pistol may be in the passenger compartment of the vehicle unloaded
and inaccessible to the occupants of the vehicle.
The law defines ‘lawful purpose’ as:
- While en route to or from a hunting or target shooting area.
- While transporting a pistol to or from home or place of business and a place of repair.
- While moving goods from one place of residence or business to another place of residence or business.
- While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol.
- While en route to or from home or place of business to a gun show or place of purchase or sale.
- While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance
I work as a security guard. Does my profession
entitle me to carry a concealed pistol without a license in Michigan as
required by my employer?
MCL 750.227 No. You can only carry a pistol while on duty on the
premises of your employer and only if it is exposed. If you wish to
carry a pistol concealed, you must obtain a concealed pistol license through
the county gun board. 28.425n(2)b This does not prohibit an employer from
prohibiting the carrying of the concealed pistol while in the course of his or
her employment with that employer.
Are there any fees for the following Michigan
forms:
License to Purchase: MCL 28.423 was repealed by PA 381 of 2000
eliminating the $5 processing fee for obtaining a License to Purchase.
Safety Inspection Certificate (registration): MCL 28.429 There is no
charge for the Safety Inspection Certificate.
License to Carry a Concealed Pistol: MCL 28.425b(5) The application
fee is $105 payable to the county clerk at the time the application is filed.
A local police agency may charge an additional fee up to $15 for
fingerprinting costs.
Does my valid Concealed Pistol License
allow me to carry a concealed pistol in a state park?
Attorney General’s opinion 7123 states a person licensed to carry a concealed
pistol may possess a pistol while hiking or camping within a state park
provided that the pistol is not loaded. A person licensed to carry a
concealed pistol may possess a loaded pistol within a state park only during
established hunting seasons on lands designated open to hunting or at a target
range established by Michigan DNR. You are subject to all DNR rules and
regulations.
Do I need a concealed pistol permit to carry my
pistols while walking through the woods near my cabin in Michigan? If not, are
there any restrictions on how or where the gun is carried?
MCL 28.422 No license is needed to carry a pistol
as long as it is exposed. However, should a person cover the pistol during
inclement weather with a jacket or coat or get into a vehicle, the pistol
would be concealed, and the carrier would place himself in jeopardy unless he
possessed a concealed pistol permit. Per Attorney General’s opinion #3158
dated February 14, 1945, a holster, in plain view, is not considered
concealed. Department of Natural Resources regulations require a person to
have a valid Michigan hunting license if in an area inhabited by wildlife.
I have a replica of an antique pistol. Is it
necessary that this pistol be registered in Michigan? Is it necessary that I
obtain a Michigan Concealed Pistols License?
MCL 28.429 The pistol does not have to be registered if it is kept
solely as a curio or relic and not made for modern ammunition.
If carried or used in any other manner, you must complete both a License to
Purchase and Safety Inspection Certificate (registration) and the pistol would
be subject to all Concealed Pistol Licensing laws. Black powder and
muzzle-loading pistols are considered firearms per Michigan law. However,
since they are not made for modern ammunition, they would fall under this
exemption. If a black powder or muzzle-loading pistol is going to be used for
hunting, target purposes, or going to be fired in any manner, all applicable
forms must be completed.
How old do I have to be in order to have a pistol
registered in my name in Michigan?
MCL 28.422 & 28.429 Eighteen (18) years of age. However, Federal law
prohibits a federally licensed firearms dealer from selling a pistol to anyone
under the age of twenty-one (21).
How old do I have to be in order to apply for a
concealed pistol permit? MCL
28.421 Twenty-one (21) years of age.
I lost my Michigan pistol registration (Safety
Inspection Certificate). How do I go about getting another one?
MCL 28.429 You should contact your local law
enforcement agency, where you currently reside, and request they re-register
your pistol. Confirmation of prior registration can be made by that agency
with the Michigan State Police, Firearms Records Unit, in Lansing. Another
corresponding License to Purchase must be completed, unless you have a valid
Concealed Pistol License issued after July 1, 2001.
My pistol, along with the Michigan
registration (Safety Inspection Certificate) and my Michigan Concealed Pistols
License, were stolen and I need to provide my insurance company and the police
agency with the description of my gun, what should I do?
You can request the information through the
Firearms Record Unit, Michigan State Police, 7150 Harris Drive, Lansing, MI
48913.
In Michigan, what is a License to Purchase
and is one needed in every case where a pistol is acquired?
MCL 28.422 A License to Purchase is a
license required prior to acquisition by purchase or gift. The important part
of the License to Purchase is the affidavit signed by the purchaser swearing
to their own qualifications. A License to Purchase is not needed for anyone
with a valid Concealed Pistol License issued after July 1, 2001, for firearms
dealers purchasing from wholesalers, or for relics, curios, antiques, etc.,
not made for modern ammunition but kept solely as a curio or relic.
What are the steps necessary to purchase and
legally possess a pistol in Michigan without a concealed pistol license?
MCL 28.422 & MCL 28.429 The
prospective purchaser must successfully pass (70%) a basic pistol safety
questionnaire and obtain a License to Purchase, which is valid for 10 days,
from the local law enforcement agency. The purchaser must sign a notarized
sworn statement that they meet the Michigan qualifications to purchase/obtain
a pistol. At the time of the purchase, the purchaser and the seller complete
the form. The License to Purchase, along with the pistol, must be returned to
the local law enforcement agency within 10 days to obtain a Safety Inspection
Certificate (registration).
I was arrested for making threats against my
wife. As part of my probation the judge ordered the gun turned over to the
state police. Can it be returned to me, and, if so, when can I claim it?
MCL 750.239 The statute requires
weapons carried, possessed or used contrary to the Concealed Weapons Act to be
forfeited to the Director of the Department of State Police. Prior to
disposition, the forfeited weapons are retained for a reasonable length of
time pending any possible appeal or litigation. There are no provisions in the
act for any other disposition.
In Michigan, can I carry a self-defense spray in my car or on my person for protection?
MCL 750.224d Yes, but only if it is either:
In Michigan, can I carry tear gas or mace ("CN
gas") in my car or on my person for protection?
MCL 750.224d No, under the statute and according to
an Attorney General’s opinion, a private citizen cannot possess tear gas or
mace.
I am on leave from military service. Does
this exempt me from having to register the pistols I brought with me to
Michigan? MCL 28.422 No, you
have 30 days in which to pass the basic pistol safety questionnaire and obtain
a License to Purchase after your arrival into the state. You then have ten
days in which to present the pistol for a Safety Inspection Certificate
(registration).
My uncle had a .357 magnum revolver
registered in his name when he died. My brother has had custody of the gun but
now wants to give it to me. What procedure do I follow to gain legal
possession of this gun in Michigan, since my uncle obviously cannot sign it
over to me? MCL 28.422
Michigan statutes provide for the personal representative of the estate or
next of kin having authority to dispose of the pistol to sign the License to
Purchase as the seller.
I am giving my registered pistols to my son
who lives in another state. How do I get the Michigan Safety Inspection
Certificates out of my name?
There are no provisions in the statute; however, send a letter to the Michigan
State Police, Firearms Records Unit, 7150 Harris Drive, Lansing, Michigan
48913, advising of the transaction. The letter must include a description of
the pistols, your son’s name and address, and the date of transaction in order
for the Firearms Records Unit to update their records. Your son must comply
with the Weapons Laws of his own state.
I have just moved to Michigan from another
state. How much time do I have to register my pistols?
MCL 28.422 & MCL 28.429 Upon establishing legal
residency, you should immediately contact your local law enforcement agency,
pass the basic safety questionnaire, and complete both a License to Purchase
and Safety Inspection Certificate.
Do rifles or shotguns with
collapsible/folding stocks have to be registered in Michigan?
MCL 750.222 Yes, provided the rifle or shotgun is
30 inches or less in overall length with the stock collapsed/folded but at
least 26 inches and the barrel length is at least 16 inches and 18 inches
respectively. Attorney General’s opinion #6280: if the firearm is less than
26 inches in overall length or the barrel is less than 16 or 18 inches
respectively, the firearm is considered a short-barreled rifle or shotgun and
is illegal to possess. MCL 750.224d There is an exception for
short-barreled shotguns and short-barreled rifles which the Federal Bureau of
Alcohol, Tobacco and Firearms has found to be a curio, relic, antique, museum
piece, or collector’s item not likely to be used as a weapon. The possessor
must comply with Section 2 (License to Purchase) and Section 9 (Safety
Inspection Certificate/registration) of Act 372.
What are the requirements or criteria that
cause weapons to be forfeited to the State of Michigan?
MCL 750.239 Any pistol, weapon or device possessed, carried or used contrary
to the Concealed Weapons Act and/or Penal Code requires forfeiture to the
Director of the Department of State Police. This includes shotguns, rifles,
knives, clubs, or any article used as a weapon.
I recently purchased a double-edged survival
knife. Does Michigan law allow me to carry this in my vehicle?
MCL 750.227 No. A dagger, dirk, stiletto,
or double-edged non-folding stabbing instrument of any length, or any other
dangerous weapon, except a hunting knife adapted and carried as such, cannot
be carried concealed on or about a person, or whether concealed or otherwise
in any vehicle operated or occupied by the person, except in their own home,
place of business or on other land possessed by the person.
Is it illegal to have a knife with a blade
over 3 inches in my possession? MCL
750.226 No. Michigan law specifies that a person, with intent to use the
knife unlawfully against another, shall not go armed with a knife having a
blade over 3 inches in length.
I am an out-of-state resident. Can I legally
hunt deer with a pistol in Michigan?
MCL 750.231a If you have a license to carry a
concealed pistol issued by another state, you may qualify to possess a pistol
while hunting depending on the license restrictions and providing you are also
in possession of a valid Michigan non-resident hunting license. You must
transport the pistol, while en route to or from a hunting area, unloaded, in a
wrapper or container, and locked in the trunk of the motor vehicle. If the
vehicle has no trunk, the pistol must be unloaded in a wrapper or container in
an area of the motor vehicle not readily accessible to the occupants of the
vehicle. For further questions regarding firearms issued as they relate to
hunting see:
http://midnr.custhelp.com/cgi-bin/MiDNR.cfg/php/enduser/std_alp.php.
Is a flare gun used as a signaling device on
a watercraft required to be registered in Michigan?
MCL 28.432b and 750.231c, No.
Does a person have to be a United States
citizen in order to purchase a pistol? Although MCL 28.422 states a
person must be a citizen of the United States to purchase a pistol, the
Michigan Court of Appeals ruled this as unconstitutional. Per Federal law, you
must be a legal resident alien, having resided in this state for 90 days.
Do paintball and pellet pistols have to be
registered? MCL 28.421 It has been determined that paintball pistols,
as they are currently being manufactured, do not propel a dangerous
projectile, and therefore are not considered firearms. Although, there is an
occasional misconception that pellet pistols only require registration if they
are over .177 caliber, that caliber designation only applies to guns made
exclusively for propelling BB's. A pellet pistol, does fall under the
definition of a firearm, and is subject to all License to Purchase, Safety
Inspection Certificate and Concealed Pistol License requirements.
Is it possible to have my felony record from
20 years ago cleared so I can purchase a firearm? MCL 780.621 allows
a person to apply to have their felony conviction set-aside if it is their
only conviction. If/when the set-aside is granted, you would be eligible to
purchase or possess a firearm. MCL 750.224f If the felony conviction was
"non-specified", you would be eligible to possess a firearm eight years after
the date of conviction or confinement and 3 years after release from probation
or parole, whichever is the later date, if that date is before July 1, 2001.
If the date is after July 1, 2001, only a set-aside, expungement, or pardon
would allow you to possess a firearm. If the felony conviction was
"specified", you must either have been granted a restoration of your firearms
rights by your local county gun board prior to July 1, 2001, or have a
set-aside, expungement or pardon. A "specified" felony is one in which 1 or
more of following circumstances exist: An element of that felony is the use,
attempted use, or threatened use of physical force against the person or
property of another, or that by its nature, involves a substantial risk that
physical force against the person or property of another may be used in the
course of committing the offense. An element of that felony is the unlawful
manufacture, possession, importation, exportation, distribution, or dispensing
of a controlled substance. An element of that felony is the unlawful
possession or distribution of a firearm. An element of that felony is the
unlawful use of an explosive. The felony is burglary of an occupied dwelling,
or breaking and entering an occupied dwelling, or arson.
There has been a personal protection order
issued against me. Does that prohibit me from buying any firearm? Does it
affect the guns that I already own? MCL 28.422 & MCL 28.425b Michigan
law prohibits you from obtaining a Concealed Pistol License and purchasing a
pistol during the time the PPO is active and, if the judge included it in the
order, could prohibit you from purchasing any firearm. However, federally you
are prohibited from purchasing or possessing ANY firearm, even if the judge
did not include that in the order. Once the order is expired or cancelled, it
does not prohibit you from purchasing or possessing a firearm.
Is there anything that prohibits possession
of Ninja-type sticks, brass knuckles or billy clubs? MCL 750.224
prohibits the manufacture, sale, offering for sale or possession of a
blackjack, billy, metallic knuckles, sand club, sand bag or bludgeon. It does
not specifically list Ninja-type sticks. However, they could be considered a
dangerous weapon, depending on the use.
Is it okay if I loan my pistol to a friend to go target shooting? MCL 28.429 Although the word "loan" was taken out of the definition of seller and purchaser, the safety inspection section of the statutes did not change. That law requires that anyone that owns or comes into possession of a pistol must present it to his or her local police agency for safety inspection. Failure to have the pistol safety inspected is a misdemeanor.
Who can I contact with questions concerning
federal regulations on pistols? Bureau of Alcohol, Tobacco, and
Firearms, Area Supervisor, Compliance, 1155 Brewery Park Boulevard, Suite
300A, Detroit, Michigan 48207-2602. Phone: (313) 259-8050.
I am moving to California. I have a pistol
registered in my name in Michigan. Is it legal for me to carry this gun in the
car with me to my new location? The May 19, 1986, revision of
the Federal Gun Control Act of 1968 now allows for transportation of pistols
from one state to another providing the pistol is legally possessed in the
state of origin, and possession is permitted in the state of destination. It
must be transported unloaded and in a locked container inaccessible to the
occupants.
My father-in-law, who lives in Georgia, has
two firearms which he wants to give me. Can I legally go to Georgia and bring
the guns back to Michigan? No. The Federal Gun Control Act of 1968
generally prohibits the transportation into or receipt in the state where a
person resides of a firearm obtained outside of that state. The transfer of
the firearms would be lawful if your father-in-law sends the firearms via
common carrier (such as UPS) to a licensed firearms dealer in Michigan. The
Michigan firearms dealer can then transfer the firearms to you providing you
meet all statutory requirements. If the firearm is a pistol, a License to
Purchase or valid Concealed Pistol License issued after July 1, 2001 is
required.
I have a federal license to collect curios
and relics. Can I legally possess a fully-automatic firearm in Michigan?
Under the Federal Gun Control Act, individuals may possess only those
fully-automatic firearms which were manufactured before May 19, 1986.
MCL 750.224 Yes, but only if the firearm is classified under federal
statutes as a curio or relic. If the fully-automatic firearm is a pistol, then
you must obtain a License to Purchase and present the pistol for a Safety
Inspection Certificate.
Is it okay if I have a pistol with a 15 round clip? Federal law 18USC Sec 922 effective September 30, 1994 prohibits an individual from having a firearm with a clip holding over 10 rounds. However, if the clip was manufactured prior to this date, it is legal to possess. All clips made after this date must be stamped "For Law Enforcement Purposes Only". If it is not stamped as such, it is assumed that the clip was made prior to the ban, and is legal to own, possess, buy or sell to a private individual.
Are gun dealers in Michigan licensed; and if
so, who licenses them? Yes, by the U.S. Treasury Department, Bureau
of Alcohol Tobacco and Firearms. Michigan has no law specifically for license
dealers; however, dealers must obtain a Michigan Sales Tax License and comply
with Michigan License to Purchase requirements.
I am a firearms dealer in Michigan. Is it
necessary for me to forward a report to the State Police for each pistol I
purchase or take in on trade? MCL 28.422 Yes. A Dealer’s
License to Purchase must be obtained from your local law enforcement agency
for these transactions. The State Police copy should be returned to the issued
agency along with their copy. The only time a License to Purchase is not
required to be transacted for pistols is when purchasing from a wholesaler.
In Michigan, can I as a licensed Federal Firearms Dealer, legally transport pistols which I acquire through purchase or trade without a Michigan Concealed Pistols License based on possession of the federal license?
MCL 28.432a Only to and from the place of purchase to place of business. The pistol may be transported unloaded in a wrapper or container in the trunk of the vehicle. The pistol may be transported unloaded in a wrapper or container in the passenger compartment of a vehicle which does not have a trunk if it is not readily accessible to the occupants.
Per U.S. Gun Control Act, Part 178 of Title 27, bear
in mind the federal license confers no right or privilege to conduct business
contrary to state law or other law. The holder of a federal license is not by
reason of such a license, immune from punishment in violation of the
provisions of any state law or other law.
I have a Class III Federal License to sell
certain types of fully-automatic pistols and machine guns. Can I legally sell
these firearms in Michigan?
Under the National Firearms Act, only those firearms which have been
previously registered in the National Firearms Register and Transfer Record
maintained by the Bureau of Alcohol, Tobacco and Firearms may be lawfully
transferred to a person who is qualified to receive such firearms.