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#Michigan state laws

Permits Michigan Does Not Recognize

Laws on Purchase, Possession and Carrying of Firearms

Antiques and Replicas

Handguns kept solely for the purpose of display, as relics, curios, or antiques not made for modern ammunition or permanently deactivated are exempt from the registration and sale provisions.

An antique firearm is defined as:

Carrying

It is unlawful to carry a handgun concealed on or about one’s person or concealed or openly in a vehicle without a license to carry a concealed pistol.

A Michigan license is not required:

To transport a pistol unloaded and in a container in a trunk of a vehicle or, if the vehicle has no trunk, the pistol is in a container and is not readily accessible to the occupants of the vehicle, provided that the pistol is being transported for a lawful purpose. To carry in one’s dwelling house or place of business or on one’s own land. Carrying an antique firearm, unloaded and in a container in the trunk of a vehicle. When a person who is licensed to carry a concealed pistol in the state of his residence, except where the pistol is carried in nonconformance with a restriction appearing on the license. When a person is a law enforcement officer.

In order to transport or possess rifles and shotguns in a motor vehicle, Michigan law requires that they be unloaded and be one or more of the following: broken down, enclosed in a case, carried in the trunk of the vehicle, or inaccessible from the interior of the vehicle.

An application for a license to carry a concealed pistol must be made under oath, in the presence of the clerk of the county of the applicant’s residence.  The applicant must submit a passport quality photograph.  In addition, the applicant must have two sets of fingerprints made by the county sheriff, and submit these with the application. The sheriff may charge up to fifteen ($15.00) dollars for the fingerprints.  The application fee is one hundred five ($105.00) dollars.  If the applicant is not a prohibited person, the county concealed weapon licensing board shall issue the license within forty-five (45) days after the receipt of the fingerprint analysis.  The license is valid until the applicant’s date of birth that falls not less than 4 years or more than 5 years after the license is issued or renewed.

A person who is not a Michigan resident, but who is licensed in the state of his residence, may carry in Michigan under the same conditions as one licensed in Michigan.  A licensed person may not carry while under the influence of alcohol.  It is important to understand that this means, for all practical purposes, any detectable alcohol at all.  That is, it applies a standard far stricter than that for driving under the influence.  A person who has consumed any alcoholic beverage, however small the amount, should not carry.

It is unlawful to carry a concealed pistol in a place of worship, court, school, the classroom or dormitory room of a college or university, hospital, sports arena, casino, an entertainment facility which seats more than 2,500 people, a dining room or bar which is licensed to serve alcohol, or day care center.  A parent or guardian is not precluded from carrying in a vehicle if dropping off or picking up a student at school.  It is lawful to carry concealed in a place of worship with the permission of the presiding officials of that place of worship.

State law includes a long list of disqualifying factors that will exclude a person from obtaining the concealed pistol license.  A complete list and all details for applying can be found at the Michigan State Police website:  http://www.michigan.gov/msp/

Miscellaneous

Michigan provides a two-year mandatory prison term for any felony committed by a person carrying or possessing a firearm. This sentence is in addition to the sentence imposed for committing the felony and must be served consecutively. The person subject to this provision “shall not be eligible for parole or probation during the mandatory term.”

It is unlawful to willfully alter, remove, or obliterate the serial number, maker’s name, or “other mark of identity” on any firearm.

It is unlawful to intentionally point, even without malice, any firearm at another person.

It is unlawful to set any spring gun or other device operating by the firing of gunpowder or any other explosive.

It is unlawful to possess or use any firearm while under the influence of liquor or any exhilarating or stupefying drug.

It is unlawful to recklessly or heedlessly or willfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others.

Pellet guns are considered firearms in Michigan and thus are regulated by the above provisions. A pellet handgun must be registered and requires a license to purchase. In addition, a license to carry must be obtained to carry concealed or in a vehicle; if it has no serial number, the gun must be taken to the State Police who will stamp a number on the weapon. No person under 18 years of age may possess or use a BB gun beyond the yard of his home unless accompanied by a person over 18.

Units of local government are prohibited from imposing certain restrictions on firearms and ammunition.

Theft of a firearm must be reported to police within 5 days after discovery.

Preemption

All regulation of firearms and ammunition is reserved to the state legislature.  No local unit of government may regulate firearms or ammunition unless it is expressly declared in state law.