Michigan Concealed Carry FAQ

This FAQ addresses the questions Michigan CPL applicants and instructors ask most often. Answers cite the operative Michigan Compiled Laws (MCL). The Michigan Legislature's "Firearms Laws of Michigan" PDF is the controlling reference for any close question, and the statute text itself governs over any summary.

Eligibility

Q: How old do I have to be, and do I have to live in Michigan?

You must be at least 21 years old and a Michigan resident under MCL 28.425b(7). Active-duty military stationed in Michigan, or active-duty military stationed elsewhere whose home of record is Michigan, may apply as residents. New residents who hold a valid concealed carry license from another state may apply without satisfying the usual six-month residency window.

Q: Does a felony conviction disqualify me from getting a CPL?

Yes. Under MCL 28.425b(7)(f), a county clerk shall issue a CPL only to applicants who have never been convicted of a felony, and a felony conviction (or a pending felony charge) is a permanent statutory disqualifier in the absence of a court order setting the conviction aside. Certain misdemeanors also block issuance for either three or eight years depending on the offense, under MCL 28.425b(7)(h) and (i). NICS and LEIN checks confirm federal and state prohibitor status before the clerk issues the license.

Important - federal Lautenberg ban: A misdemeanor "crime of domestic violence" triggers a lifetime federal firearms prohibition under 18 USC 922(g)(9) (the Lautenberg Amendment). Because the CPL background check includes NICS, a federal DV-misdemeanor conviction permanently disqualifies you regardless of Michigan's 8-year window, unless the conviction is expunged or set aside or your firearm rights are restored under federal law.

Q: Can a non-resident get a Michigan CPL?

Generally no. Michigan issues CPLs to residents only, with narrow exceptions for active-duty military stationed in Michigan and for service members whose home of record is Michigan. If you live in another state, you carry in Michigan under reciprocity using your home-state license, not a Michigan CPL.

Q: Are there people who can carry concealed in Michigan without a CPL?

Yes. MCL 28.432a exempts certain individuals from the CPL requirement, including regularly employed peace officers as defined in MCL 28.512 and members of the United States military acting in the line of duty. Separately, qualified retired law enforcement officers who meet the conditions of the federal Law Enforcement Officers Safety Act, 18 USC 926C, may carry under that federal authority, which is independent of the Michigan CPL-exemption statute, MCL 28.432a. Civilians who do not fit these categories must have a CPL to carry concealed.

A separate, narrow path exists for some non-residents under MCL 28.422(9). A qualifying non-resident may carry a pistol in Michigan without a Michigan license only if the person owns the pistol under MCL 28.422(9)(c) and is present in Michigan for 180 days or less with no intent to establish residency under MCL 28.422(9)(e), among the other conditions in that subsection. MCL 750.231a(1)(a) supplies the matching exception to the concealed-pistol prohibition in MCL 750.227(2) for individuals licensed to carry by another state.

Q: Does Michigan have permitless or "constitutional" carry?

No. Michigan does not recognize permitless concealed carry. To carry a concealed pistol in Michigan, you need a Michigan CPL or a valid concealed carry license from a state whose residents Michigan recognizes. Open carry by qualifying residents is a separate question (see below).

Application and Cost

Q: Where do I apply for my CPL?

You apply at the office of the county clerk in the county where you live. Michigan eliminated county gun boards on December 1, 2015 under MCL 28.425a, so the clerk now processes the application. The Michigan State Police verifies your record through LEIN and NICS and reports any statutory disqualification back to the clerk, but MSP does not issue or deny the license itself.

Q: What does the CPL cost?

A new application is $100 paid to the county clerk under MCL 28.425b(5), plus a $15 fingerprinting fee (total $115). Of the $100 application fee, the county treasurer deposits $26 in the county's concealed pistol licensing fund and forwards the balance to the state treasurer for the Michigan State Police. Renewal is $115 under MCL 28.425l, and of that the county treasurer deposits $36 in the county's concealed pistol licensing fund and forwards the balance to the Michigan State Police. Training tuition is set by the instructor and is not capped by statute.

Q: What is an emergency CPL, and how long is it good for?

A county clerk shall issue an emergency CPL under MCL 28.425a(4) to an individual who has obtained a personal protection order, or when a county sheriff finds clear and convincing evidence that the person's safety (or that of a family or household member) is endangered by the inability to immediately obtain a CPL. An emergency license is valid for 45 days or until the county clerk issues a notice of statutory disqualification, whichever occurs first. The emergency license becomes void if the holder does not complete a pistol training course under MCL 28.425j and apply for a regular CPL under MCL 28.425b within 10 business days after applying for the emergency license. A person may obtain only one emergency license in any five-year period.

Q: How long does the process take?

Once your fingerprints are taken, the county clerk has 45 days to issue either a CPL or a notice of statutory disqualification under MCL 28.425b. If the clerk misses that deadline, MCL 28.425b makes your fingerprinting receipt function as a CPL when you carry it together with your state-issued driver's license or ID, and it stays valid until the clerk issues the license or a notice of statutory disqualification.

Q: What happens if my application is denied?

If the county clerk issues a notice of statutory disqualification, fails to provide a required receipt, or fails to issue the license, you may appeal to the circuit court in the county where you live under MCL 28.425d. The court reviews the record for error, and if it finds the clerk's action clearly erroneous or arbitrary and capricious, it shall order the clerk to issue the license or receipt. The court may also order an entity to refund filing fees, or in an arbitrary-and-capricious case, actual costs and attorney fees, according to the degree of responsibility. Check current Michigan court rules and the appeal forms supplied with your application for filing deadlines and procedure.

Training

Q: How many hours of training do I need, and what does the course cover?

Michigan requires at least 8 total hours of instruction under MCL 28.425j, which must include at least 5 hours of classroom work and at least 3 hours on a live firing range. Range work requires firing a minimum of 30 rounds. Classroom topics include safe storage and handling, fundamentals of pistol shooting, firearms and the law (taught by an attorney or someone trained in deadly-force law), avoiding criminal attack, and Michigan-specific concealed carry law.

Q: How long is my training certificate good for?

Your certificate must be from training completed within five years before the date you apply. The instructor must be certified by the State of Michigan or by a recognized national or state firearms training organization, and the certificate must include the instructor's printed name, original signature, and the statement "This course complies with section 5j of 1927 PA 372."

Where You Can and Cannot Carry

Q: Where am I prohibited from carrying concealed even with a CPL?

MCL 28.425o lists the "pistol-free zones" (PFZs) for CPL holders carrying concealed: schools and school property; public or private child care, day care, child caring institutions, or child placing agencies; sports arenas and stadiums; bars and taverns licensed under the liquor control code where the primary source of income is the sale of liquor by the glass consumed on the premises; property or facilities owned or operated by a church or other place of worship (unless the presiding official permits carry); entertainment facilities with a seating capacity of 2,500 or more individuals; hospitals; and dormitories or classrooms of community colleges, colleges, or universities. Under MCL 28.425o(4), parking areas of these premises are statutorily EXCLUDED from the PFZ. MCL 28.425o(5) exempts certain individuals (for example, retired law enforcement officers and licensed on-duty security personnel).

Penalty schedule (MCL 28.425o(6)):

• 1st offense: state civil infraction, fine up to $500, 6-month CPL suspension
• 2nd offense: misdemeanor, fine up to $1,000, CPL revocation (the statute sets no jail term for a second offense)
• 3rd or subsequent offense: felony up to 4 years, fine up to $5,000, CPL revocation

Casinos are also off-limits. MCL 28.425o(3) makes it a violation to carry concealed in a Detroit-area commercial casino contrary to Michigan Gaming Control Board administrative rule R 432.1212. Tribal casinos are governed by individual tribal gaming compacts.

Court facilities are off-limits to weapons under Michigan Supreme Court Administrative Order 2001-1, which applies to the entire court facility, not only courtrooms while a case is being heard. (Discussed in Michigan Open Carry, Inc. v. Clio Area Sch. Dist., 318 Mich App 356 (2016).) Note that MCL 750.234d(1)(c) also lists a "court" as a place where firearm possession is prohibited, subject to the exceptions in that statute.

Q: Can I carry at a polling place or while voting?

No, in most voting locations. As amended by 2024 PA 157 and 2024 PA 158 (effective April 2, 2025), MCL 750.234d(3) prohibits firearm possession, while the polls are open on Election Day, in a polling place or within 100 feet of any entrance to the building under MCL 750.234d(3)(a); at an early voting site or within 100 feet of its entrance on any early voting day under MCL 750.234d(3)(b); within 100 feet of an absent voter ballot drop box for the 40 days before an election under MCL 750.234d(3)(c); and in a city or township clerk's office or staffed satellite office, or within 100 feet of its entrance, during the 40-day in-person absentee period under MCL 750.234d(3)(d). MCL 750.234d(6) separately prohibits possession in an absent voter counting place while ballots are being processed.

CPL holders carrying a concealed pistol are exempt from the subsection (3) locations under MCL 750.234d(4)(c). Lawful possession in your own residence or on your own private property, or by any other person who has permission to possess a firearm there, is exempt under MCL 750.234d(4)(b), and a firearm lawfully transported or possessed in a vehicle is exempt under MCL 750.234d(5). The CPL exemption does not extend to an absent voter counting place under subsection (6); only a uniformed law enforcement officer on duty is exempt there under MCL 750.234d(7). A violation of MCL 750.234d is a misdemeanor punishable by up to 90 days or a $100 fine, or both.

Q: Are "no weapons" signs at private businesses enforceable?

There is no Michigan statute making it a crime to walk past a posted "no weapons" sign while carrying a concealed pistol. The sign itself is not a criminal prohibition. However, the property owner or the owner's agent can ask you to leave, and if you refuse you can be charged with trespass under Michigan law. Treat posted signs as notice that you should not carry there.

Q: Can I carry in a restaurant that serves alcohol?

Yes, in the dining area of a restaurant that holds a liquor license, provided the establishment is not a bar or tavern where liquor by the glass is the primary source of income. Bars and taverns of that kind are pistol-free zones for CPL holders under MCL 28.425o(1)(d). Anywhere you carry, MCL 28.425k makes it unlawful to carry while under the influence, and it sets a 0.02 BAC floor for the lowest tier of violation, well below the driving limit. Acceptance of a Michigan CPL is implied consent to a chemical test on probable cause.

Q: Can I carry in state parks, state forests, and on state land?

Yes, with a valid CPL. MCL 324.504(8) addresses concealed carry on land under the jurisdiction of the Department of Natural Resources, such as state parks, state forests, and state-managed areas, for individuals licensed to carry. Federal land has its own rules: national parks and national forests generally follow state law for possession, but federal facilities such as visitor centers, ranger stations, and federal courthouses are off-limits regardless of state law.

In Your Vehicle

Q: Can I carry a pistol in my car if I have a CPL?

Yes. MCL 28.425c(3) authorizes a CPL holder to carry a pistol in a vehicle anywhere in Michigan, subject to the pistol-free zones in MCL 28.425o. MCL 750.231a(1)(a) provides the matching exception to the felony vehicle-carry prohibition in MCL 750.227(2). A CPL is the practical way to keep a loaded pistol in the passenger compartment.

Q: How must I transport a pistol in my car if I do not have a CPL?

Without a CPL, MCL 750.231a allows transport only when the pistol is unloaded, kept in a closed case designed for the storage of firearms, and either in the trunk of the vehicle or, in a vehicle without a trunk, not readily accessible to the occupants. The trip must also be for a lawful purpose, such as travel to or from a range, a hunting area, a gunsmith, a place of sale, or another place where the pistol may lawfully be used. Carrying a concealed pistol in the passenger compartment without a CPL violates MCL 750.227(2) and is charged as a felony.

Conduct While Carrying

Q: Do I have to tell a police officer I am carrying?

Yes, immediately, when stopped. MCL 28.425f(3) requires a Michigan CPL holder who is carrying a concealed pistol or a portable electro-muscular disruption device, and who is stopped by a peace officer, to immediately disclose that fact to the officer. A violation of this immediate-disclosure duty is a state civil infraction for both a first and a subsequent offense, not a misdemeanor, under MCL 28.425f(5). First offense: a $500 fine and a 6-month CPL suspension. A subsequent offense within 3 years of a prior offense: a $1,000 fine and CPL revocation. (Separately, MCL 28.425f(4) makes failing to have your CPL and ID in your possession, or failing to show them on request, a state civil infraction with a $100 fine.)

Q: Can I drink alcohol while carrying?

No. MCL 28.425k makes it unlawful to carry a concealed pistol while under the influence of alcoholic liquor or a controlled substance (as defined in MCL 333.7104), or while having a bodily alcohol content of 0.02 or more. The statute sets three tiers of violation under MCL 28.425k(2):

• 0.10 or more, or otherwise under the influence: a misdemeanor punishable by up to 93 days or a $100 fine, and the court shall order the CPL revoked.
• 0.08 to 0.10: a misdemeanor punishable by up to 93 days or a $100 fine, and the court shall order the CPL suspended for 3 years.
• 0.02 to 0.08: a state civil infraction with a $100 fine, and the court shall order the CPL suspended for 1 year.

The 0.02 floor is far stricter than the driving limit. Acceptance of a Michigan CPL constitutes implied consent to a chemical analysis on probable cause; refusing the test triggers a six-month CPL suspension.

Q: Is open carry legal in Michigan?

Open carry is generally legal for individuals who may lawfully possess a firearm and who carry a pistol that is registered to them through the Pistol Sales Record system, subject to other statutes. Many of the MCL 28.425o pistol-free zones apply only to concealed carry, so a CPL holder may openly carry in some locations where concealed carry is prohibited. Some statutes still apply regardless of how you carry, including the weapon-free school zone provisions and private property rules. The MCL 750.234d(1) listed premises (depository financial institutions, places of worship, courts, theaters, sports arenas, day care centers, hospitals, and liquor-licensed establishments) do not bind a CPL holder, because MCL 750.234d(2)(c) exempts a person licensed to carry a concealed pistol from that subsection (1) prohibition, whether carrying openly or concealed. The MCL 750.234d(3) voting-location prohibitions likewise have a CPL exemption under MCL 750.234d(4)(c).

Q: What counts as "brandishing" in Michigan?

MCL 750.234e prohibits willfully and knowingly brandishing a firearm in public, a misdemeanor punishable by up to 90 days or a $100 fine, or both. The lawful display of a firearm in self-defense or defense of another under the Self-Defense Act, 2006 PA 309, MCL 780.971 to 780.974, is exempt under MCL 750.234e(2). The Michigan Attorney General has explained that brandishing means pointing, waving about, or displaying a firearm in a threatening manner, and that carrying a holstered pistol openly and without threatening conduct is not brandishing.

Q: What are the rules for using force in self-defense?

Michigan recognizes both castle doctrine and no-duty-to-retreat (stand-your-ground) principles. Under MCL 780.972, a person who is not engaged in a crime and who has a legal right to be where they are may use deadly force without first retreating if they honestly and reasonably believe the force is necessary to prevent imminent death, great bodily harm, or sexual assault. Non-deadly force may be used on the same legal-presence and reasonable-belief standard. MCL 780.973 and MCL 780.974 preserve common-law self-defense rules; none of MCL 780.972 to 780.974 create civil immunity. Civil protection for justified self-defense is provided separately by MCL 600.2922b, and MCL 600.2922c awards actual attorney fees and costs to a prevailing self-defense defendant in a civil action.

Reciprocity, Renewal, and Lifecycle

Q: Whose out-of-state permits does Michigan recognize?

Michigan recognizes a valid concealed carry license issued to a resident by another state, the District of Columbia, or a United States territory. The non-resident must be a resident of the issuing state, must carry in compliance with any restrictions on the face of that license, and must follow Michigan's substantive carry rules (pistol-free zones, the BAC limit, and the duty to inform on a stop) while in Michigan.

Important: Michigan does not honor a non-resident permit issued by a state other than the carrier's actual state of residence. For example, a Utah or Florida non-resident permit held by a visitor whose home state is Illinois does not, by itself, provide reciprocity in Michigan. Out-of-state license holders carrying concealed in a vehicle rely on the exception in MCL 750.231a(1)(a) to the prohibition in MCL 750.227(2).

Q: Will my Michigan CPL be honored when I travel?

Many states honor a Michigan CPL, but reciprocity is governed by each destination state. The Michigan State Police directs Michigan CPL holders to confirm the destination state's rules before traveling and to comply with the destination state's concealed carry laws once there. Reciprocity arrangements change, so verify status close to the date of travel rather than relying on a list you printed months earlier.

Q: How does CPL renewal work?

Renewal is governed by MCL 28.425l. You may apply up to six months before expiration, and you remain eligible to renew if your CPL is current or has been expired for less than one year. The license is valid until the licensee's birthday that falls not less than four years and not more than five years after the issue or renewal date. The county clerk issues a renewal CPL or a notice of statutory disqualification within 30 days under MCL 28.425l(3). If you apply before expiration and the renewal has not yet been issued, MCL 28.425l(6) extends the current license, and under MCL 28.425l(3) and (7) the renewal receipt carried with your expired license serves as a CPL until the new license or a notice of statutory disqualification is issued.

Q: What if my CPL expired more than a year ago?

You must apply for a new CPL, including the full new-applicant training and fingerprint requirements. The waived educational requirement for renewal applicants under MCL 28.425l(9), which lets a renewal applicant certify to a 3-hour training review and 1 hour of range time instead of repeating the full course, is not available once the license has been expired for more than a year.

2023 Public Acts - What Changed February 13, 2024

Q: Do I need a background check to sell a firearm privately in Michigan?

Yes. As of February 13, 2024, Public Acts 17 and 18 of 2023 expanded the License-to-Purchase and background-check requirement to all firearm transfers in Michigan, not just handguns. Private sales of long guns now also require either a federal background check through an FFL or a Michigan License to Purchase, depending on the firearm type. The buyer must be eligible to possess firearms; transferring to a prohibited person is a felony.

Q: What are Michigan's safe-storage rules?

Effective February 13, 2024, Public Act 17 of 2023 (codified at MCL 28.429) sets safe-storage duties in two parts. Under MCL 28.429(1), an individual who stores or leaves a firearm unattended on premises under the individual's control, and who knows or reasonably should know that a minor is, or is likely to be, present on the premises, must store it in a locked box or container, or keep it unloaded and locked with a properly engaged locking device. Under MCL 28.429(2), an individual who enters onto another person's premises and leaves a firearm unattended there, and who knows or reasonably should know that a minor is, or is likely to be, present, must secure the firearm the same way (or secure and lock it in a vehicle before entering).

The criminal penalties apply when a violation results in a minor obtaining the firearm. Under MCL 28.429(3) it is a misdemeanor (up to 93 days or a $500 fine) if the minor possesses or exhibits the firearm in public or in a careless, reckless, or threatening manner. It is a felony if the minor discharges the firearm and causes injury (up to 5 years under MCL 28.429(4)), serious impairment of a body function (up to 10 years under MCL 28.429(5)), or death (up to 15 years under MCL 28.429(6)). MCL 28.429(7) lists exceptions, including a minor's supervised lawful use, lawful hunting, a minor who gains access through unlawful entry, and a minor acting in lawful self-defense.

Q: What is an Extreme Risk Protection Order (ERPO)?

Michigan's "red flag" law, Public Act 38 of 2023, codified at MCL 691.1801 et seq. and effective February 13, 2024, allows certain petitioners to ask a court to order an individual to surrender firearms when the individual can reasonably be expected in the near future to seriously physically injure themselves or another person by possessing a firearm. Under MCL 691.1805(2), the eligible petitioners are: a spouse, a former spouse, a person who has a child in common with the respondent, a person who has or had a dating relationship with the respondent, a current or former household member, a family member, a guardian, a law enforcement officer, and a health care provider (subject to confidentiality limits). A prosecuting attorney is not an eligible petitioner.

A court may issue an order after a hearing with both parties present under MCL 691.1807, or, on a higher clear-and-convincing-evidence showing, an ex parte (emergency) order without prior notice under MCL 691.1807(2). A restrained individual must generally surrender firearms within 24 hours under MCL 691.1809(1)(c). An order lasts one year and can be extended under MCL 691.1817. Under MCL 691.1819(1), refusing or failing to comply with an ERPO is a felony for every offense tier: a first offense is a felony punishable by up to 1 year or a $1,000 fine; a second offense is a felony punishable by up to 4 years or a $2,000 fine; and a third or subsequent offense is a felony punishable by up to 5 years or a $20,000 fine.

Other Common Questions

Q: Does my CPL exempt me from needing a License to Purchase?

A valid CPL generally exempts the holder from the License to Purchase (LTP) requirement under MCL 28.422. The exemption does not extend to interim documents that serve as a CPL, such as an emergency license issued under MCL 28.425a or a renewal receipt serving as a CPL under MCL 28.425l. A holder relying on one of those interim documents should confirm current LTP and background-check requirements before acquiring a handgun from a private seller.

Q: Can I own a suppressor or a machine gun in Michigan?

Suppressors are legal to possess in Michigan if you are licensed or otherwise lawfully approved to possess them under federal law administered by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Machine guns are prohibited under MCL 750.224 unless lawfully possessed and registered under federal law, consistent with the federal pre-May 19, 1986 cutoff in 18 USC 922(o). Unlawful possession of a prohibited weapon under MCL 750.224 is a felony punishable by up to five years.

These items are also regulated under the federal National Firearms Act (NFA). Under MCL 750.222, a "short-barreled rifle" is defined in subdivision (k) and a "short-barreled shotgun" in subdivision (l). Transporting an NFA item (a machine gun, short-barreled rifle, short-barreled shotgun, or destructive device) across state lines requires advance ATF authorization under 27 CFR 478.28. Under Public Law 119-21, the federal making and transfer tax is $200 for a machinegun or a destructive device and $0 otherwise, applied to calendar quarters beginning more than 90 days after July 4, 2025, so the first qualifying quarter is January 1, 2026.

Q: Are Tasers and stun guns legal?

A portable device that uses electro-muscular disruption technology (in practice, a TASER-brand device) is legal to purchase and possess in Michigan under MCL 750.224a only if the holder has a valid Michigan CPL or a recognized out-of-state CPL, the seller verified the buyer's identity and provided training on use, effects, and risks at the time of sale, and the device bears the statutory identification and tracking system that allows it to be traced to the buyer. In practice, only devices with the required tracking system qualify; generic consumer stun guns without that tracking system fall outside the statutory authorization. Use is limited to circumstances that would justify lawful physical force.

Q: How is self-defense spray (pepper spray) regulated?

Self-defense spray is regulated under MCL 750.224d. The statute permits a "self-defense spray or foam device" that contains not more than 18% oleoresin capsicum by concentration, or not more than 35 grams of any combination of orthochlorobenzalmalononitrile (CS) and inert ingredients. The limit is a concentration cap on the active ingredient, not a limit on the ounces of product. Reasonable use of a lawful device to protect against an unlawful threat is permitted; unlawful use carries the penalties set out in the statute.

Q: Where do I find the official law in writing?

The Michigan Legislature publishes the "Firearms Laws of Michigan" PDF on legislature.mi.gov under Publications. It is prepared under MCL 28.425a and reprints the Firearms Act, the relevant Penal Code sections, and selected materials. The Michigan State Police firearms page on michigan.gov/msp adds practical guidance, application forms, fingerprinting locations, and the online renewal portal. For close calls, read the statute itself rather than a summary; the operative text controls.

Castle Doctrine and Stand Your Ground Laws in Michigan

Michigan is a Castle Doctrine state and has a no-duty-to-retreat law (commonly called "Stand Your Ground"). When the conditions of the Self-Defense Act (MCL 780.971 to 780.974) are met, a person has no duty to retreat anywhere he or she has the legal right to be. Michigan also gives self-defenders a rebuttable presumption of reasonableness in certain break-in situations (MCL 780.951) and a separate statutory grant of civil immunity in the Revised Judicature Act (MCL 600.2922b).

A key point to understand up front: the no-duty-to-retreat rule and the civil immunity rule live in different statutes. The Self-Defense Act (MCL 780.971 to 780.974) removes the duty to retreat for criminal purposes and preserves the common law. It does not, by itself, create civil immunity. The civil immunity comes from MCL 600.2922b, and it is tied specifically to compliance with section 2 of the Self-Defense Act.

Use of Non-Deadly Force (MCL 780.972(2))

Under MCL 780.972(2), an individual who has not engaged and is not engaged in the commission of a crime at the time force is used may use force other than deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.

Use of Deadly Force (MCL 780.972(1))

Under MCL 780.972(1), an individual who has not engaged and is not engaged in the commission of a crime at the time deadly force is used may use deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if either of the following applies:

• The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual (MCL 780.972(1)(a)); or
• The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual (MCL 780.972(1)(b)).

Rebuttable Presumption in Break-In Situations (MCL 780.951)

Separately from the Self-Defense Act, the Presumption Regarding Self-Defense Act (2006 PA 311) creates a rebuttable presumption that helps a self-defender. Under MCL 780.951(1), it is a rebuttable presumption, in a civil or criminal case, that an individual who uses force under section 2 of the Self-Defense Act has an honest and reasonable belief that imminent death, sexual assault, or great bodily harm will occur, if both of the following apply:

• The person against whom force is used is in the process of breaking and entering a dwelling or business premises, is committing or has committed home invasion and is still present, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will (MCL 780.951(1)(a)); and
• The person using force honestly and reasonably believes that the other individual is engaging in that conduct (MCL 780.951(1)(b)).

MCL 780.951(2) lists circumstances in which this presumption does NOT apply, including where the person against whom force was used had a legal right to be in the dwelling, business premises, or vehicle (and no qualifying no-contact order existed); where the person removed or being removed is the actor's own child, grandchild, or someone in the actor's lawful custody or guardianship; where the person using force is committing a crime or using the premises to further a crime; where the person against whom force was used is a peace officer acting lawfully in the performance of official duties; and where the person against whom force was used is a spouse, former spouse, dating partner, co-parent, or current or former household resident and the person using force has a prior history of domestic violence as the aggressor. This presumption applies in both criminal and civil cases.

Civil Liability Protection (MCL 600.2922b and MCL 600.2922c)

Michigan provides a separate statutory civil immunity for justified self-defense in the Revised Judicature Act. Under MCL 600.2922b, an individual who uses deadly force or force other than deadly force in self-defense or in defense of another individual in compliance with section 2 of the Self-Defense Act is immune from civil liability for damages caused by that use of force to either of the following:

• The individual against whom the use of force is authorized (MCL 600.2922b(a)); and
• Any individual claiming damages arising out of injury to or the death of that person, based on his or her relationship to that person (MCL 600.2922b(b)).

The immunity in MCL 600.2922b is tied to compliance with section 2 of the Self-Defense Act (MCL 780.972). The statute does not extend this statutory immunity to force used only under the common law of self-defense.

MCL 600.2922c provides a fee-shifting remedy. Under that section, the court shall award the payment of actual attorney fees and costs to an individual who is sued for civil damages for allegedly using force against another individual if the court determines both that the individual used force in compliance with section 2 of the Self-Defense Act and that the individual is immune from civil liability under section 2922b. The statute conditions the award on that two-part finding. It does not use a general "prevailing party" standard and does not, on its face, name the party from whom the fees are recovered.

How the Self-Defense Act Treats the Common Law

The Self-Defense Act does not replace Michigan's common law of self-defense. Two sections preserve it:

• MCL 780.973 provides that, except as provided in section 2, the act does not modify the common law of Michigan in existence on October 1, 2006 regarding the duty to retreat before using force. In other words, outside the section 2 scenarios, the pre-existing common-law retreat rules continue to apply.
• MCL 780.974 provides that the act does not diminish an individual's right to use force in self-defense or defense of another as provided by the common law of Michigan in existence on October 1, 2006.

Neither MCL 780.973 nor MCL 780.974 creates civil immunity. They preserve common-law rules. The statutory civil immunity is found only in MCL 600.2922b.

Key Statutory References

The Self-Defense Act is a standalone act (2006 PA 309). It is not part of the Michigan Penal Code (MCL chapter 750). The rebuttable presumption and the civil immunity provisions live in separate acts.

• Self-Defense Act, MCL 780.971: Short title.
• Self-Defense Act, MCL 780.972: Use of deadly force and force other than deadly force by an individual not engaged in the commission of a crime; conditions; no duty to retreat. Subsection (1) governs deadly force; subsection (2) governs force other than deadly force.
• Self-Defense Act, MCL 780.973: Effect of the act on the common-law duty to retreat (preserves the common-law duty to retreat outside the section 2 scenarios).
• Self-Defense Act, MCL 780.974: Effect of the act on common-law self-defense rights (preserves pre-existing common-law rights to use force).
• MCL 780.951 (2006 PA 311): Rebuttable presumption regarding self-defense. Subsection (1) creates the presumption; subsection (2) lists when it does not apply.
• MCL 600.2922b (2006 PA 314): Statutory civil immunity for force used in compliance with section 2 of the Self-Defense Act.
• MCL 600.2922c (2006 PA 312): Award of actual attorney fees and costs where the court finds compliance with section 2 of the Self-Defense Act and immunity under section 2922b.

Important Conditions

1. The individual must not be engaged in the commission of a crime at the time force is used (MCL 780.972).
2. The individual must be in a place where they have the legal right to be (MCL 780.972).
3. The belief that force is necessary must be both honest and reasonable, a combined subjective and objective standard (MCL 780.972).
4. There is no duty to retreat before using deadly or non-deadly force, provided the above conditions are met (MCL 780.972).
5. Civil immunity is not automatic with any self-defense claim. It attaches only when the use of force complies with section 2 of the Self-Defense Act, and it is granted by MCL 600.2922b, not by the Self-Defense Act itself.

Michigan Transportation Laws for Firearms

This section explains how Michigan law treats firearms carried or stored in a vehicle. Different rules apply to pistols and to long guns, and different rules apply depending on whether the person holds a Michigan Concealed Pistol License (CPL). Every statute cited below was checked against the primary text of the Michigan Compiled Laws (MCL).

Transporting Pistols in Vehicles

Under MCL 750.227(2), a person shall not carry a pistol concealed on or about the person, or, whether concealed or otherwise, in a vehicle the person operates or occupies, without a license to carry the pistol as provided by law. A violation is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500 under MCL 750.227(3).

In practice, this means there is no general right to "open carry" a loaded pistol inside a vehicle. A person who is not licensed to carry a concealed pistol, and who is not otherwise exempt (for example, a police officer), and who transports a pistol in a vehicle to a place where the person intends to open carry, may violate MCL 750.227(2) unless the pistol is transported under one of the exceptions described below.

CPL Holders Transporting Pistols

A person with a valid Michigan CPL may carry a pistol in a vehicle, loaded or unloaded, concealed or non-concealed, without the unloaded-cased-in-trunk restrictions that apply to unlicensed transport. The CPL is the license referred to in MCL 750.227(2). CPL holders remain subject to any restrictions printed on the license and to the pistol-free zone rules in MCL 28.425o, discussed below.

Exceptions for Non-CPL Holders (MCL 750.231a)

MCL 750.231a(1) lists situations in which the felony prohibition in MCL 750.227(2) does not apply. The two exceptions that matter most for vehicle transport by a person who does not hold a CPL are MCL 750.231a(1)(d) and (e). Read together, these provisions allow a person to transport a pistol "for a lawful purpose" only if all of the following statutory conditions are met:

1. The pistol is licensed by the owner or occupant of the vehicle, in compliance with MCL 28.422 (the pistol-purchase license, sometimes called the registration or "Green Card"). The statute requires that the pistol be licensed by the owner or occupant; it does not require that the owner or occupant also own the pistol.
2. The pistol is unloaded.
3. The pistol is in a closed case designed for the storage of firearms.
4. The cased, unloaded pistol is carried in the trunk of the vehicle. If the vehicle has no trunk, the cased, unloaded pistol must be in the vehicle and not readily accessible to the occupants.

Note carefully what the statute does and does not say. MCL 750.231a uses the phrase "for a lawful purpose" but does not itself define that phrase with a list of approved destinations. The widely circulated list of destinations (a hunting or target area, a place of repair, moving a household or business, a law enforcement agency for a safety inspection, a gun show or place of sale, a public shooting range, public land where shooting is legal, or private property where a pistol may lawfully be used) comes from a Michigan State Police Legal Update, not from the text of MCL 750.231a. Those destinations are useful real-world examples of a lawful purpose, but they are guidance from a secondary source rather than an enumerated statutory definition. The conditions that actually control under the statute are the licensed-by-owner-or-occupant, unloaded, cased, and trunk-or-inaccessible requirements listed above.

Transporting Long Guns (Non-Pistol Firearms)

Two distinct Michigan statutes regulate the transport of non-pistol firearms (rifles, shotguns, muzzleloaders, and similar long guns) in vehicles. They have different scopes and different operative requirements, and a person may need to comply with both at the same time.

MCL 750.227c: Loaded Non-Pistol Firearm Prohibited in Any Mechanically-Propelled Vehicle

Under MCL 750.227c(1), except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat, a motor vehicle, an aircraft, a motorboat, or any other vehicle propelled by mechanical means either of the following:

• MCL 750.227c(1)(a): a firearm, other than a pistol, that is loaded.
• MCL 750.227c(1)(b): a pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber.

The operative requirement of this section is that the non-pistol firearm be unloaded. A person who violates MCL 750.227c is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500, or both, under MCL 750.227c(2).

MCL 750.227d: Stowage Rules for Motor Vehicles and Self-Propelled Land Vehicles

Under MCL 750.227d(1), except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle, or any self-propelled vehicle designed for land travel, a firearm other than a pistol, unless the firearm is unloaded and is one or more of the following:

1. Taken down.
2. Enclosed in a case.
3. Carried in the trunk of the vehicle.
4. Inaccessible from the interior of the vehicle.

The same rule applies to a pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber. A person who violates MCL 750.227d is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both, under MCL 750.227d(2).

How the Two Statutes Interact

• In an aircraft, motorboat, sailboat, or other mechanically-propelled vehicle that is not a motor vehicle or a self-propelled land vehicle, only MCL 750.227c applies. The non-pistol firearm must be unloaded, but the four stowage options of MCL 750.227d are not required.
• In a motor vehicle or a self-propelled land vehicle, both MCL 750.227c and MCL 750.227d apply. The firearm must be unloaded and must also satisfy at least one of the four stowage conditions in MCL 750.227d.

Pistol Records During Transport

Michigan uses a pistol-purchase licensing and records system. A person who is not a CPL holder generally obtains a license to purchase before acquiring a pistol, and the pistol-purchase license referenced in MCL 28.422 is the document tied to the lawful-purpose vehicle transport conditions in MCL 750.231a(1)(d)-(e).

• A person with a valid Michigan CPL is exempt from the separate license-to-purchase requirement under MCL 28.422a. MCL 28.422a sets out the conditions for that exemption. Under MCL 28.422a(2), when an exempt individual acquires a firearm the seller must complete a firearm sales record (the purchaser signs it), so a record is still created at the time of acquisition. The exemption is about not needing a separate purchase license, not about skipping the records process.
• Under MCL 28.432(1)(i), a person may carry, possess, use, or transport a pistol belonging to another individual only if both conditions are met: the other individual's possession of the pistol is itself authorized by law, and the person carrying it has obtained a CPL under MCL 28.425b or is exempt from licensure under MCL 28.432a. The borrowed-pistol rule is not unconditional. The lending owner must lawfully be allowed to possess the pistol in the first place.

Non-Resident Transportation Rules

A non-resident does not need a Michigan license to purchase a pistol if all of the conditions in MCL 28.422(9) are met:

1. MCL 28.422(9)(a): the individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
2. MCL 28.422(9)(b): the individual is in possession of that license.
3. MCL 28.422(9)(c): the individual is the owner of the pistol he or she possesses, carries, or transports.
4. MCL 28.422(9)(d): the individual possesses the pistol for a lawful purpose.
5. MCL 28.422(9)(e): the individual is in Michigan for a period of 180 days or less and does not intend to establish residency in this state.

The own-the-pistol condition in MCL 28.422(9)(c) and the 180-days-or-less condition in MCL 28.422(9)(e) are both required. A non-resident who does not own the pistol, or who is present for more than 180 days or intends to establish residency, does not qualify for this exemption.

When transporting a pistol in Michigan, a non-resident who relies on the MCL 28.422(9) exemption (rather than carrying under a concealed pistol license recognized by Michigan) must still comply with the unloaded, cased, trunk-or-inaccessible conditions of MCL 750.231a when the pistol is in a vehicle.

Non-Resident Concealed Carry (MCL 750.231a(1)(a); MCL 28.432a)

A separate path exists for a non-resident who holds a concealed pistol license. Under MCL 750.231a(1)(a), the felony prohibition in MCL 750.227(2) does not apply to a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence, except where the pistol is carried in nonconformance with a restriction appearing on the license. MCL 28.432a is the related licensure-exemption statute, and MCL 28.432a(h) addresses an individual licensed by another state.

Michigan recognizes a concealed pistol license only when it was issued by the holder's state of residence. If a person carries a license issued by a state where the person does not reside, Michigan does not recognize that license for concealed carry. A non-resident carrying under MCL 750.231a(1)(a) remains subject to any restrictions printed on the out-of-state license. The pistol-free zone restriction below is triggered by a separate statute: MCL 28.425o(1) applies to a person who is licensed under the act to carry a concealed pistol or who is exempt from licensure under MCL 28.432a(h). MCL 750.231a(1)(a) itself only lifts the MCL 750.227(2) vehicle-carry felony and does not by its own terms invoke the pistol-free zones. In practice the same out-of-state license holder is covered as an MCL 28.432a(h) person, so the pistol-free zones below apply.

Pistol-Free Zones for CPL Holders (MCL 28.425o)

Under MCL 28.425o(1), a person who is licensed to carry a concealed pistol, or who is exempt from licensure under MCL 28.432a(h), shall not carry a concealed pistol on the premises of any of the following (the parking areas of these places are excluded under MCL 28.425o):

• A school or school property. A parent or legal guardian of a student is not precluded from carrying a concealed pistol while in a vehicle on school property when dropping off or picking up the student (MCL 28.425o(1)(a)). "School" and "school property" are defined by reference to MCL 750.237a.
• A public or private child care center or day care center, child caring institution, or child placing agency.
• A sports arena or stadium.
• A bar or tavern licensed under the Michigan liquor control code where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises.
• A church, synagogue, mosque, temple, or other place of worship, unless the presiding official authorizes carrying a concealed pistol.
• An entertainment facility with a seating capacity of 2,500 or more that the individual knows or should know has that capacity.
• A hospital.
• A dormitory or classroom of a community college, college, or university.
• A casino, under MCL 28.425o(3), which incorporates R 432.1212 of the Michigan Administrative Code (Michigan Gaming Control and Revenue Act, MCL 432.201 to 432.226).

This statute restricts concealed carry only. A CPL holder may carry a non-concealed pistol in these areas unless another law prohibits it. The penalties in MCL 28.425o(6) are tiered:

• First violation: a state civil infraction with a fine of not more than $500, and the court orders the CPL suspended for 6 months (MCL 28.425o(6)(a)).
• Second violation: a misdemeanor with a fine of not more than $1,000, and the court orders the CPL revoked (MCL 28.425o(6)(b)).
• Third or subsequent violation: a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000, or both, and the court orders the CPL revoked (MCL 28.425o(6)(c)).

A list of statutory exceptions to the pistol-free zone rule appears in MCL 28.425o(5) and covers categories such as certain retired and active law enforcement officers, licensed security personnel, certain court personnel, and others.

Related Statutes

• MCL 750.227(2)-(3): felony to carry a pistol in a vehicle without a license; 5-year felony penalty.
• MCL 750.231a(1)(a): exception to MCL 750.227(2) for an out-of-state resident with a concealed pistol license issued by the resident's state.
• MCL 750.231a(1)(d)-(e): conditions for transporting a pistol for a lawful purpose without a CPL (licensed by the owner or occupant in compliance with MCL 28.422, unloaded, cased, in trunk or not readily accessible).
• MCL 750.227c: loaded non-pistol firearm prohibited in any mechanically-propelled vehicle; 2-year misdemeanor.
• MCL 750.227d: stowage rules for non-pistol firearms in a motor vehicle or self-propelled land vehicle; 90-day misdemeanor.
• MCL 28.422: pistol-purchase license; MCL 28.422(9) non-resident exemption (own the pistol; 180 days or less).
• MCL 28.422a: exemption from the license-to-purchase requirement (including for CPL holders) and firearm sales record duties.
• MCL 28.425b: license to carry a concealed pistol.
• MCL 28.425o: pistol-free zones for concealed carry and tiered penalties.
• MCL 28.432: situations where the pistol-purchase license requirement does not apply, including the borrowed-pistol rule in MCL 28.432(1)(i).
• MCL 28.432a: exemptions from CPL licensure, including out-of-state license holders (MCL 28.432a(h)).

Statutes change. Confirm the current text of any provision on the Michigan Legislature website before relying on it.

Michigan Weapon Restrictions for Concealed Carry

This section covers where you cannot carry a concealed pistol in Michigan, the conduct that is prohibited even when you hold a Concealed Pistol License (CPL), and the criminal and civil consequences that attach to each restriction. Every penalty below is keyed to the controlling statute. Where a CPL holder is treated differently from the general public, that is noted.

Prohibited Locations for Concealed Carry (CPL Holders)

Under MCL 28.425o, a person who has a CPL, or who is exempt from licensure under section 12a(h), is prohibited from carrying a concealed pistol on the premises of the following locations. "Premises" does not include the parking areas of these places (MCL 28.425o(4)):

1. A school or school property - except that a parent or legal guardian of a student is not precluded from carrying a concealed pistol while in a vehicle on school property when dropping the student off or picking the student up. "School" and "school property" have the meanings given in MCL 750.237a.
2. A public or private child care center or day care center, child caring institution, or child placing agency
3. A sports arena or stadium
4. A bar or tavern licensed under the Michigan Liquor Control Code where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises (this does not apply to an owner or employee of the business)
5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship - unless the presiding official or officials permit the carrying of a concealed pistol on that property or facility
6. An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has that capacity, or that posts a sign above each public entrance stating that capacity in letters not less than 1 inch high
7. A hospital
8. A dormitory or classroom of a community college, college, or university

MCL 28.425o(2) extends the same prohibition to carrying a portable electro-muscular disruption (EMD) device on these premises. MCL 28.425o(3) separately bars carrying a concealed pistol in a casino in violation of R 432.1212 of the Michigan Administrative Code.

The prohibitions in MCL 28.425o(1) and (2) do not apply to the categories of individuals listed in MCL 28.425o(5), including retired police officers, licensed on-premises security personnel, licensed private investigators, certain corrections officers, state court judges, court officers, and peace officers.

Penalties for Carrying in Prohibited Locations (MCL 28.425o(6))

Firearm Possession Prohibitions (Michigan Penal Code)

Under MCL 750.234d(1), a person is prohibited from possessing a firearm on the premises of:

• A depository financial institution or a subsidiary or affiliate of such an institution
• A church or other house of religious worship
• A court
• A theatre
• A sports arena
• A day care center
• A hospital
• An establishment licensed under the Michigan Liquor Control Code of 1998

Important exemption for CPL holders. Under MCL 750.234d(2)(c), this possession prohibition does not apply to a person licensed by Michigan or another state to carry a concealed weapon. The prohibition also does not apply to on-site security personnel, peace officers, or a person who possesses the firearm with the permission of the owner or the owner's agent (MCL 750.234d(2)(a), (b), (d)). Note the distinction: the broad MCL 28.425o list above restricts CPL holders, while MCL 750.234d expressly carves CPL holders out of its possession ban.

Election-Related Locations (MCL 750.234d(3))

MCL 750.234d(3) separately prohibits possessing a firearm at certain election locations:

• Polling places while the polls are open on an election day, or within 100 feet of any entrance to a building containing a polling place (MCL 750.234d(3)(a))
• Early voting sites on any day early voting is conducted, or within 100 feet of any entrance to a building containing an early voting site (MCL 750.234d(3)(b))
• Within 100 feet of an absent voter ballot drop box for the 40 days before an election (MCL 750.234d(3)(c))
• A city or township clerk's office or staffed satellite office, or within 100 feet of any entrance to such an office, during the in-person absentee voting period (MCL 750.234d(3)(d))

These election-location prohibitions do not apply to: a peace officer (MCL 750.234d(4)(a)); a person possessing a firearm in that person's own residence or on that person's own private property (MCL 750.234d(4)(b)); or a person carrying a concealed pistol who is licensed by this state or another state to carry a concealed pistol (MCL 750.234d(4)(c)). In other words, a CPL holder carrying concealed is exempt from the election-location prohibition and is not barred from the 100-foot zones described above.

A violation of MCL 750.234d is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both.

Brandishing Prohibition

Under MCL 750.234e(1), except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public. Per Michigan Attorney General Opinion No. 7101 (February 6, 2002), "brandishing" means waving, flourishing menacingly, or otherwise displaying a firearm in a threatening manner. Carrying a handgun in a holster in plain view does not constitute brandishing.

• Penalty (MCL 750.234e(3)): Misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100, or both.
• Exemptions (MCL 750.234e(2)):
  • (a) A peace officer lawfully performing his or her duties as a peace officer.
  • (b) A person lawfully acting in self-defense or defense of another under the Self-Defense Act, 2006 PA 309, MCL 780.971 to 780.974.

Carrying While Under the Influence

Under MCL 28.425k(1), acceptance of a Michigan CPL constitutes implied consent to submit to a chemical analysis under that section. MCL 28.425k(2) provides that an individual shall not carry a concealed pistol or EMD device while under the influence of alcoholic liquor or a controlled substance, or while having a prohibited bodily alcohol content (BAC). "Under the influence" is defined in MCL 28.425k(8)(c) as having one's ability to properly handle a pistol or to exercise clear judgment regarding its use "substantially and materially affected" by consumption of alcoholic liquor or a controlled substance.

BAC and Impairment Tiers (MCL 28.425k(2))

The statute sets three distinct tiers. They are not interchangeable, and there is no separate "visibly impaired" category in this statute (that standard belongs to Michigan's operating-while-intoxicated law, MCL 257.625, not to the carrying-under-the-influence statute):

Refusal of a chemical test. A peace officer with probable cause may require a chemical analysis of breath, blood, or urine (MCL 28.425k(4)). If a person refuses, the refusal is a state civil infraction with a $100 fine and a 6-month CPL suspension, and the officer may obtain a court order requiring the test (MCL 28.425k(5)(a)(i) and MCL 28.425k(7)).

This implied-consent requirement also applies to individuals listed in section 12a who are exempt from CPL requirements, including regularly employed police officers and nonresidents licensed by their state of residence (MCL 28.425k(1)).

A person who has any bodily alcohol content may still lawfully transport a pistol if it is unloaded and stored as described in MCL 28.425k(3), such as in the locked trunk, or in a locked compartment or container separated from the ammunition.

Felon-in-Possession Restrictions

Under MCL 750.224f(1), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in Michigan until the conditions below are met.

Duration of Prohibition

• Non-specified felony (MCL 750.224f(1)): The prohibition expires 3 years after all of the following exist: all fines for the violation are paid, all terms of imprisonment are served, and all conditions of probation or parole are completed.
• Specified felony (MCL 750.224f(2)): The prohibition lasts at least 5 years after all fines are paid, imprisonment is served, and probation or parole is completed, and firearm rights must additionally be restored by the circuit court under section 4 of 1927 PA 372, MCL 28.424.

Specified Felonies (MCL 750.224f(10)(d))

A "specified felony" is a felony in which one or more of the following exist:

• (i) An element is the use, attempted use, or threatened use of physical force against the person or property of another, or the felony 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
• (ii) An element is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance
• (iii) An element is the unlawful possession or distribution of a firearm
• (iv) An element is the unlawful use of an explosive
• (v) The felony is burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson

Restoration of Firearm Rights (MCL 28.424)

A person prohibited under MCL 750.224f(2) may petition the circuit court in the county where they reside. Not more than one petition may be filed in any 12-month period (MCL 28.424(3)). The court shall, by written order, restore firearm rights if it determines by clear and convincing evidence that:

• The individual properly submitted a petition (MCL 28.424(4)(a))
• 5 years have expired after all fines are paid, imprisonment served, and probation or parole completed (MCL 28.424(4)(b))
• The individual's record and reputation are such that the individual is not likely to act in a manner dangerous to the safety of other individuals (MCL 28.424(4)(c))

Per In re Schultz, No. 350292 (Mich. Ct. App. Nov. 24, 2020), state restoration of firearm rights under MCL 28.424 is not preempted by the federal felon-in-possession statute, and courts must grant restoration under state law when the statutory requirements are met. Note that a federal disability under 18 U.S.C. 922(g) can persist independently of state restoration.

Disclosure Requirements (Duty to Inform)

Under MCL 28.425f(3), a Michigan CPL holder who is carrying a concealed pistol or EMD device and who is stopped by a peace officer must immediately disclose to the officer that he or she is carrying a pistol or EMD device concealed upon his or her person or in his or her vehicle.

• This duty applies only to Michigan CPL holders and only when actually carrying at the time of the stop.
• A violation of the disclosure duty is a state civil infraction for both a first offense and a subsequent offense. It is not a misdemeanor. The consequences escalate by offense under MCL 28.425f(5):

When an individual is found responsible under MCL 28.425f(5), the peace officer notifies the Michigan State Police, which notifies the issuing county clerk to suspend or revoke the license, and the suspension or revocation is entered into the Law Enforcement Information Network (MCL 28.425f(6)).

Possession of CPL and Identification

Under MCL 28.425f(1) and (2), a person licensed to carry a concealed pistol must, at all times while carrying a concealed pistol or EMD device, have in his or her possession both:

1. The license to carry a concealed pistol, and
2. A state-issued driver license or personal identification card,

and must show both to a peace officer upon request. A violation of subsection (1) or (2) is a state civil infraction punishable by a $100 fine under MCL 28.425f(4).

Extreme Risk Protection Orders (ERPOs)

Michigan's Extreme Risk Protection Order Act, codified at MCL 691.1801 et seq., was enacted as 2023 PA 38 (with companion legislation 2023 PA 39 and 2023 PA 40). The Act became effective February 13, 2024, and creates a firearm-specific civil restraint distinct from a personal protection order under MCL 600.2950 or 600.2950a.

Who May Petition

Under MCL 691.1805(2), the following may file an action in the family division of the circuit court requesting an ERPO:

• The respondent's spouse or former spouse, or an individual who has a child in common with the respondent
• An individual who has or has had a dating relationship with the respondent
• An individual who resides or has resided in the same household with the respondent
• A family member or guardian of the respondent
• A law enforcement officer
• A health care provider, where filing does not violate HIPAA or physician-patient confidentiality

What an ERPO Does (MCL 691.1809(1))

If issued, the order must include, among other provisions:

• The restrained individual shall not purchase or possess a firearm (MCL 691.1809(1)(a)).
• The restrained individual shall not apply for a CPL, and any existing CPL is suspended or revoked under section 8 of 1927 PA 372, MCL 28.428, once the order is entered into the Law Enforcement Information Network (MCL 691.1809(1)(b)).
• The restrained individual must surrender any firearms in the individual's possession or control to the designated law enforcement agency, or to a licensed firearm dealer if the court allows, within 24 hours of service or, at the court's discretion, immediately (MCL 691.1809(1)(c)).
• A statement of the consequences of a violation, including immediate arrest, the contempt powers of the court, automatic extension of the order, and criminal penalties (MCL 691.1809(1)(i)).
• An expiration date one year after the date of issuance (MCL 691.1809(1)(k)).

Criminal Penalties for Violating an ERPO (MCL 691.1819)

The summary notice inside the order (MCL 691.1809(1)(i)) describes the penalties in general terms. The controlling criminal penalties are set by MCL 691.1819(1), which establishes three tiers, all felonies:

In addition, if a court or jury finds the restrained individual refused or failed to comply, the issuing court shall extend the order for one year after the expiration of the preceding order, and the court may enforce the order through its contempt powers (MCL 691.1819(2) and (3)). Knowingly placing a firearm in the possession of an individual who is restrained under an ERPO is itself a felony punishable by up to 1 year imprisonment or a $1,000 fine, or both (MCL 691.1819(5)).

Standard of Proof

• Full ERPO (after notice and hearing): The court shall issue an ERPO if it determines by a preponderance of the evidence that the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual by possessing a firearm (MCL 691.1807(1)).
• Ex parte (emergency) ERPO: The court may issue an ERPO without prior notice if it determines, from specific facts shown in a verified complaint, written motion, or affidavit, that immediate and irreparable injury, loss, or damage will result from the delay required to give notice, or that notice itself will precipitate adverse action before the order can be issued (MCL 691.1807(2)).

Hearings, Duration, and Rescission

• A full ERPO expires one year after issuance (MCL 691.1809(1)(k)) and may be extended on petition.
• Where an ex parte ERPO is issued, the restrained individual is entitled, on request, to a hearing within 14 days after service or actual notice (or within 5 days for individuals described in MCL 691.1807(3) who are required by their employment to carry a firearm) (MCL 691.1807(3)).
• A restrained individual may move to modify or rescind the order, with one motion permitted in each six-month period, and must prove by a preponderance of the evidence that he or she no longer poses a risk of seriously physically injuring another individual or himself or herself by possessing a firearm.

Pending Legislation (as of 2025)

Senate Bills 225 and 226 (2025-2026 session) would add the Michigan State Capitol Building, the Anderson House Office Building, and the Binsfeld Senate Office Building to the list of prohibited locations, with an exemption for serving members of the Michigan Legislature who hold a CPL. These bills reintroduce Senate Bills 857 and 858 from the 2023-2024 session, both of which died in committee. The 2025-2026 versions remain pending and have not been enacted.

Senate Bills 76, 77, and 78 (2023-2024 session) passed the Senate and would have expanded many provisions of the handgun licensure act from applying only to pistols to applying to all firearms, including long guns, affecting purchase license requirements under MCL 28.422. These bills did not become law in that session.

Pending bills are not current law. Do not rely on any of the above as enforceable until a bill is enacted and takes effect.

Federal Context

Lautenberg Amendment, 18 U.S.C. 922(g)(9). A misdemeanor crime of domestic violence, meaning any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person, triggers a federal lifetime firearm-possession bar that is independent of state law. The Lautenberg disability applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. United States v. Rahimi (2024) confirmed the constitutionality of the related federal 922(g)(8) domestic-violence-restraining-order disability under the historical-tradition test set out in New York State Rifle and Pistol Association v. Bruen (2022).

Carrying Under the Influence - Michigan

Overview

If you carry a concealed pistol under a CPL in Michigan, the legal threshold is 0.02 BAC, not 0.08. Two separate statutes can apply, and CPL holders should understand both.

• MCL 28.425k is the controlling rule for CPL holders while carrying a concealed pistol or a portable electro-muscular disruption device. The threshold is 0.02 BAC, with tiered penalties that reach a misdemeanor at 0.08 and above. Acceptance of the CPL is implied consent to chemical testing.
• MCL 750.237 is the general firearm-under-the-influence statute in the Michigan Penal Code. It uses a 0.08 BAC threshold and applies to anyone who carries, possesses, controls, uses, or discharges a firearm while intoxicated, regardless of CPL status. A CPL holder at 0.08 or above can face charges under both statutes.

A retired law enforcement officer who carries concealed under a federal certification is governed by a separate tier under MCL 28.519, described below.

CPL Holders: MCL 28.425k (0.02 BAC Threshold)

For anyone carrying a concealed pistol under a CPL, the operative under-the-influence rule is MCL 28.425k, not MCL 750.237. Under MCL 28.425k(1), acceptance of a CPL constitutes implied consent to a chemical analysis of breath, blood, or urine. This implied consent also applies to individuals listed in section 12a of the act.

Prohibited Conduct

Under MCL 28.425k(2), an individual shall not carry a concealed pistol or a portable device that uses electro-muscular disruption technology while under the influence of alcoholic liquor or a controlled substance, or while having a prohibited bodily alcohol content. The statute defines "under the influence" as a state in which the individual's ability to properly handle a pistol or to exercise clear judgment regarding the use of that pistol was substantially and materially affected by the consumption of alcoholic liquor or a controlled substance (MCL 28.425k(8)(c)).

Tiered Penalties for CPL Holders

MCL 28.425k(2) sets three distinct tiers based on bodily alcohol content. Do not collapse them: the .08 line separates a misdemeanor from a civil infraction, and the .10 line separates CPL revocation from a 3-year suspension.

For each tier, the Department of State Police enters the suspension or revocation into the Law Enforcement Information Network.

Safe Transport Exception (CPL With Any BAC)

Under MCL 28.425k(3), a CPL holder who has any bodily alcohol content may still transport a pistol in the locked trunk of a motor vehicle. If the vehicle has no trunk, the pistol must be transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol. The same rule applies on a vessel. The exception extends to transporting a portable electro-muscular disruption device in a locked trunk, compartment, or container.

Chemical Testing

Under MCL 28.425k(4), a peace officer who has probable cause to believe an individual is carrying a concealed pistol or a portable electro-muscular disruption device in violation of the section may require a chemical analysis of breath, blood, or urine.

Before requiring the test, MCL 28.425k(5) requires the officer to inform the individual that:

• The individual may refuse the chemical analysis, but if the individual refuses, the officer may obtain a court order requiring the test, and the refusal results in the CPL being suspended for 6 months.
• If the individual submits, he or she may obtain an independent chemical analysis from a person of his or her own choosing.

Under MCL 28.425k(7), a refusal is itself a state civil infraction with a $100 fine and a 6-month CPL suspension, separate from any penalty for the underlying conduct. Specimen collection and testing follow the same procedures used for alcohol-related and controlled-substance-related driving violations under the Michigan Vehicle Code, MCL 257.1 to 257.923 (MCL 28.425k(6)).

General Penal Code Statute: MCL 750.237

Prohibited Conduct

Under MCL 750.237(1), an individual shall not carry, have in possession or under control, use in any manner, or discharge a firearm under any of the following circumstances:

1. The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of both.
2. The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
3. Because of the consumption of alcoholic liquor, a controlled substance, or a combination of both, the individual's ability to use a firearm is visibly impaired.

Penalties

Under MCL 750.237(3), "serious impairment of a body function" includes, but is not limited to:

• A comatose state that lasts for more than 3 days
• Measurable brain damage or mental impairment
• A skull fracture or other serious bone fracture
• Subdural hemorrhage or subdural hematoma
• Loss of an organ

Chemical Testing

Under MCL 750.237(5), a peace officer who has probable cause to believe an individual violated the section may require a chemical analysis of breath, blood, or urine. An individual who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not required to submit to a chemical analysis of his or her blood.

Before requiring a test, MCL 750.237(6) requires the officer to inform the individual that:

• The individual may refuse, but if he or she refuses, the officer may obtain a court order requiring the test.
• If the individual submits, he or she may obtain an independent chemical analysis from a person of his or her own choosing.

Additional points on testing:

• Under MCL 750.237(7), the officer's failure to provide the required advisements does not render the test results inadmissible in a criminal prosecution, a civil action, or an administrative proceeding arising out of a violation.
• Under MCL 750.237(8), specimen collection and testing follow the same procedures used for alcohol-related and controlled-substance-related driving violations under the Michigan Vehicle Code, MCL 257.1 to 257.923.

Additional Charges

Under MCL 750.237(9), a violation does not prevent the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction.

Impact on CPL Eligibility: MCL 28.425b(7)(h)(ix)

Under MCL 28.425b(7)(h), a misdemeanor conviction for an enumerated offense in the 8 years immediately preceding a CPL application disqualifies the applicant. A pending charge for an enumerated misdemeanor at the time of application also disqualifies the applicant. A conviction under MCL 750.237 (possessing a firearm while under the influence of intoxicating liquor or a controlled substance) is one of the enumerated offenses, listed at MCL 28.425b(7)(h)(ix). A conviction or pending charge for that offense within the lookback period blocks issuance of a concealed pistol license.

Retired Law Enforcement Officers: MCL 28.519

Retired law enforcement officers who hold a certificate to carry a concealed firearm under 18 USC 926C are subject to a separate set of under-the-influence provisions under 2008 PA 537 (MCL 28.511 to 28.523). The operative rule is MCL 28.519.

Implied Consent

Under MCL 28.519(1), acceptance of a certificate issued under the act constitutes implied consent to submit to a chemical analysis.

Prohibited Conduct

Under MCL 28.519(2), a certificate holder shall not carry a concealed firearm while under the influence of alcoholic liquor or a controlled substance, or while having a prohibited bodily alcohol content.

Tiered Penalties for Certificate Holders

Safe Transport Exception

Under MCL 28.519(3), the statute does not prohibit a certified individual who has any bodily alcohol content from transporting a firearm in the locked trunk of a motor vehicle. If the vehicle has no trunk, the firearm must be transported unloaded in a locked compartment or container that is separated from the ammunition. The same rule applies on a vessel.

Testing Procedures

Under MCL 28.519(4), a peace officer with probable cause may require a chemical analysis. Before requiring the test, MCL 28.519(5) requires the officer to inform the certificate holder that:

• The holder may refuse, but if he or she refuses, the officer may obtain a court order, and the refusal may result in certificate revocation.
• If the holder submits, he or she may obtain an independent analysis from a person of his or her own choosing.

Under MCL 28.519(7), if a certificate holder refuses a chemical test, the officer must promptly report the refusal in writing to the commission. Under MCL 28.519(8), if the test indicates any bodily alcohol content while the holder was carrying a concealed firearm, the officer must promptly report the violation in writing to the commission.

Hunting While Intoxicated: MCL 750.167a

Under MCL 750.167a, any person who is drunk or intoxicated while hunting with a firearm or other weapon under a valid hunting license is deemed a disorderly person. Upon conviction:

• The weapon is confiscated and delivered to the Department of Natural Resources for disposition in the same manner as weapons confiscated for other game-law violations.
• In addition to any punishment imposed under MCL 750.168 (the disorderly persons penalty), the person is forbidden to apply for or possess a hunting license for 3 years following the date of conviction.
• A violation of the conditions of that sentence is a misdemeanor.

Key Definitions: MCL 750.222

The penal code chapter that contains MCL 750.237 defines its terms in MCL 750.222:

• "Alcoholic liquor" means that term as defined in section 105 of the Michigan Liquor Control Code, MCL 436.1105 (MCL 750.222(a)).
• "Controlled substance" means a controlled substance or controlled substance analogue as defined in section 7104 of the Public Health Code, MCL 333.7104 (MCL 750.222(d)).
• "Firearm" means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive (MCL 750.222(e)).

MCL 28.425k(8) uses the same definitions of "alcoholic liquor" (MCL 436.1105) and "controlled substance" (MCL 333.7104).

Marijuana and Firearms

Marijuana is a controlled substance under Michigan law. MCL 750.222(d) defines "controlled substance" by reference to MCL 333.7104 of the Public Health Code. Because both MCL 750.237 and MCL 28.425k prohibit carrying, possessing, or using a firearm while under the influence of a controlled substance, being under the influence of marijuana while doing so is prohibited under either statute regardless of a person's status as a medical marijuana cardholder. Federal law separately restricts firearm possession by unlawful users of controlled substances, and marijuana remains federally controlled. Anyone relying on a medical marijuana registration should treat firearm carry while under the influence as prohibited.

Relevant Statute References

Other Michigan Firearm Laws Worth Knowing

This section covers Michigan firearm rules that do not fit neatly under permits, places, or use of force, but that come up often enough in CCW classes and in the field that you need to know them. Each topic gives the bottom-line answer first, then the statute, then the nuance.

Reckless or Negligent Discharge

Pulling a trigger carelessly is a separate crime from any other firearm offense in Michigan, even if no one is hurt.

Under MCL 752.863a, any person who recklessly, heedlessly, willfully, or wantonly uses, carries, handles, or discharges a firearm without due caution and circumspection for the rights, safety, or property of others is guilty of a misdemeanor. The statute does not require an injury or property damage. The conduct itself is the offense. This section is part of the Careless, Reckless, or Negligent Use of Firearms act, 1952 PA 45 (MCL 752.861 to 752.863a), as supplemented by 1955 PA 14 and 1958 PA 15.

On top of any criminal penalty, MCL 752.864 lets the court suspend the convicted person's hunting privileges for up to 3 years from the date of conviction. That suspension power reaches a conviction for violating any provision of that same 1952 PA 45 cluster, which includes reckless discharge under MCL 752.863a, careless use causing injury or death under MCL 752.861, and careless use causing property damage under MCL 752.862. MCL 752.864 was added by 1958 PA 15.

Practical takeaway for instructors and students: a "negligent discharge" on the line, in a parking lot, or while showing off a pistol at home is not just a range-rule problem. If a prosecutor wanted to charge it, MCL 752.863a is the statute they would reach for, and a hunting suspension can ride along on top of the criminal penalty.

Duty to Stop and Report After a Discharge That Injures Someone

If you fire a gun and someone is hurt, Michigan law treats your obligations a lot like a hit-and-run statute. You have to stop, identify yourself, render aid, and report the incident. These duties come from a separate statute, the Death or Injuries From Firearms act, 1952 PA 10 (MCL 752.841 to 752.845). Do not confuse this act with the reckless-use act above. They were both passed in 1952 but they are different statutes with different penalties.

Under MCL 752.842, any person who discharges a firearm and injures or fatally wounds another person, or has reason to believe he has done so, must immediately stop at the scene, give his name and address to the injured person or any member of the injured person's party, and render immediate assistance and reasonable assistance in securing medical and hospital care and transportation.

MCL 752.843 then layers a reporting duty on top of that. If you caused or were involved in an accident in which a human being was killed or injured by a firearm, you must immediately report the injury or death to the nearest state police office, or to the sheriff of the county where it happened. If you are physically unable to make the report, you must designate an agent to file it. The sheriff is required to forward the report to the nearest state police office.

A person who violates any provision of this act is subject to the penalty in MCL 752.845: a fine of not more than $100 and costs, or up to 90 days in the county jail, or both, and the court may also suspend hunting privileges for up to 3 years.

The defined term "firearm" for these duties comes from MCL 752.841 and tracks the standard Michigan definition: any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive.

Self-defense does not erase these duties. Even a clean defensive shooting still produces a 911 call, an interview, and a report. The statute does not give you a self-defense exemption from the stop-and-report obligation.

Knife Carry and Firearm Carry

Michigan's concealed-weapons statute is not just about pistols. MCL 750.227(1) sweeps in daggers, dirks, stilettos, double-edged nonfolding stabbing instruments of any length, and any other dangerous weapon, except a hunting knife adapted and carried as such. Carrying any of those concealed on or about your person, or whether concealed or otherwise in any vehicle you operate or occupy, is a felony, except in your dwelling house, place of business, or on other land you possess. Carrying a pistol concealed without a license is the parallel felony in MCL 750.227(2). Either offense is punishable by up to 5 years in prison or a fine of up to $2,500 under MCL 750.227(3).

A separate definition statute, MCL 750.222a, narrows what counts as a "double-edged, nonfolding stabbing instrument." Under MCL 750.222a(1), a knife, tool, implement, arrowhead, or artifact manufactured from stone by means of conchoidal fracturing is not within the term. That carve-out is for flintknappers and primitive-skills practitioners, not for general carry. And per MCL 750.222a(2), the carve-out does not apply to an item being transported in a vehicle unless the item is in a container and inaccessible to the driver.

For CCW students, the practical rule: a Michigan CPL covers a concealed pistol. It does not authorize concealed carry of a fixed double-edged blade. If you carry both a pistol and a knife, the knife has to clear MCL 750.227 on its own terms.

Altered or Removed Serial Numbers

Willfully altering, removing, or obliterating the maker's name, model, manufacturer's number, or any other identifying mark on a pistol or firearm is a felony under MCL 750.230. Penalty: up to 2 years in prison or a fine of up to $1,000.

The statute also says that possession of a firearm with an altered, removed, or obliterated number (other than an antique firearm as defined in MCL 750.231a) is presumptive evidence that the possessor altered or removed it. The Michigan Supreme Court held in People v Moore, 402 Mich 538; 266 NW2d 145 (1978), that this statutory presumption is unconstitutional. The underlying offense remains. The presumption shortcut does not.

What about an owner who recovers a stolen pistol whose serial number was scrubbed by the thief? The Michigan Attorney General addressed that in AG Opinion No. 5215 (August 26, 1977). The opinion concludes that the Department of State Police may return the recovered pistol to its rightful owner after restamping the weapon with either its original serial number or a new number issued by the Department, and that the owner cannot be prosecuted under MCL 750.230 for possession of a firearm whose number was altered by another person. The opinion relies on People v Petro, 342 Mich 299; 70 NW2d 69 (1955), which read MCL 750.230 to prohibit the act of altering, not the bare fact of possession.

If you recover a stolen handgun in this posture, the path forward is a State Police restamp before you take it back into normal use. Do not just assume that a pre-Moore presumption will not be tested at the next traffic stop.

Signaling Devices Exempt From License-To-Purchase

The general license-to-purchase requirement in MCL 28.422 does not apply to a signaling device that is approved by the United States Coast Guard. That carve-out is at MCL 28.432b.

In plain terms: a Coast Guard-approved marine flare gun or signaling device is not treated as a "pistol" for license-to-purchase purposes in Michigan. You do not need a Michigan License to Purchase a Pistol to buy one. Storage, transport, and use are still governed by general firearm rules and by Coast Guard regulations.

Firearm Offenses Committed in a Weapon-Free School Zone

This is one of the most misunderstood statutes on the list, so read it carefully. MCL 750.237a does not turn every felony near a school into a school-zone crime, and it does not punish a CPL holder who simply carries a pistol lawfully.

MCL 750.237a(1) applies only when the defendant personally engages in conduct already proscribed by one of a fixed list of firearm and weapon offenses, committed in a weapon-free school zone. The enumerated sections are MCL 750.224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, and 234c, plus a second or subsequent violation of section 223(2). If the defendant's own conduct is one of those offenses and it happens in a weapon-free school zone, the offense is a felony, and the court may impose up to the maximum term authorized for the underlying section, up to 150 hours of community service, and a fine of up to 3 times the maximum fine authorized for the underlying section. MCL 750.237a(2) does the same thing at the misdemeanor level for a different enumerated list of lesser firearm offenses.

That "3 times the fine" multiplier and the "up to the underlying maximum" sentence are MCL 750.237a's own grading mechanics. They are not borrowed from some separate felony that happens to occur in the zone. The statute is an enhancement on enumerated firearm offenses only.

There is also a simple-possession layer. Under MCL 750.237a(4), an individual who merely possesses a weapon in a weapon-free school zone is guilty of a misdemeanor (up to 93 days, up to 100 hours of community service, or a fine of up to $2,000). But MCL 750.237a(5) lists who is exempt from that possession offense, and the list includes a peace officer, a person providing school security, a school's firearms instructor, and, most relevant for this audience, an individual licensed by this state or another state to carry a concealed weapon. A CPL holder's pistol possession is therefore carved out of the MCL 750.237a(4) possession misdemeanor. Note that the separate prohibition on carrying a concealed pistol on school premises lives in MCL 28.425o, not here.

The bottom line for licensees: MCL 750.237a is not a generic add-on that lets a prosecutor stack a charge on a CPL holder just because something bad happened in a school zone. It bites only when the defendant personally commits one of the enumerated weapon offenses, and a person carrying lawfully under a CPL is not committing those offenses by carrying.

What Happens to a Firearm Seized by Police

When a law enforcement agency seizes or otherwise comes into possession of a firearm or part of a firearm subject to disposal, MCL 750.239a gives the agency some options other than forwarding it to the State Police for destruction. Under MCL 750.239a(1), the agency may retain the firearm for either of two purposes:

• Legal sale or trade to a federally licensed firearm dealer (proceeds restricted to law enforcement use, and the buyer cannot be a member of the seizing agency unless that member is an FFL and the sale is made at public auction)
• Official use by sworn peace officers of the seizing agency

Before disposing of any firearm under this section, the agency must do two things under MCL 750.239a(4):

1. Run the firearm through the Law Enforcement Information Network to see if it has been reported lost or stolen. If the firearm was reported lost or stolen and the owner's name and address can be determined, the agency must give 30 days' written notice and let the owner claim it if the owner is authorized to possess it. If the serial number has been altered, removed, or obliterated, the agency must submit the firearm to the State Police or a forensic laboratory for serial number verification or restoration to determine legal ownership.
2. Post 30 days' public notice on its own website describing the firearm, including the serial number where it can be determined. The owner gets 30 days to claim it. Under MCL 750.239a(4)(b), this 30-day period is in addition to the LEIN-based 30 days.

Under MCL 750.239a(3), receipts of any sale or trade must be kept for at least 7 years and must be available for State Police inspection and government audit. MCL 750.239a(5) makes the agency immune from civil liability for disposing of a firearm in compliance with the section.

For an instructor whose student loses a firearm to a police seizure, the practical advice is to monitor the seizing agency's website and keep records that prove ownership and authorization to possess. Both 30-day windows close fast.

Buyback Firearms Must Be Destroyed

Effective April 2, 2025, Michigan law requires destruction of any firearm acquired by a municipality through a gun buyback program once the firearm is turned over to the Department of State Police. MCL 28.5a, added by 2024 PA 265, directs the Department to dispose of those firearms by destroying them, requires that all parts of the firearm be destroyed, and bars resale.

The statute defines "firearm" for its purposes as any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive. There is no resale-to-FFL or law-enforcement-retention pathway for buyback guns the way there is under MCL 750.239a for general seized firearms. Buyback firearms turned over to the State Police get destroyed.

Sport Shooting Range Immunity

Michigan recognizes a doctrine of assumption of risk for sport shooting, codified at MCL 691.1544 (part of the Sport Shooting Ranges Act, 1989 PA 269). Each person who participates in sport shooting at a sport shooting range that conforms to generally accepted operation practices accepts the risks associated with the sport to the extent the risks are obvious and inherent. The statute lists examples: noise, discharge of a projectile or shot, malfunction of sport shooting equipment not owned by the range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.

For instructors operating at ranges, that means a student who suffers an obvious-and-inherent shooting-sport injury has accepted that risk by participating, provided the range is operating consistent with generally accepted practices. The statute speaks to risks that are obvious and inherent to the sport. It is a backstop for ranges that operate properly, not a blanket immunity for every kind of conduct. Treat it as one defense, not a license.

Trigger Locks and Secured Containers at Point of Sale

A federally licensed firearms dealer in Michigan must follow MCL 28.435, which is primarily a firearm-safety-device mandate at the point of sale, not a generic recordkeeping statute. Under MCL 28.435(1), a dealer cannot sell a firearm in this state unless the sale includes either a commercially available trigger lock or other device designed to disable the firearm, or a commercially available gun case or storage container that can be secured to prevent unauthorized access. There are exceptions in MCL 28.435(2), including a sale to a police officer or police agency, a buyer who already presents a qualifying lock or case with a receipt, the sale of an antique firearm, and a transfer by a seller who is not an FFL.

The statute also requires the dealer to include a home-storage safety brochure, a written warning about safe-storage penalties, and lethal-means-counseling literature (MCL 28.435(3)), to obtain signed compliance statements and keep them for at least 6 years (MCL 28.435(4) and (5)), and to post conspicuous safe-storage notices at entrances, exits, and points of sale (MCL 28.435(6)).

A person who violates MCL 28.435 is guilty of a crime under MCL 28.435(14), with the grade increasing on each conviction:

• First offense: misdemeanor, up to 93 days or a $500 fine, or both
• Second offense: misdemeanor, up to 1 year or a $1,000 fine, or both
• Third or subsequent offense: felony, up to 2 years or a $5,000 fine, or both

Why this matters for instructors: when you refer a student to a dealer or run a sales clinic in your shop, the dealer's failure to include a lock or case, or to provide the required literature, is not a wrist-slap. The third strike is a felony.

Burden of Establishing an Exception or Exemption

Michigan flips the usual burden in firearm prosecutions when an exception is in play. Under MCL 776.20, in any prosecution for the violation of any acts of the state relative to the use, licensing, and possession of pistols or firearms, the burden of establishing any exception, excuse, proviso, or exemption contained in the statute is on the defendant. The statute is careful to add that this does not shift the burden of proof for the violation itself.

Practical translation: the State still has to prove the offense beyond a reasonable doubt. But if you want to claim that you fall within a peace-officer exemption, a military-duty exemption, an antique-firearm carve-out, or any other "this rule does not apply to me" provision, the production burden is on you. Bring your CPL, your law enforcement credentials, your DD-214, your dealer's license, or whatever document supports the exemption you are invoking.

Return of Property to Crime Victims, With a Firearm Carve-Out

Under the William Van Regenmorter Crime Victim's Rights Act, the law enforcement agency investigating a reported crime must promptly return to the victim any property belonging to that victim which was taken in the course of the investigation. That is the rule in MCL 780.754(1) for felony and serious-misdemeanor cases, and it is mirrored at MCL 780.814(1) for the serious-misdemeanor article.

There are exceptions. The agency must not return contraband, must not return property whose ownership is disputed until the dispute is resolved, and (most relevant here) must retain as evidence any weapon used in the commission of the crime. The retain-the-weapon rule is at MCL 780.754(4) for the felony provision and at MCL 780.814(4) for the serious-misdemeanor provision. Other evidence can also be held back if the prosecuting attorney certifies a need to retain it instead of memorializing it through a photograph or other means.

For a victim who used a lawful firearm to defend themselves, that firearm may sit in evidence storage for a long time. The agency is required to keep it as long as the prosecutor certifies a need.

Larceny or Destruction of Military Arms

During any war, rebellion, or insurrection against the United States or against this state, willfully and maliciously embezzling, stealing, injuring, destroying, or secreting arms, ammunition, military stores, or military equipment is a felony under MCL 750.406. The statute reaches property of the United States, the state, or any officer, soldier, or soldiers in service. It also reaches buildings, machinery, or material used or intended to be used for the making, repairing, or storing of those arms or stores, whether public or private.

Penalty: up to 5 years in state prison or a fine of up to $2,500. This is an old statute (carried forward from 1931 PA 328 and earlier law), but it is still on the books and worth knowing if you handle armory contracts, work near a National Guard facility, or run a shop that services state or federal arms.

Juvenile Firearm Commitment

When a juvenile uses a firearm during a criminal violation, MCL 712A.18g adds a mandatory commitment overlay to whatever else the juvenile court does. In addition to any other disposition, a juvenile who is not being sentenced as an adult must be committed for a specified period if all of the following are true:

• The juvenile is under the jurisdiction of the juvenile division of the probate court
• The juvenile is adjudicated of, or convicted of, violating a criminal municipal ordinance, a state law, or a federal law
• The juvenile is found to have used a firearm during the criminal violation

The commitment period cannot exceed the length of sentence that could have been imposed if the juvenile had been sentenced as an adult for the underlying violation.

Bottom line for a parent: a juvenile firearm offense triggers a commitment in addition to any other juvenile-court disposition. There is no probation-only path that skips it.

Statute of Limitations for Armed Robbery

Public Act 148 of 2018 amended MCL 767.24 to add armed robbery to the offenses for which an indictment may be filed within 10 years after the offense is committed. According to Michigan State Police Legal Update No. 133, if the offense is reported to a police agency within one year after it is committed and the perpetrator's identity is unknown, an indictment may be filed within 10 years after the perpetrator is identified through knowledge of his or her legal name.

For a victim of an armed robbery in which a CPL holder used or displayed a defensive firearm, that 10-year window is relevant to when investigators can re-charge a suspect who is later identified. It also means cold-case armed-robbery files involving long-unidentified suspects do not automatically time out.

Michigan Concealed Carry Laws Overview

Constitutional Foundation

Michigan's right to bear arms is enshrined in the state constitution:

"Every person has a right to keep and bear arms for the defense of himself and the state."

• Michigan Constitution, Article I, Section 6

This right is further supported by the Second Amendment to the United States Constitution.

Permit System

Michigan is a shall-issue state for concealed pistol licenses (CPLs). Licenses are issued at the local level by county clerks to residents and certain military personnel. The governing statute is the Firearms Act, 1927 PA 372 (MCL 28.421 et seq.). The Legislative Service Bureau is required to compile the state's firearms laws pursuant to MCL 28.425a.

Eligibility Requirements

Under MCL 28.425b(7), a CPL applicant must:

• Be at least 21 years old - MCL 28.425b(7)(a)
• Be a legal resident of Michigan (an applicant who has lived in Michigan for less than 6 months must hold a valid concealed-carry license from another state) - MCL 28.425b(7)(b)
• Have successfully completed a state-approved pistol training course that meets MCL 28.425j
• Not have been dishonorably discharged from the United States Armed Forces
• Have no felony convictions or pending felony charges
• Have no convictions or pending charges for certain misdemeanors within 3 or 8 years preceding the application (depending on the offense)
• Possess a valid Michigan driver's license or state-issued personal identification card
• Not be prohibited under federal or state law from possessing or transporting a firearm

Application Process

• The applicant must submit classifiable fingerprints, which are forwarded to the Michigan Department of State Police and the FBI for review - MCL 28.425b(9)
• The county clerk must issue a license or a notice of statutory disqualification within 45 days after classifiable fingerprints are taken - MCL 28.425b(13)
• If the clerk issues a notice of statutory disqualification, the clerk must, within 5 business days, inform the applicant in writing of the reasons for the denial or disqualification - MCL 28.425b(13)(a)
• The clerk must also inform the applicant in writing of the right to appeal the denial or notice of statutory disqualification to the circuit court under section 5d - MCL 28.425b(13)(b)
• If a license or notice of statutory disqualification is not issued within 45 days after classifiable fingerprints are taken, the fingerprinting receipt serves as a CPL until a license or notice of statutory disqualification is issued - MCL 28.425b(14)

License Scope

A granted CPL authorizes the licensee to:

• Carry a pistol concealed on or about his or her person anywhere in the state
• Carry a pistol in a vehicle, whether concealed or not, anywhere in the state

These rights are subject to the restricted premises in MCL 28.425o and other laws - MCL 28.425c(3)(a)-(b).

Emergency CPL

A county clerk must issue an emergency license to carry a concealed pistol to an individual who has obtained a personal protection order, or when a county sheriff finds clear and convincing evidence that the individual's safety (or that of a family or household member) is endangered by the inability to immediately obtain a CPL - MCL 28.425a(4).

• An emergency license is valid for 45 days or until the county clerk issues a notice of statutory disqualification, whichever occurs first.
• An applicant for an emergency license must, within 10 business days after applying, complete a pistol training course under section 5j and apply for a regular CPL under section 5b. If the applicant does not do both within 10 business days, the emergency license is no longer valid.
• An individual may not obtain more than one emergency license in any 5-year period.

License Validity and Non-Resident Issuance

• License validity: A CPL is valid until the licensee's date of birth that falls not less than 4 years and not more than 5 years after issuance or renewal (MCL 28.425l(1)). A first-time CPL therefore runs 4 to 5 years, depending on how close issuance falls to the holder's birthday. A renewed CPL runs birthday to birthday.
• Constitutional (permitless) concealed carry: No. Michigan does not recognize permitless concealed carry by residents.
• Non-resident CPLs: Issued only to:
  • Active-duty military stationed in Michigan
  • Active-duty military stationed outside Michigan if Michigan is the applicant's home of record

Training Requirements

CPL applicants must successfully complete a state-approved pistol training course under MCL 28.425j that includes:

• At least 8 hours of instruction
• At least 3 hours of instruction on a firing range, requiring the firing of at least 30 rounds of ammunition

Exemptions from CPL Requirement

Under MCL 28.432a, certain individuals are exempt from the CPL requirement, including specified peace officers, members of the military acting in the line of duty, certain corrections employees, and an out-of-state resident who holds a valid license to carry a concealed pistol issued by his or her home state (MCL 28.432a(h)).

Separately, qualified retired law enforcement officers who meet the conditions of the federal Law Enforcement Officers Safety Act, 18 USC 926C, may carry under that federal authority, which preempts state permit requirements. That LEOSA authority is independent of the Michigan CPL-exemption statute, MCL 28.432a.

Duty to Inform

A Michigan CPL holder who is carrying a concealed pistol (or a device that uses electro-muscular disruption technology) and who is stopped by a peace officer must immediately disclose to the officer that he or she is carrying - MCL 28.425f(3).

A violation of this immediate-disclosure duty is a state civil infraction for both a first and a subsequent offense - MCL 28.425f(5):

• First offense: civil infraction, $500 fine, and the CPL is suspended for 6 months - MCL 28.425f(5)(a)
• Subsequent offense within 3 years of a prior offense: civil infraction, $1,000 fine, and the CPL is revoked - MCL 28.425f(5)(b)

A CPL holder must also have the license and a state-issued driver license or personal identification card in possession while carrying, and must show both to a peace officer on request. A violation of that requirement is a separate state civil infraction with a $100 fine - MCL 28.425f(1), (2), (4).

Carry Methods

Open Carry

• Legal in Michigan without a license for those who are at least 18 years old and who can legally possess a firearm
• The handgun should be registered in the carrier's name (the pistol-record requirement under MCL 28.422 / MCL 28.422a)
• Non-residents must satisfy Michigan's transport and possession rules; a qualifying non-resident may carry only under the conditions in MCL 28.422(9)
• Open carry is permitted in more locations than concealed carry, because the restricted premises in MCL 28.425o apply specifically to concealed carry
• Open carrying a handgun in a holster in plain view does not, by itself, constitute brandishing under MCL 750.234e

Concealed Carry

• Residents: Must possess a valid Michigan CPL - MCL 750.227(2); MCL 28.425b
• Non-residents: The Michigan concealed-pistol prohibition in MCL 750.227(2) does not apply to a person holding a valid concealed-carry license issued by his or her state of residence, except where the pistol is carried in nonconformance with a restriction on that license - MCL 750.231a(1)(a)
• License holders may carry concealed handguns; a portable device that uses electro-muscular disruption technology (a Taser) is also covered by the CPL framework

Brandishing

A person may not willfully and knowingly brandish a firearm in public, except a peace officer performing official duties or a person lawfully acting in self-defense or defense of another under the Self-Defense Act. A violation is a misdemeanor - MCL 750.234e.

It is also unlawful to intentionally point or aim a firearm at another person - MCL 750.233.

Definitions

Key statutory definitions relevant to concealed carry:

• "Firearm": Any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive, except as otherwise specifically defined in statute - MCL 8.3t
• "Pistol": 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 - MCL 750.222; MCL 28.421
• "Self-defense spray or foam device": A device that ejects not more than 35 grams of orthochlorobenzalmalononitrile (with inert ingredients) or a solution containing not more than 18% oleoresin capsicum - MCL 750.224d(1)

Firearm Purchase Requirements

License to Purchase a Pistol

A Michigan License to Purchase a Pistol (LTP) (RI-10 form), a valid CPL, or a federal background check is required to acquire a pistol from a private seller. The general process under MCL 28.422 requires:

1. Obtain an LTP from your local police department or county sheriff's office (requires a valid Michigan driver's license or state ID with current address)
2. A criminal and mental-health background check is conducted
3. The LTP is void if not used within 30 days - MCL 28.422(4)
4. At the time of acquisition, the license is filled out describing the pistol; both buyer and seller sign in ink - MCL 28.422(5)
5. The purchaser must return a copy of the completed license to the issuing agency, which enters the information into the pistol entry database or otherwise provides it to the Department of State Police - MCL 28.422(6)

CPL Exemption from LTP

Holders of a valid Michigan CPL are generally exempt from the license-to-purchase requirement. However, under MCL 28.422a(1)(a), certain CPL-type documents do not qualify for this exemption, including an emergency license issued under MCL 28.425a and a receipt serving as a CPL under the statute.

Other Purchase Rules

• Background checks for private pistol sales are required under MCL 28.422 / MCL 28.422a (effective February 2024)
• No state waiting period for handgun purchases
• A valid CPL exempts the holder from a separate license to purchase at the time of acquisition
• Minimum age to purchase a handgun from a licensed dealer: 21 years old (federal law)
• Minimum age to possess and transport a handgun: 18 years old

Michigan Resident with Out-of-State CPL

Per AG Opinion No. 7187, a Michigan resident who holds a CPL issued by another state is exempt under MCL 28.432(1)(f) from obtaining a Michigan license to purchase a pistol, but is not exempt from obtaining a Michigan CPL in order to carry concealed in Michigan - MCL 28.425b(7). Such a resident may, however, lawfully transport a pistol in a vehicle under the exceptions in MCL 750.227(2) and MCL 750.231a(1).

Reciprocity

Michigan recognizes a valid concealed-pistol license issued by another state for a non-resident of Michigan: the Michigan concealed-pistol prohibition does not apply to a person carrying under a license issued by his or her state of residence - MCL 750.231a(1)(a).

A non-resident is also not required to obtain a Michigan license to possess, carry, or transport a pistol only if all of the following conditions in MCL 28.422(9) apply:

• The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol - MCL 28.422(9)(a)
• The individual is in possession of that license - MCL 28.422(9)(b)
• The individual owns the pistol he or she possesses, carries, or transports - MCL 28.422(9)(c)
• The individual possesses the pistol for a lawful purpose - MCL 28.422(9)(d)
• The individual is in Michigan for 180 days or less and does not intend to establish residency - MCL 28.422(9)(e)

A non-resident must present the out-of-state license on demand of a police officer - MCL 28.422(10). A Michigan resident cannot satisfy these conditions and must obtain a Michigan CPL to carry concealed.

Self-Defense Laws

Stand Your Ground and Common-Law Self-Defense

Michigan has a statutory stand-your-ground rule and preserves common-law self-defense.

Use of Non-Deadly Force

An individual not engaged in the commission of a crime may use non-deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if he or she honestly and reasonably believes the force is necessary to defend himself, herself, or another from the imminent unlawful use of force - MCL 780.972(2).

Use of Deadly Force

An individual not engaged in the commission of a crime may use deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if he or she honestly and reasonably believes the force is necessary to prevent - MCL 780.972(1):

• Imminent death or imminent great bodily harm to himself, herself, or another individual; or
• Imminent sexual assault of himself, herself, or another individual

Effect on the Common Law

The Self-Defense Act does not modify the common law on the duty to retreat except as provided in section 2 (MCL 780.973), and it does not diminish an individual's common-law right to use force in self-defense or defense of another (MCL 780.974).

Note: The Self-Defense Act (Act 309 of 2006) addresses the criminal-law duty to retreat and preserves common-law self-defense. It does not itself create civil immunity. Any civil protection for a person who uses lawful self-defense arises from separate law and common-law doctrines, not from MCL 780.972 to 780.974.

Restricted Locations

Concealed carry is prohibited on certain premises under MCL 28.425o, including:

• A school or school property (with a limited exception for a parent or legal guardian in a vehicle dropping off or picking up a student)
• Public or private child care centers or day care centers
• Sports arenas or stadiums
• Bars or taverns licensed to sell alcoholic liquor by the glass for consumption on the premises where the primary source of income is the sale of liquor
• Places of worship (unless the presiding official permits carry)
• Entertainment facilities with a seating capacity of 2,500 or more
• Hospitals
• Dormitories or classrooms of a community college, college, or university
• Casinos

Note: These restrictions apply to concealed carry. Open carry is permitted in many of these locations because MCL 28.425o applies specifically to concealed carry. Individual property owners and certain entities may impose additional restrictions.

A separate statute, MCL 750.234d, makes it a misdemeanor to possess a firearm on the premises of a bank, a house of religious worship, a court, a theatre, a sports arena, a day care center, a hospital, or a liquor-licensed establishment, but a person licensed to carry a concealed weapon is exempt from that prohibition - MCL 750.234d(2)(c).

"No Weapons" Signs

A privately posted "No Weapons Allowed" sign is not, by itself, a criminal offense to violate under Michigan state firearms law. However, a property owner may ask a person to leave, and refusing to do so could constitute trespass.

Carry in Establishments Serving Alcohol

• A CPL holder may carry in the restaurant area of an eatery that serves alcohol unless the premises are a bar or tavern described in MCL 28.425o or are otherwise posted
• The carrier must not be under the influence of alcoholic liquor or a controlled substance while carrying a concealed pistol - MCL 28.425k(2) (see Carrying While Intoxicated, below)

Vehicle Carry

• With a CPL: A pistol may be carried concealed or unconcealed in a vehicle anywhere in the state
• Without a CPL: Carrying a pistol concealed in, or whether concealed or otherwise in, a vehicle is prohibited by MCL 750.227(2), except in the person's dwelling house, place of business, or on other land the person possesses
• The MCL 750.227(2) prohibition does not apply to a non-resident carrying under a valid out-of-state concealed-carry license - MCL 750.231a(1)(a)

Voting-Related Locations

Following Public Acts 157 and 158 of 2024, possession of a firearm is prohibited under MCL 750.234d(3)-(4):

• In a polling place or within 100 feet of any entrance to a building containing a polling place while the polls are open on Election Day - MCL 750.234d(3)(a)
• At an early voting site or within 100 feet of any entrance on a day early voting is conducted - MCL 750.234d(3)(b)
• Within 100 feet of an absent voter ballot drop box for 40 days before an election - MCL 750.234d(3)(c)
• In a city or township clerk's office (or staffed satellite office), or within 100 feet of any entrance, for the 40 days before an election when an absent voter ballot can be voted in person - MCL 750.234d(3)(d)

Exceptions under MCL 750.234d(4) include a peace officer (MCL 750.234d(4)(a)), a person possessing a firearm in his or her residence or on private property or with permission (MCL 750.234d(4)(b)), and a person licensed to carry a concealed weapon (MCL 750.234d(4)(c)).

Michigan State Capitol

The Michigan State Capitol Commission has authority to prohibit firearms inside the Capitol building and in areas under its control, pursuant to 2013 PA 240 (MCL 4.1941 et seq.). The Commission is not a "local unit of government" under MCL 123.1102 and is therefore not subject to the firearms preemption statute.

Courts

The Michigan Supreme Court, by Administrative Order 2001-1, prohibits weapons in any courtroom, office, or other space used for official court business unless the chief judge has given prior approval consistent with the court's written policy.

Preemption

Michigan has state preemption over firearms regulation. Under MCL 123.1102, a local unit of government may not regulate the ownership, registration, purchase, sale, transfer, transportation, or possession of firearms, ammunition, or their components, except as otherwise provided by federal law or by the statute. Limited local authority that remains includes prohibiting the discharge of firearms within boundaries (subject to statutory exceptions) and regulating local-government employees in the course of employment.

Notable point: In Michigan Gun Owners, Inc v Ann Arbor Public Schools, 502 Mich 695 (2018), the Michigan Supreme Court held that a school district is not a "local unit of government" subject to the preemption statute, so a school district may adopt its own weapons policy. The Michigan State Capitol Commission is likewise not subject to the preemption statute.

Red Flag Law

Michigan has an extreme risk protection order (ERPO) law (the Extreme Risk Protection Order Act, MCL 691.1801 et seq.), under which a court may order an individual to surrender firearms and not purchase or possess firearms while the order is in effect. Separately, a personal protection order under MCL 600.2950 or 600.2950a may restrain an individual from purchasing or possessing a firearm.

Ammunition and Magazine Restrictions

• Armor-piercing ammunition: Restricted under MCL 750.224c
• Magazine capacity: Michigan does not impose a general magazine-capacity limit for handguns

Regulated Weapons

Machine Guns and Silencers

Manufacturing, selling, offering for sale, or possessing a machine gun (or a muffler/silencer) is a felony under MCL 750.224(1), punishable by imprisonment for not more than 5 years or a fine of not more than $2,500, or both - MCL 750.224(2). The prohibition does not apply to a person licensed or approved by the federal government to manufacture, sell, or possess such an item - MCL 750.224(3). A person may lawfully possess these items only in compliance with federal law (including registration under the National Firearms Act).

Non-Lethal Weapons

Tasers (Electro-Muscular Disruption Devices)

Sale or possession of a portable electro-muscular disruption device is generally prohibited under MCL 750.224a(1), but the statute permits reasonable use and possession by qualified individuals (including a person who has been issued a CPL, subject to the statute's training and use conditions). The device must be used only under circumstances that would justify the lawful use of physical force.

Stun Guns

Devices that fall outside the statutory exceptions of MCL 750.224a remain prohibited.

Self-Defense Spray (Pepper Spray)

A lawful self-defense spray or foam device under MCL 750.224d is defined by concentration, not by volume. To be lawful, the device may eject:

• A solution containing not more than 18% oleoresin capsicum, or
• Not more than 35 grams of orthochlorobenzalmalononitrile combined with inert ingredients

Using a lawful self-defense spray against another person other than in lawful self-defense is a misdemeanor - MCL 750.224d(2).

Other Weapons

• Brass knuckles and certain other devices are regulated under MCL 750.224 and related statutes

Other Key Provisions

Public Access to CPL Registry

The Michigan concealed-pistol licensing records are confidential and are not generally available to the public; disclosure is limited by statute - MCL 28.425e; MCL 28.421b.

Carrying While Intoxicated

It is unlawful to carry a concealed pistol (or a portable electro-muscular disruption device) while under the influence of alcoholic liquor or a controlled substance, or while having a prohibited bodily alcohol content - MCL 28.425k(2). The statute sets three tiers:

• 0.10 or more bodily alcohol content, or otherwise under the influence: misdemeanor, up to 93 days imprisonment or a $100 fine, or both, and the CPL is revoked - MCL 28.425k(2)(a)
• 0.08 or more but less than 0.10: misdemeanor, up to 93 days imprisonment or a $100 fine, or both, and the CPL is suspended for 3 years - MCL 28.425k(2)(b)
• 0.02 or more but less than 0.08: state civil infraction, $100 fine, and the CPL is suspended for 1 year - MCL 28.425k(2)(c)

Acceptance of a Michigan CPL constitutes implied consent to a chemical analysis when an officer has probable cause to believe the holder was carrying in violation of this section - MCL 28.425k(1).

Hotels and Employee Parking Lots

Michigan statutes do not specifically address firearms at hotels or in employee parking lots. Individual businesses and employers may set their own policies.

Official Resources

The Michigan Legislature publishes an official guide titled "Firearms Laws of Michigan," prepared pursuant to MCL 28.425a. It reprints relevant statutes and selected Michigan Attorney General opinions and is available in PDF at the Michigan Legislature's website under "Publications." It is an informational guide and is not a substitute for state or federal law.

Additional resources:

• Michigan State Police Firearms information at michigan.gov/msp
• Federal firearms laws (Gun Control Act of 1968, National Firearms Act, and others) at atf.gov

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This overview is derived from the Michigan Compiled Laws (1927 PA 372 and the Michigan Penal Code, 1931 PA 328), the Michigan Legislature's "Firearms Laws of Michigan" publication, and Michigan State Police and Michigan Attorney General guidance. All MCL citations have been checked against the published statute text. This overview is informational and is not legal advice. Federal firearms law is beyond the scope of this guide.

Michigan Concealed Pistol License (CPL) - Permit Basics

Governing Law

Michigan's concealed carry permit is officially called a Concealed Pistol License (CPL), governed by the Firearms Act, MCL 28.421 through MCL 28.435 (1927 PA 372, as amended).

Issuing Authority

As of December 1, 2015, all county concealed weapons licensing boards were eliminated, and CPL applications are now processed by the county clerk of the county in which the applicant resides (MCL 28.425a, MCL 28.425b(1)).

• The Michigan State Police (MSP) does not issue or deny CPL applications.
• The MSP verifies an applicant's statutory disqualifications through the Law Enforcement Information Network (LEIN) and the National Instant Criminal Background Check System (NICS) and reports any disqualifications to the county clerk (MCL 28.425b(6)).
• The county clerk is responsible for issuing either a CPL or a notice of statutory disqualification within 45 days after classifiable fingerprints are taken (MCL 28.425b(13)).

Application Process

Step 1: Submit Application and Pay Fee

The applicant must apply to the county clerk in the county in which the applicant resides and pay a nonrefundable application and licensing fee of $100.00 (MCL 28.425b(1), (5)). The application must be on a form provided by the MSP and is signed under oath. The county clerk issues the applicant a receipt at the time the application is submitted (MCL 28.425b(1)). Intentionally making a material false statement on the application is a felony punishable by up to 4 years imprisonment or a fine of up to $2,500.00, or both (MCL 28.425b(3)).

Step 2: Fingerprinting

After submitting the application and paying the fee, the applicant must request that classifiable fingerprints be taken by one of the following entities, if that entity provides fingerprinting capability for the purposes of the Firearms Act (MCL 28.425b(9)):

• County clerk
• Michigan State Police
• County sheriff
• Local police agency
• Other entity providing fingerprinting capability for purposes of the Firearms Act

Key fingerprinting details (MCL 28.425b(9)):

• The applicant must pay a $15.00 fee to the entity taking the fingerprints.
• The applicant must provide the entity with his or her application receipt issued under MCL 28.425b(1).
• The entity must take the fingerprints within 5 business days after the request.
• The entity must issue the applicant a receipt at the time the fingerprints are taken, containing the applicant's name, the date and time the receipt is issued, the amount paid, the name of the entity, and the applicant's driver license or state ID number.

An application is considered withdrawn if the applicant does not have fingerprints taken within 45 days after the application is filed (MCL 28.425b(1)).

Step 3: Issuance Timeline

• The county clerk must issue a CPL or a notice of statutory disqualification within 45 days after classifiable fingerprints are taken (MCL 28.425b(13)).
• Under MCL 28.425b(14), if a CPL or notice of statutory disqualification is not issued within 45 days after classifiable fingerprints are taken, the fingerprinting receipt serves as a CPL when carried with an official state-issued driver license or personal identification card. It is valid as a CPL until a CPL or notice of statutory disqualification is issued. Note: a fingerprinting-receipt CPL does NOT exempt the holder from the License-to-Purchase requirement. See "Purchase License Exemption Limitations" below.

Denial and Notice of Statutory Disqualification

If the county clerk issues a notice of statutory disqualification, the clerk must, not later than 5 business days after that notice, inform the individual in writing of the reasons for the denial. That notice must include a statement of each statutory disqualification identified, the source of the record for each disqualification, and the contact information for that source, and it must inform the individual of the right to appeal and to contact the record source to correct any errors (MCL 28.425b(13)(a)-(b)).

Renewal Process

• A CPL, including a renewal, is valid until the licensee's date of birth that falls not less than 4 years or more than 5 years after the license is issued or renewed (MCL 28.425l(1)).
• The renewal application and licensing fee is $123.00 (MCL 28.425l(1), (2)).
• The county clerk must issue a renewal CPL or a notice of statutory disqualification within 30 days after the renewal application is received (MCL 28.425l(3)).
• Per MCL 28.425l(6), if an individual applies for a renewal CPL before the expiration of the current CPL, the expiration date of the current CPL is extended until the renewal CPL or notice of statutory disqualification is issued.
• Per MCL 28.425l(7), a person carrying a concealed pistol after the expiration date of the CPL under a renewal extension must at all times possess:
  • The renewal receipt issued by the county clerk under MCL 28.425l(3), AND
  • His or her expired CPL
• The renewal receipt is considered part of the CPL until a renewal CPL is issued or denied, or until a notice of statutory disqualification is issued (MCL 28.425l(7)).

Emergency CPL

Under MCL 28.425a(4), a county clerk must issue an emergency license to carry a concealed pistol (emergency CPL) to an individual who:

1. Is eligible based on a LEIN criminal record check under the cross-referenced provisions of MCL 28.425b(7), AND
2. Meets one of the following conditions:
   • Has obtained a personal protection order issued under MCL 600.2950 or MCL 600.2950a, OR
   • A county sheriff has determined there is clear and convincing evidence to believe the safety of the applicant, or of a member of the applicant's family or household, is endangered by the applicant's inability to immediately obtain a CPL.

Emergency CPL details (MCL 28.425a(4)):

• An applicant for an emergency license must, within 10 business days after applying for the emergency license, complete a pistol training course under MCL 28.425j and apply for a regular CPL under MCL 28.425b. If the applicant does not complete a training course and apply for a regular CPL within those 10 business days, the emergency license is no longer valid.
• Except as otherwise provided, an emergency license is valid for 45 days or until the county clerk issues a notice of statutory disqualification, whichever occurs first.
• An individual cannot obtain more than 1 emergency license in any 5-year period.
• A county sheriff may charge a fee not to exceed $15.00 for the determination, record check, and fingerprints; a county clerk may charge a fee not to exceed $10.00 for printing an emergency license.
• An emergency license will indicate if the holder is exempt from the prohibitions against carrying a concealed pistol on the premises described in MCL 28.425o, if the applicant provides acceptable proof of the exemption.
• An emergency license does NOT exempt the holder from complying with all applicable laws for the purchase of firearms (MCL 28.425c(1)(i), MCL 28.422a(1)(a)).
• If the county clerk later issues a notice of statutory disqualification, the holder must immediately surrender an unexpired emergency license. An individual who fails to surrender it after being notified of a statutory disqualification is guilty of a misdemeanor punishable by up to 93 days imprisonment or a fine of up to $500.00, or both.

Carry Requirements for CPL Holders

Possession of CPL and Identification

Per MCL 28.425f(1)-(2), an individual licensed to carry a concealed pistol must have both of the following in his or her possession at all times while carrying a concealed pistol or a portable device that uses electro-muscular disruption (EMD) technology:

• The CPL, AND
• A state-issued driver license or personal identification card

Both items must be shown to a peace officer upon request. Under MCL 28.425f(4), violating the possession or display requirement is a state civil infraction punishable by a $100.00 fine.

Duty to Disclose

Per MCL 28.425f(3), a CPL holder who is carrying a concealed pistol or an EMD device and who is stopped by a peace officer must immediately disclose to the peace officer that he or she is carrying a pistol or an EMD device concealed on his or her person or in his or her vehicle.

A violation of the duty to disclose is a state civil infraction for both first and subsequent offenses (not a misdemeanor). The fines and license consequences under MCL 28.425f(5) are:

• First offense: a fine of $500.00 and the holder's CPL is suspended for 6 months.
• Subsequent offense within 3 years of a prior offense: a fine of $1,000.00 and the holder's CPL is revoked.

When an individual is found responsible for a civil infraction under MCL 28.425f(5), the peace officer notifies the MSP, which notifies the issuing county clerk, who must suspend or revoke the license accordingly (MCL 28.425f(6)).

Implied Consent and Carrying Under the Influence

Acceptance of a CPL constitutes implied consent to submit to a chemical analysis of breath, blood, or urine when a peace officer has probable cause to believe an individual is carrying a concealed pistol or EMD device in violation of MCL 28.425k (MCL 28.425k(1), (4)). This requirement also applies to individuals listed in MCL 28.432a who are exempt from the requirements for obtaining a CPL, including regularly employed police officers and nonresidents licensed by their state of residence (MCL 28.425k(1)).

MCL 28.425k(2) sets three distinct offense tiers for carrying a concealed pistol or EMD device while under the influence. Do not treat this as a single civil-infraction regime:

• (a) Under the influence, or .10 BAC or more: If the person was under the influence of alcoholic liquor or a controlled substance (or a combination), or had a bodily alcohol content of .10 or more, the person is guilty of a misdemeanor punishable by up to 93 days imprisonment or a $100.00 fine, or both. The court must order the county clerk to revoke the CPL (MCL 28.425k(2)(a)).
• (b) .08 to less than .10 BAC: The person is guilty of a misdemeanor punishable by up to 93 days imprisonment or a $100.00 fine, or both. The court must order the county clerk to suspend the CPL for 3 years (MCL 28.425k(2)(b)).
• (c) .02 to less than .08 BAC: The person is responsible for a state civil infraction and is fined $100.00. The county clerk must suspend the CPL for 1 year (MCL 28.425k(2)(c)).

"Under the influence" means the individual's ability to properly handle a pistol or to exercise clear judgment regarding its use was substantially and materially affected by the consumption of alcoholic liquor or a controlled substance (MCL 28.425k(8)(c)).

Refusal of a chemical test: Before requiring a chemical analysis, the peace officer must inform the individual that he or she may refuse, but that the officer may then obtain a court order requiring the analysis and that the refusal results in the individual's CPL being suspended for 6 months (MCL 28.425k(5)).

MCL 28.425k(3) does not prohibit a CPL holder who has any bodily alcohol content from transporting the pistol unloaded in the locked trunk, or in a locked compartment or container separated from the ammunition if the vehicle has no trunk, or from similarly transporting an EMD device.

Purchase License Exemption Limitations

Under MCL 28.422a(1)(a), an individual licensed under MCL 28.425b is generally not required to obtain a separate license to purchase a pistol. That exemption does NOT apply, however, to the following, who remain subject to the License-to-Purchase requirements of MCL 28.422:

• An individual with an emergency CPL issued under MCL 28.425a(4)
• An individual who has a fingerprinting receipt serving as a CPL under MCL 28.425b(9)
• An individual who has a renewal receipt serving as a CPL under MCL 28.425l(3)

Appeals Process

Per MCL 28.425d(1), an applicant may appeal to the circuit court in the judicial circuit in which the applicant resides if the county clerk issues a notice of statutory disqualification, fails to provide a required receipt, or fails to issue a CPL. The appeal is determined by a review of the record for error.

If the court determines the notice of statutory disqualification, the failure to provide a receipt, or the failure to issue a license was clearly erroneous or arbitrary and capricious, the court must order the county clerk to issue the license or receipt, and the court may order the responsible entity to refund the applicant's filing fees and, where the action was arbitrary and capricious, to pay the applicant's actual costs and attorney fees (MCL 28.425d(2)-(3)). If the court determines the appeal was frivolous, it must order the applicant to pay the responding entity's actual costs and attorney fees (MCL 28.425d(4)).

MCL 28.425d does not itself set a filing deadline. Any deadline for filing the appeal is governed by the applicable Michigan Court Rules for circuit court appeals, which can change independently of the Firearms Act. Confirm the current deadline with the court or counsel before filing.

Prior Legislation (Historical Note)

Senate Bills 76, 77, and 78 of the 2023-2024 session would have expanded Michigan's pistol-purchase license requirement to cover long guns (rifles and shotguns) and broadened related record-keeping rules. They did not become law in that session and have not been re-introduced as of 2026.

Michigan Concealed Carry Laws

Governing Statutes

Michigan's concealed carry laws are primarily governed by the Firearms Act, MCL 28.421 through MCL 28.435, and relevant provisions of the Michigan Penal Code, MCL 750.227 and the sections that follow it.

Concealed Pistol License (CPL): Overview

Under MCL 750.227(2), a person shall not carry a pistol concealed on or about his or her person, or carry a pistol (whether concealed or not) in a vehicle the person operates or occupies, except in the person's dwelling house, place of business, or on other land the person possesses, unless the person has a license to carry the pistol. A violation is a felony punishable by imprisonment for not more than 5 years, a fine of not more than $2,500.00, or both (MCL 750.227(3)). Exceptions to the MCL 750.227(2) prohibition are set out in MCL 750.231 (peace officers and other listed persons) and MCL 750.231a.

Definition of "Concealed"

Complete invisibility is not required. Carrying a pistol in a holster or belt outside the clothing is generally treated as open carry, not concealed carry, while carrying a pistol under a coat is carrying a concealed weapon (see Op. Atty. Gen. 1945, No. O-3158). Michigan courts have described a weapon as concealed if it is not observed by those casually observing the carrier as people do in the ordinary course and usual associations of life (People v. Reynolds, 38 Mich. App. 159 (1972)). Whether a pistol is concealed is generally a question of fact.

CPL Application Process

Issuing Authority

• Public Act 3 of 2015 amended the Firearms Act and eliminated all county concealed weapon licensing boards effective December 1, 2015. The county clerk is now responsible for storing CPL records and for issuing licenses, notices of statutory disqualification, suspensions, and revocations (MCL 28.425a(2)).
• The Michigan State Police (MSP) does not issue or deny CPL applications. The MSP verifies an applicant's eligibility through the Law Enforcement Information Network (LEIN) and reports statutory disqualifications to the county clerk (MCL 28.425a(3); MCL 28.425b(6)).
• The county clerk must issue either a CPL or a notice of statutory disqualification not later than 45 days after the date the applicant has classifiable fingerprints taken (MCL 28.425b(13)).

Fingerprinting

• After submitting an application and paying the required application fee, the applicant must request that classifiable fingerprints be taken by the county clerk, the MSP, a county sheriff, a local police agency, or another authorized entity (MCL 28.425b(9)).
• The entity must take the fingerprints within 5 business days after the request (MCL 28.425b(9)).
• The applicant must pay a fee of $15.00 to the entity taking the fingerprints (MCL 28.425b(9)).
• A receipt is issued at the time the fingerprints are taken. It must contain the applicant's name, the date and time, the amount paid, the name of the fingerprinting entity, and the applicant's state-issued driver license or personal identification card number (MCL 28.425b(9)(a)-(f)).

Fingerprinting Receipt as Temporary CPL

Under MCL 28.425b(14), if a license or notice of statutory disqualification is not issued within 45 days after the date the applicant had classifiable fingerprints taken, the fingerprinting receipt issued under MCL 28.425b(9) serves as a concealed pistol license when carried with a state-issued driver license or personal identification card. It is valid until a license or a notice of statutory disqualification is issued by the county clerk. The receipt does not exempt the holder from complying with all applicable laws for the purchase of firearms.

CPL Renewal

• A CPL, including a renewal 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. The renewal application and licensing fee is $115.00 (MCL 28.425l(1)).
• The county clerk must issue a renewal license or a notice of statutory disqualification within 30 days after the date the renewal application is received (MCL 28.425l(3)).
• If an individual applies for renewal before the expiration of the current license, the expiration date of the current license is extended until the renewal license or notice of statutory disqualification is issued (MCL 28.425l(6)).
• A person who carries a concealed pistol after the expiration date under that extension must keep the renewal receipt and the expired license in his or her possession at all times while carrying. For purposes of the act, the receipt is considered part of the CPL until a renewal license is issued or denied or a notice of statutory disqualification is issued (MCL 28.425l(7)).

Emergency CPL

Under MCL 28.425a(4), a county clerk shall issue an emergency CPL to an individual if either of the following applies:

1. The individual has obtained a personal protection order issued under MCL 600.2950 or MCL 600.2950a, or
2. A county sheriff determines that there is clear and convincing evidence to believe that the safety of the individual, or of a member of the individual's family or household, is endangered by the individual's inability to immediately obtain a CPL.

The applicant must still be eligible based on a criminal record check through LEIN.

Key conditions and limits on an emergency CPL (all under MCL 28.425a(4)):

• The individual must, within 10 business days after applying for the emergency license, complete a pistol training course under section 5j and apply for a regular CPL under section 5b. If the individual does not do both within that 10-business-day period, the emergency license is no longer valid.
• An emergency license is valid for 45 days, or until the county clerk issues a notice of statutory disqualification, whichever occurs first.
• A county sheriff may charge a fee of not more than $15.00 for the determination, criminal record check, and fingerprinting. A county clerk may charge a fee of not more than $10.00 for printing the emergency license.
• An individual may not obtain more than 1 emergency license in any 5-year period.
• The license will indicate if the holder is exempt from the pistol-free-zone prohibitions in section 5o, if the applicant provides acceptable proof of that exemption.
• If the county clerk issues a notice of statutory disqualification, the holder must immediately surrender an unexpired emergency license. Failure to surrender after being notified of a statutory disqualification is a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500.00, or both.

Carrying Requirements for CPL Holders

Possession of CPL and Identification

MCL 28.425f(1) and (2) require an individual licensed to carry a concealed pistol to have, at all times while carrying a concealed pistol or a portable device that uses electro-muscular disruption (EMD) technology, both:

• The license to carry the concealed pistol, and
• A state-issued driver license or personal identification card.

The individual must show both items to a peace officer upon request. An individual who violates subsection (1) or (2) is responsible for a state civil infraction and shall be fined $100.00 (MCL 28.425f(4)).

Duty to Disclose to a Peace Officer

MCL 28.425f(3) requires a Michigan CPL holder who is carrying a concealed pistol or an EMD device and who is stopped by a peace officer to immediately disclose to the peace officer that he or she is carrying a pistol or EMD device concealed upon his or her person or in his or her vehicle.

• This duty applies only to individuals licensed under the act and only when carrying a concealed pistol or EMD device at the time of the stop.
• A violation of the duty to disclose is a state civil infraction for both a first and any subsequent offense (it is not a misdemeanor). Under MCL 28.425f(5):
  • First offense: state civil infraction, a fine of $500.00, and the CPL suspended for 6 months (MCL 28.425f(5)(a)).
  • Subsequent offense within 3 years of a prior offense: state civil infraction, a fine of $1,000.00, and the CPL revoked (MCL 28.425f(5)(b)).
• If an individual is found responsible under subsection (5), the peace officer notifies the MSP, which notifies the county clerk to suspend or revoke the license (MCL 28.425f(6)).

Note: courts have held that simply handing a peace officer your CPL is not, by itself, immediate disclosure. You must verbally disclose that you are carrying.

Carrying Under the Influence: Implied Consent and Penalties

Under MCL 28.425k(1), acceptance of a CPL constitutes implied consent to submit to a chemical analysis under that section. An individual shall not carry a concealed pistol or EMD device while under the influence of alcoholic liquor or a controlled substance, or while having a prohibited bodily alcohol content (MCL 28.425k(2)).

A peace officer who has probable cause to believe an individual is carrying in violation of this section may require a chemical analysis of breath, blood, or urine (MCL 28.425k(4)). Before requiring the test, the officer must advise the individual that he or she may refuse, but that the officer may obtain a court order requiring the test and that refusal results in a 6-month CPL suspension (MCL 28.425k(5)).

"Under the influence of alcoholic liquor or a controlled substance" means that the individual's ability to properly handle a pistol or to exercise clear judgment regarding the use of that pistol was substantially and materially affected by the consumption of alcoholic liquor or a controlled substance (MCL 28.425k(8)(c)).

Penalty Tiers (MCL 28.425k(2))

These three tiers are distinct and should not be combined:

• Under the influence, or bodily alcohol content of .10 or more: misdemeanor punishable by imprisonment for not more than 93 days or a fine of $100.00, or both. The court orders the county clerk to revoke the CPL (MCL 28.425k(2)(a)).
• Bodily alcohol content of .08 or more but less than .10: misdemeanor punishable by imprisonment for not more than 93 days or a fine of $100.00, or both. The court orders the county clerk to suspend the CPL for 3 years (MCL 28.425k(2)(b)).
• Bodily alcohol content of .02 or more but less than .08: state civil infraction with a fine of $100.00. The MSP notifies the county clerk to suspend the CPL for 1 year (MCL 28.425k(2)(c)).

Refusal of a Chemical Test

If a person refuses to take a chemical test authorized under this section, the person is responsible for a state civil infraction and shall be fined $100.00. The MSP notifies the county clerk, who shall suspend the license for 6 months (MCL 28.425k(7)).

Pistol-Free Zones (MCL 28.425o)

A CPL holder shall not carry a concealed pistol on the premises of any of the following (MCL 28.425o(1)):

1. A school or school property. A parent or legal guardian of a student is not precluded from carrying a concealed pistol while in a vehicle on school property when dropping the student off or picking the student up. "School" and "school property" mean those terms as defined in MCL 750.237a.
2. A public or private child care center or day care center, child caring institution, or child placing agency.
3. A sports arena or stadium.
4. A bar or tavern licensed under the Michigan liquor control code where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises. This does not apply to an owner or employee of the business.
5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official permits the carrying of a concealed pistol there.
6. An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has that capacity, or that posts that capacity above each public entrance.
7. A hospital.
8. A dormitory or classroom of a community college, college, or university.

A CPL holder also shall not carry a concealed pistol in a casino in violation of R 432.1212 of the Michigan Administrative Code, promulgated under the Michigan gaming control and revenue act, MCL 432.201 to 432.226 (MCL 28.425o(3)).

"Premises" for purposes of subsection (1) does not include the parking areas of these places (MCL 28.425o(4)).

Pistol-Free Zone Penalties (MCL 28.425o(6))

• First violation: state civil infraction, a fine of not more than $500.00, and a 6-month CPL suspension (MCL 28.425o(6)(a)).
• Second violation: misdemeanor punishable by a fine of not more than $1,000.00, and the CPL revoked (MCL 28.425o(6)(b)).
• Third or subsequent violation: felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both, and the CPL revoked (MCL 28.425o(6)(c)).

Pistol-Free Zone Exemptions (MCL 28.425o(5))

Subsections (1) and (2) do not apply to the following individuals when licensed under the act:

• A retired police officer, retired law enforcement officer, or retired federal law enforcement officer.
• A person employed or contracted by a listed entity to provide security services who is required to carry a concealed firearm on the premises.
• A licensed private investigator or private detective.
• A corrections officer (or qualifying retired corrections officer) of a county sheriff's department with approved weapons training.
• A motor carrier officer or capitol security officer of the MSP.
• A member of a sheriff's posse.
• An auxiliary or reserve officer of a police or sheriff's department.
• A parole, probation, or corrections officer, or absconder recovery unit member, of the Department of Corrections with a department weapons permit (and qualifying retirees with such a permit).
• A state court judge or retired state court judge, a court officer, or a peace officer.

Other Premises Restrictions (MCL 750.234d)

A separate statute, MCL 750.234d(1), prohibits possessing a firearm on the premises of a depository financial institution, a church or other house of religious worship, a court, a theatre, a sports arena, a day care center, a hospital, or an establishment licensed under the Michigan liquor control code. Under MCL 750.234d(2)(c), this prohibition does not apply to a person licensed by Michigan or another state to carry a concealed weapon. A CPL holder is therefore not subject to the MCL 750.234d(1) premises list, though the separate pistol-free-zone rules in MCL 28.425o still apply to concealed carry.

The CPL exemption that applies to the listed-premises prohibition lives in MCL 750.234d(2)(c), while the voting locations have their own separate exemption list in MCL 750.234d(4). The voting prohibitions in MCL 750.234d(3) bar possessing a firearm in or within 100 feet of a polling place while the polls are open (MCL 750.234d(3)(a)), and in or within 100 feet of an early voting site on any day early voting is conducted (MCL 750.234d(3)(b)), among other election-related locations. A CPL holder is exempt from those subsection (3) voting-location restrictions under MCL 750.234d(4)(c), which exempts a person carrying a concealed pistol who is licensed to do so. The other subsection (4) exemptions cover peace officers (MCL 750.234d(4)(a)) and possession in one's own residence or on one's own private property (MCL 750.234d(4)(b)). The CPL exemption does not reach an absent voter counting place under subsection (6).

Open Carry

In Michigan, a person may carry a firearm openly in public so long as the person carries it with lawful intent and the firearm is not concealed. No Michigan statute expressly authorizes open carry; it is lawful because no statute prohibits it for a person otherwise eligible to possess a firearm.

• A CPL holder is not required to carry concealed. A CPL holder may carry a pistol concealed or openly.
• There is no lawful way to carry a pistol openly inside a vehicle without a license. A person who carries a pistol in a vehicle without a license to carry may violate MCL 750.227(2).

Transporting a Pistol in a Vehicle

MCL 750.227(2) makes it a felony to carry a pistol in a vehicle the person operates or occupies (whether concealed or not) without a license to carry, except in the person's dwelling house, place of business, or on other land the person possesses.

MCL 750.231a sets out exceptions to MCL 750.227(2). It does not enumerate a list of specific destinations or activities. The relevant transport exceptions are:

• A person holding a valid license to carry a pistol concealed issued by his or her state of residence, except where the pistol is carried in nonconformance with a restriction on the license (MCL 750.231a(1)(a)).
• A person carrying an antique firearm completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle (MCL 750.231a(1)(c)).
• A person transporting a pistol for a lawful purpose if the pistol is licensed (registered) by the owner or occupant of the vehicle in compliance with MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle (MCL 750.231a(1)(d)).
• The same lawful-purpose transport in a vehicle that does not have a trunk, if the pistol is unloaded in a closed case designed for the storage of firearms and is not readily accessible to the occupants of the vehicle (MCL 750.231a(1)(e)).

In short, a person without a CPL who transports a pistol for a lawful purpose must have the pistol registered under MCL 28.422, unloaded, in a closed case designed for storing firearms, and either in the trunk or, in a vehicle without a trunk, in a place not readily accessible to occupants. The statute uses the phrase "for a lawful purpose" without listing particular destinations.

Non-Resident Concealed Carry

A non-resident's authority to carry in Michigan comes from two provisions read together:

• MCL 750.231a(1)(a) excepts from the MCL 750.227(2) concealed-pistol prohibition a person who holds a valid license to carry a pistol concealed issued by his or her state of residence, except where the pistol is carried in nonconformance with a restriction on the license.
• MCL 28.422(9) provides that a non-resident is not required to obtain a Michigan license to purchase, carry, or transport a pistol if all of the following apply: the individual is licensed in his or her state of residence to purchase, carry, or transport a pistol (MCL 28.422(9)(a)); the individual has that license in possession (MCL 28.422(9)(b)); the individual is the owner of the pistol (MCL 28.422(9)(c)); the individual possesses the pistol for a lawful purpose (MCL 28.422(9)(d)); and the individual is in Michigan for a period of 180 days or less and does not intend to establish residency in Michigan (MCL 28.422(9)(e)).

Practical points for non-residents:

• Michigan recognizes a concealed pistol license only from the holder's state of residence. A non-resident permit from a state where the visitor does not reside (for example, a non-resident Utah or Florida permit held by a visitor who lives in Illinois) does not provide carry authority in Michigan.
• A non-resident relying on MCL 28.422(9) must own the pistol he or she is carrying or transporting and must be present in Michigan for 180 days or less with no intent to establish residency.
• A non-resident must present the license described in MCL 28.422(9)(a) upon the demand of a police officer. A violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both (MCL 28.422(10)).
• A non-resident carrying under these provisions is subject to Michigan's laws governing where and how a concealed pistol may be carried, including the pistol-free zones in MCL 28.425o.

Appeals Process

If the county clerk issues a notice of statutory disqualification, the clerk must, not later than 5 business days after that notice, inform the individual in writing of the reasons for the denial or disqualification (including each statutory disqualification, its record source, and contact information for that source) (MCL 28.425b(13)(a)), inform the individual in writing of the right to appeal the denial or notice of statutory disqualification to the circuit court as provided in section 5d (MCL 28.425b(13)(b)), and inform the individual that he or she should contact the record source to correct any errors (MCL 28.425b(13)(c)).

An applicant may appeal to the circuit court of the county in which the applicant resides under MCL 28.425d.

License to Purchase Requirements

A valid Michigan CPL generally exempts the holder from the separate license-to-purchase requirement for a pistol (MCL 28.422). However, under MCL 28.422a(1)(a), the following are not exempt from the license-to-purchase requirement based solely on holding one of these documents:

• An individual with an emergency CPL under MCL 28.425a,
• An individual with a fingerprinting receipt serving as a CPL under MCL 28.425b(9), and
• An individual with a renewal receipt serving as a CPL under MCL 28.425l.

A person with a regular valid Michigan CPL does not need a separate license to purchase but must still comply with applicable firearm record and registration requirements (MCL 28.422a).

Contact Information

Michigan State Police CPL Unit:

• Mail: P.O. Box 30634, Lansing, MI 48909-0634
• Email: [email protected]

Federal Context

N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), eliminated discretionary "proper cause" or "good cause" concealed-carry frameworks and required states to apply objective issuance criteria, converting formerly may-issue states to shall-issue. Michigan was already a shall-issue state before Bruen, so the decision affects Michigan primarily through its historical-tradition test for evaluating later Second Amendment claims rather than by changing how CPLs are issued.

Open Carry Laws in Michigan

General Legality

Open carry is legal in Michigan. There is no specific Michigan statute that expressly authorizes open carry. Instead, it is legal because no Michigan law prohibits it. As the Michigan State Police explained in Legal Update No. 86 (October 26, 2010):

"In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed."

"You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm."

Open carry is therefore best understood as carrying that is lawful by default but heavily restricted by the location rules, registration rules, and vehicle rules described below. Carrying a pistol that you may lawfully possess in a holster in plain view, on foot, in a public place that is not a prohibited premises, is the core of lawful open carry without a CPL.

Who May Open Carry

Residents

• Must be at least 18 years old.
• Must be able to legally possess a firearm.
• The pistol must be one the person lawfully acquired and registered (a pistol obtained in compliance with the License-to-Purchase and Pistol Sales Record requirements of MCL 28.422).
• Without a CPL, a person generally may not carry a pistol that belongs to someone other than themselves. The exception that lets one person carry another person's pistol is at MCL 28.432(1)(i), and it requires the carrier to hold a CPL under section 5b or to be exempt from licensure under section 12a. It is not a general open-carry permission for non-CPL holders.

Non-Residents

Michigan recognizes an out-of-state concealed pistol license only if the holder is a resident of the state that issued it. Under MCL 28.432a(h), the requirement to obtain a Michigan CPL does not apply to "a resident of another state who is licensed by that state to carry a concealed pistol." A permit held by someone who is not a resident of the issuing state is not recognized.

• A qualifying non-resident with a recognized out-of-state CPL may carry a pistol in Michigan, concealed or non-concealed, subject to the same location limits that apply to Michigan CPL holders.
• The parallel exception to the criminal concealed-pistol prohibition is at MCL 750.231a(1)(a), which provides that MCL 750.227(2) does not apply to "a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence," except where the pistol is carried in nonconformance with a restriction on the license.
• An officer may verify that the person actually resides in the state that issued the license. If the person does not reside in the issuing state, Michigan does not recognize the license.

Non-Residents Without a Michigan or Recognized CPL

MCL 28.422(9) provides that a non-resident is not required to obtain a Michigan license for a pistol if all of the following conditions apply:

1. The individual is licensed in the individual's state of residence to purchase, carry, or transport a pistol. (28.422(9)(a))
2. The individual is in possession of that license. (28.422(9)(b))
3. The individual is the owner of the pistol the individual possesses, carries, or transports. (28.422(9)(c))
4. The individual possesses the pistol for a lawful purpose. (28.422(9)(d))
5. The individual is in Michigan for 180 days or less and does not intend to establish residency in Michigan. (28.422(9)(e))

Under MCL 28.422(10), a non-resident must present that license on the demand of a police officer. Failure to do so is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

Brandishing vs. Open Carry

Open carry in a holster does not, by itself, constitute "brandishing" under Michigan law. MCL 750.234e(1) provides that, except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public. Under MCL 750.234e(3), a violation is a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

MCL 750.234e(2) provides two exceptions. The prohibition does not apply to:

• (2)(a) A peace officer lawfully performing his or her duties as a peace officer.
• (2)(b) A person lawfully acting in self-defense or defense of another under the Self-Defense Act, 2006 PA 309, MCL 780.971 to 780.974.

Per Attorney General Opinion No. 7101 (February 6, 2002):

"A reserve police officer, by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public."

"A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm."

The term "brandishing" is not defined in MCL 750.234e, and the Attorney General noted there were no reported Michigan cases defining the term at the time of the opinion. The Attorney General relied on dictionary definitions:

• "To wave or flourish menacingly, as a weapon"
• "To display ostentatiously"
• "A menacing or defiant wave or flourish"

Federal case law was also cited: United States v. Moerman, 233 F3d 379 (CA 6, 2000).

Concealed vs. Open Carry Definition

Per the Michigan State Police Legal Update No. 86:

"The carrying of a pistol in a holster or belt outside the clothing is not carrying a concealed weapon. Carrying a pistol under a coat is carrying a concealed weapon." (Op. Atty. Gen. 1945, O-3158)

According to People v. Reynolds, 38 Mich App 159 (1970), a weapon is concealed if it is not observed by those casually observing the suspect as people do in the ordinary course and usual associations of life.

Prohibited Locations Without a CPL

MCL 750.234d - Possession of a Firearm on Certain Premises

Under MCL 750.234d(1), a person who is not within one of the exemptions in subsection (2) shall not possess a firearm on the premises of any of the following:

1. A depository financial institution (for example, a bank or credit union) or a subsidiary or affiliate of one. (234d(1)(a))
2. A church or other house of religious worship. (234d(1)(b))
3. A court. (234d(1)(c))
4. A theatre. (234d(1)(d))
5. A sports arena. (234d(1)(e))
6. A day care center. (234d(1)(f))
7. A hospital. (234d(1)(g))
8. An establishment licensed under the Michigan Liquor Control Code of 1998, MCL 436.1101 to 436.2303. (234d(1)(h))

Important note on liquor-licensed establishments: The operative word is "licensed." It does not matter whether alcohol is actually sold or consumed at the moment. Any establishment holding a license under the Michigan Liquor Control Code is covered.

Violation: Under MCL 750.234d(8), a violation of this section is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

Exemptions from MCL 750.234d(1)

Under MCL 750.234d(2), subsection (1) does not apply to:

• A person who owns, or is employed or contracted by, the entity, if the firearm is possessed to provide security services for that entity. (234d(2)(a))
• A peace officer. (234d(2)(b))
• A person licensed by this state or another state to carry a concealed weapon. (234d(2)(c)) The statute as written does not contain a separate "state of residence" restriction in this exemption. The residence-of-the-issuing-state limitation comes from MCL 28.432a(h), which governs whose out-of-state license Michigan recognizes for carrying in the first place; it is not part of the text of the 750.234d(2)(c) exemption.
• A person who possesses the firearm on the premises with the permission of the owner or an agent of the owner. (234d(2)(d))

Permission exception: If you do not have a CPL and you receive permission from the owner or an agent of the owner, you may possess a firearm on that premises under subsection (2)(d). Getting that permission in writing is prudent but not required by the statute.

MCL 750.234d Election-Related Prohibited Locations (Effective April 2, 2025)

MCL 750.234d was amended by 2024 PA 157 and 2024 PA 158, effective April 2, 2025, to add firearm prohibitions tied to elections. Under MCL 750.234d(3), except as provided in subsection (4), a person shall not:

• (3)(a) While the polls are open on an election day, possess a firearm in a polling place or within 100 feet from any entrance to a building in which a polling place is located.
• (3)(b) On any day early voting is conducted, possess a firearm at an early voting site or within 100 feet from any entrance to a building in which an early voting site is located.
• (3)(c) For 40 days before an election, possess a firearm within 100 feet from any absent voter ballot drop box.
• (3)(d) For the 40 days before an election when an absent voter can vote in person with the clerk, possess a firearm in a city or township clerk's office (or an official staffed satellite office), or within 100 feet from any entrance to such an office.

MCL 750.234d(6) separately prohibits possessing a firearm in an absent voter counting place, or within 100 feet of any entrance to one, while absent voter ballots are being processed (subject to the uniformed-law-enforcement exception in subsection (7)).

Under MCL 750.234d(4), the subsection (3) prohibitions do not apply to a peace officer (4)(a), to a person possessing a firearm in that person's own residence or on that person's own private property (or another person with permission to do so there) (4)(b), or to a person carrying a concealed pistol who is licensed by this state or another state to carry a concealed pistol (4)(c). Under MCL 750.234d(5), subsection (3) also does not apply to a person who is lawfully transporting or possessing a firearm in a vehicle.

The practical effect for open carriers is significant. Because a person licensed to carry a concealed pistol is exempted (when carrying concealed) and lawful vehicle transport is exempted, these election-day and election-period rules fall most directly on open carry. If you are openly carrying a firearm on foot near a polling place, early voting site, drop box, clerk's office, or counting place during the applicable period, you are within the prohibition unless another exemption applies. A violation is a 90-day misdemeanor under MCL 750.234d(8).

MCL 750.237a - Weapon-Free School Zones

MCL 750.237a does not make every offense or every felony in a school zone a uniform crime. It works in three distinct ways:

• MCL 750.237a(1) lists specific weapon offenses (for example, sections 224, 226, 227, and certain others enumerated in the statute) that, when committed in a weapon-free school zone, are a felony with enhanced penalties.
• MCL 750.237a(2) lists a different set of specified offenses (including 224d, 227c, 227d, 233, 234, 234e, 234f, and others) that, when committed in a weapon-free school zone, are a misdemeanor with enhanced penalties.
• MCL 750.237a(4) is a standalone offense. Except as provided in subsection (5), an individual who possesses a weapon in a weapon-free school zone is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, community service for not more than 100 hours, or a fine of not more than $2,000.00, or a combination.

A "weapon-free school zone" is defined in MCL 750.237a(6)(e) as school property and a vehicle used by a school to transport students to or from school property. "School" is limited to a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12, and excludes buildings used primarily for adult education or college extension courses.

Exemptions from the possession offense. Under MCL 750.237a(5), the subsection (4) possession offense does not apply to a defined set of people, including:

• An individual employed or contracted by a school to provide security services. (237a(5)(a))
• A peace officer. (237a(5)(b))
• An individual licensed by this state or another state to carry a concealed weapon. (237a(5)(c))
• An individual possessing a weapon provided by the school or instructor for instruction in its use. (237a(5)(d))
• An individual possessing a firearm on school property with the permission of the school's principal or designated agent or the school board. (237a(5)(e))
• An adult who is not a student and who is transporting a student, while carrying an unloaded firearm in a closed case in the trunk under the specific conditions listed in subsection (5)(f).

A CPL is one of the exemptions to the subsection (4) possession offense, but it is not the only one, and it does not exempt a person from the specific weapon offenses enumerated in subsections (1) and (2). Do not assume that holding a CPL makes any conduct in a school zone lawful.

Open Carry Advantages for CPL Holders

A CPL meaningfully expands where a person may lawfully carry:

• The MCL 750.234d(1) premises listed above (bank, church, court, theatre, sports arena, day care center, hospital, liquor-licensed establishment) do not apply to a person licensed to carry a concealed weapon, under MCL 750.234d(2)(c). A CPL holder may carry in those locations.
• A CPL holder is not required by law to carry concealed. They may carry concealed or non-concealed (open).

MCL 28.425o - Pistol-Free Zones (Concealed Carry Only)

MCL 28.425o(1) provides that, subject to the exemptions in subsection (5), a person licensed to carry a concealed pistol (or exempt from licensure under section 12a(h)) shall not carry a concealed pistol on the premises of the following (parking areas are excluded by subsection (4)):

1. A school or school property, except that a parent or legal guardian is not precluded from carrying a concealed pistol while in a vehicle on school property when dropping off or picking up a student. (28.425o(1)(a))
2. A public or private child care or day care center, child caring institution, or child placing agency. (28.425o(1)(b))
3. A sports arena or stadium. (28.425o(1)(c))
4. A bar or tavern licensed under the Michigan Liquor Control Code where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises (this does not apply to an owner or employee). (28.425o(1)(d))
5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official permits it. (28.425o(1)(e))
6. An entertainment facility with a seating capacity of 2,500 or more. (28.425o(1)(f))
7. A hospital. (28.425o(1)(g))
8. A dormitory or classroom of a community college, college, or university. (28.425o(1)(h))
9. A casino, under R 432.1212 of the Michigan Administrative Code. (28.425o(3))

Penalties under MCL 28.425o(6): A first violation is a state civil infraction, with a fine of not more than $500.00 and a court-ordered 6-month suspension of the CPL. A second violation is a misdemeanor, with a fine of not more than $1,000.00 and a court-ordered revocation of the CPL. A third or subsequent violation is a felony punishable by up to 4 years or a fine of not more than $5,000.00, or both, with revocation of the CPL.

Critical distinction: These restrictions apply only to concealed carry by a CPL holder. If a CPL holder carries the pistol non-concealed (open), MCL 28.425o by its terms does not apply, because the statute prohibits carrying a "concealed" pistol in those places.

As the Michigan State Police have explained, a person with a valid CPL may carry a non-concealed pistol in the areas described in MCL 28.425o and MCL 750.234d(1).

However, several important limits apply before relying on open carry to enter a pistol-free zone:

• K-12 schools: In Mich. Gun Owners, Inc. v. Ann Arbor Pub. Schs., 502 Mich 695 (2018), the Michigan Supreme Court held that a school district may, as a matter of local policy, ban open carry on school property, and that such a ban is not preempted by state law. Mich. Open Carry, Inc. v. Clio Area Sch. Dist., 502 Mich 919 (2018), reached the same conclusion. Separately, the MCL 750.237a(4) weapon-free school zone possession offense still applies unless one of the subsection (5) exemptions fits.
• Federal Gun-Free School Zones Act: 18 USC 922(q) imposes its own restrictions within 1,000 feet of a K-12 school, with a narrow exception for a person licensed by the state in which the school is located.
• Court facilities: Courts are off-limits under MCL 750.234d(1)(c) for those without a recognized CPL, and remain off-limits to everyone, concealed or open, under Michigan Supreme Court Administrative Order 2001-1 (see the PROHIBITED_PLACES section).
• Private property: Owners may prohibit firearms on their premises regardless of CPL status; remaining after being told to leave can be charged as trespass under MCL 750.552.
• Federal facilities: Post offices, federal courthouses, and similar facilities remain off-limits under 18 USC 930.

Open Carry in Vehicles

There is no lawful way to "open carry" a pistol in a vehicle in Michigan without a CPL or a statutory exception. Under MCL 750.227(2), it is a felony to carry a pistol, "whether concealed or otherwise," in a vehicle operated or occupied by the person, without a license to carry the pistol:

"A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license."

Under MCL 750.227(3), a violation is a felony punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500.00. A person without a CPL or another exception who transports a pistol in a vehicle to a place where they intend to open carry can violate MCL 750.227(2).

Lawful Transportation Exceptions - MCL 750.231a

MCL 750.231a sets out exceptions to the MCL 750.227(2) vehicle-carry prohibition. The two that matter most for a person without a Michigan CPL are:

• MCL 750.231a(1)(d): Transporting a pistol for a lawful purpose, where the pistol is licensed by the owner or occupant of the vehicle in compliance with MCL 28.422 and is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
• MCL 750.231a(1)(e): The same, in a vehicle that does not have a trunk, where the licensed (under MCL 28.422) pistol is unloaded, cased, and kept so that it is not readily accessible to the occupants of the vehicle.

The statute also exempts a person holding a valid concealed pistol license issued by his or her state of residence (MCL 750.231a(1)(a), which in practice most often applies to out-of-state visitors) and a person carrying an antique firearm unloaded in a closed case in the trunk (MCL 750.231a(1)(c)).

The statutory text requires four things for the non-CPL transport exceptions: the pistol must be licensed by the owner or occupant of the vehicle under MCL 28.422, unloaded, in a closed case designed for the storage of firearms, and in the trunk (or, with no trunk, kept not readily accessible). A pistol that is not licensed under MCL 28.422 does not qualify for these subsections. The statute itself does not address whether a detachable magazine may be loaded, and it does not contain an enumerated list of "lawful purposes." Treat any detailed magazine handling or step-by-step procedure as practical guidance, not as language found in MCL 750.231a.

Lawful Purposes (From Michigan State Police Guidance)

The Michigan State Police and widely used firearms-law guides describe "lawful purpose" transport situations that include, among others:

• Going to or from a hunting or target shooting area
• Going to or from a place of repair
• Moving goods from one home or business to another home or business
• Going to or from a law enforcement agency (for example, for a safety inspection or to surrender the pistol)
• Going to or from a gun show or a place of sale or purchase
• Going to or from a public shooting facility or public land where shooting is lawful
• Going to or from private property where the pistol may be lawfully used

These descriptions are drawn from official guidance and from the broader statutory scheme (including the License-to-Purchase framework in MCL 28.422 and the exemptions in MCL 28.432a). They are not a verbatim list inside MCL 750.231a, so the governing requirements remain unloaded, cased, and in the trunk for the actual transport.

Suggested Transportation Procedure (Without a CPL)

The following is a practical, conservative procedure, not statutory text. It is designed to satisfy the unloaded, cased, and trunk requirements of MCL 750.231a(1)(d) and (e).

To transport (leaving a location):

1. Step to the back of the vehicle with your firearm case.
2. With both the case and the firearm completely outside the vehicle, set the case down.
3. Unholster, remove the magazine, and clear any chambered round.
4. Place the completely unloaded pistol in the closed case.
5. Place the case in the trunk (or, with no trunk, the point furthest from the occupants and not readily accessible).
6. Close the trunk.

To retrieve (arriving at a destination):

1. Open the trunk and remove the cased firearm.
2. Step completely outside the vehicle with the case.
3. Open the case.
4. Load the firearm.
5. Holster.
6. Return the empty case to the trunk.

Private Property Rights

A private property owner may prohibit individuals from carrying firearms on the owner's property, whether concealed or open, and regardless of CPL status. A person who remains on the property after being told to leave may be charged with trespassing under MCL 750.552.

Pistol Registration Requirements

MCL 28.422(1) provides that, except as otherwise provided, a person shall not purchase, carry, possess, or transport a pistol in Michigan without first having obtained a license for the pistol as prescribed in that section.

• A person with a valid Michigan CPL does not have to obtain a separate License to Purchase, but still records the acquisition using a Pistol Sales Record (MCL 28.422a). A seller who fails to comply with the recording and return requirements of MCL 28.422(5) is responsible for a state civil infraction (up to a $250.00 fine).
• Under MCL 28.422(6), the buyer may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while in possession of a copy of the license.
• After that 30-day period, the buyer is not required to have the license in their possession while carrying, using, possessing, or transporting the pistol.

State Preemption of Local Firearms Regulation

MCL 123.1102 expressly prohibits local units of government from regulating firearms except as otherwise provided by federal or state law. The Michigan Court of Appeals in Michigan Coalition for Responsible Gun Owners v. Ferndale, 256 Mich App 401 (2003), held that state law occupies the field of firearm regulation to the exclusion of local units of government.

In Capital Area District Library v. Michigan Open Carry, Inc., No. 304582 (Mich. Ct. App., October 25, 2012), the Court of Appeals extended this field-preemption analysis to district libraries established under the District Library Establishment Act (MCL 397.171 et seq.), reversing a trial court ruling that had upheld a library weapons ban. The court applied the People v. Llewellyn preemption test and concluded that field preemption applies to quasi-municipal agencies like district libraries. The practical result is that district libraries cannot ban open carry on their premises, because such a ban would be impermissible local regulation of firearms.

Note that this state preemption analysis does not override the K-12 school-property holdings in Ann Arbor Public Schools and Clio Area School District, where the Michigan Supreme Court allowed school districts to adopt open-carry bans on school property.

Fourth Amendment Protections and Law Enforcement Encounters

Per the Michigan State Police Legal Update No. 86:

"Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non-concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol."

"Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation."

Key Statutes Reference

Ambiguities and Notes

• "Lawful intent," as referenced in the open-carry standard, is not specifically defined in the cited statutes.
• "Brandishing" is not defined in MCL 750.234e. Attorney General Opinion No. 7101 relies on dictionary definitions, and the prohibition turns on a willful and knowing display in a threatening manner.
• The MCL 750.234d election-location prohibitions took effect April 2, 2025 (2024 PA 157 and 2024 PA 158). They restrict open carry most directly, because concealed-carry licensees carrying concealed and persons lawfully transporting a firearm in a vehicle are exempted.
• MCL 750.237a does not make every offense in a school zone a felony. It enhances only the specific offenses listed in subsections (1) and (2), and separately makes mere possession of a weapon a misdemeanor under subsection (4), subject to the subsection (5) exemptions.

Source Information

• Michigan Legislature (primary statutes): MCL 28.422, 28.425o, 28.432, 28.432a, 750.227, 750.231a, 750.234d, 750.234e, and 750.237a (legislature.mi.gov, scraped 2026-06-25).
• Michigan State Police: Legal Update No. 86 (October 26, 2010).
• Michigan Department of Attorney General: Opinion No. 7101 (February 6, 2002).
• Michigan Court of Appeals: Capital Area District Library v. Michigan Open Carry, Inc., No. 304582 (October 25, 2012).
• Secondary cross-check: handgunlaw.us Michigan summary (used to confirm practical facts; the primary MCL statute governs on any conflict).

Constitutional Carry in Michigan

Current Status

Michigan does NOT have constitutional carry (permitless carry). To carry a concealed pistol in public, an adult must complete an approved pistol training course and obtain a state-issued Concealed Pistol License (CPL) under Michigan's Firearms Act, MCL 28.421 through MCL 28.435 (1927 PA 372, as amended). Carrying a concealed pistol without a license, and without qualifying for a statutory exception, is prohibited by MCL 750.227(2) and is a felony punishable by up to 5 years' imprisonment or a fine of up to $2,500.00 under MCL 750.227(3).

Because Michigan is a permit-required (shall-issue) state, several carrying duties apply to CPL holders that would not exist in a true permitless-carry state. Those duties are summarized below, with the controlling statute for each. The duty-to-inform description in particular is stated to match the statute, not a news paraphrase.

What "Constitutional Carry" Would Change

In states with constitutional carry, a person who can lawfully possess a firearm may carry it concealed without first obtaining a permit. Michigan has not adopted that approach. The practical effect is that, in Michigan:

• A CPL is required to carry a concealed pistol in public (MCL 28.425a, MCL 28.425b, and the carrying exception in MCL 750.231a).
• An applicant must complete a pistol training course before a regular CPL is issued (MCL 28.425b, MCL 28.425j).
• CPL holders remain subject to statutory duties (disclosure to a peace officer when stopped, prohibited-place restrictions, and a bar on carrying while impaired) that a permitless-carry framework would not impose as license conditions.

Carrying Duties That Apply Because Michigan Is Permit-Required

Duty to Disclose to a Peace Officer (MCL 28.425f)

Michigan's "duty to inform" is set out in MCL 28.425f(3). The duty is triggered when a CPL holder who is carrying a concealed pistol (or a portable device that uses electro-muscular disruption technology) is stopped by a peace officer. On being stopped, the holder must immediately disclose to the officer that he or she is carrying a concealed pistol or such a device, whether on the person or in the vehicle. The statute is tied to being stopped by a peace officer; it does not impose a proactive duty during any and all contact with law enforcement.

A violation of the disclosure duty is a civil infraction, not a misdemeanor, for both first and subsequent offenses (MCL 28.425f(5)):

• First offense: civil infraction, a fine of $500.00, and the holder's CPL suspended for 6 months (MCL 28.425f(5)(a)).
• Subsequent offense within 3 years of a prior offense: civil infraction, a fine of $1,000.00, and the holder's CPL revoked (MCL 28.425f(5)(b)).

Separately, MCL 28.425f(1) and (2) require the holder to have the CPL and a state-issued driver license or personal identification card in possession while carrying, and to show both to a peace officer on request. A violation of MCL 28.425f(1) or (2) is a civil infraction with a $100.00 fine (MCL 28.425f(4)).

No Carrying While Under the Influence (MCL 28.425k)

A CPL holder may not carry a concealed pistol while under the influence of alcohol or a controlled substance, or while having a prohibited bodily alcohol content (MCL 28.425k(2)). The statute sets three distinct tiers, which should not be collapsed into one:

• MCL 28.425k(2)(a): under the influence of alcoholic liquor or a controlled substance (or a combination of the two), or a bodily alcohol content of .10 or more. This is a misdemeanor punishable by up to 93 days imprisonment or a $100.00 fine, or both, and the court orders the county clerk to revoke the CPL.
• MCL 28.425k(2)(b): bodily alcohol content of .08 or more but less than .10. This is a misdemeanor punishable by up to 93 days or a $100.00 fine, or both, and the court orders the CPL suspended for 3 years.
• MCL 28.425k(2)(c): bodily alcohol content of .02 or more but less than .08. This is a civil infraction with a $100.00 fine, and the CPL is suspended for 1 year.

Acceptance of a CPL constitutes implied consent to a chemical analysis under this section (MCL 28.425k(1)).

Prohibited Places, Including Voting Locations

Michigan's "pistol-free area" and "weapon-free" rules include a general firearm-possession prohibition at certain election locations under MCL 750.234d. Under MCL 750.234d(3):

• MCL 750.234d(3)(a): while the polls are open on an election day, a person may not possess a firearm in a polling place or within 100 feet of any entrance to a building in which a polling place is located.
• MCL 750.234d(3)(b): on any day early voting is conducted, a person may not possess a firearm at an early-voting site or within 100 feet of any entrance to a building in which an early-voting site is located.

Subsection (3) does not apply to CPL holders. Under MCL 750.234d(4)(c), subsection (3) "does not apply to...A person carrying a concealed pistol if that person is licensed by this state or another state to carry a concealed pistol." Subsection (4) also exempts a peace officer (MCL 750.234d(4)(a)) and a person possessing a firearm in his or her own residence or on his or her private property (MCL 750.234d(4)(b)). A CPL holder may therefore lawfully carry a concealed pistol at a polling place or early-voting site, notwithstanding the general prohibition in subsection (3).

(MCL 750.234d also addresses absent-voter ballot drop boxes and clerk offices in subsequent subdivisions, and subsection (5) exempts a person lawfully transporting or possessing a firearm in a vehicle.)

Non-Resident Carry Without a Michigan License

Michigan does not recognize out-of-state permits through general reciprocity in the way a permitless-carry analysis might suggest. A qualifying non-resident may carry without a Michigan license only under specific statutory conditions:

• MCL 28.422(9) exempts a non-resident from the Michigan purchase-license requirement only if all of its listed conditions are met. Among them, the individual must be licensed in the individual's state of residence to purchase, carry, or transport a pistol and have that license in possession (MCL 28.422(9)(a)-(b)); must be the owner of the pistol being carried or transported (MCL 28.422(9)(c)); must possess the pistol for a lawful purpose (MCL 28.422(9)(d)); and must be in Michigan for 180 days or less with no intent to establish residency (MCL 28.422(9)(e)). A non-resident must present the home-state license on demand of a police officer (MCL 28.422(10)).
• MCL 750.231a(1)(a) is the exception to the concealed-pistol prohibition in MCL 750.227(2) for a person holding a valid concealed-pistol license issued by his or her state of residence, except where the pistol is carried in nonconformance with a restriction on that license.

These provisions, not a blanket reciprocity rule, define when an out-of-state carrier may concealed-carry in Michigan without a Michigan CPL.

Emergency CPL (MCL 28.425a)

Michigan provides a limited emergency CPL through the county clerk under MCL 28.425a(4), for example for an individual who has obtained a personal protection order or whose safety a county sheriff finds is endangered by the inability to immediately obtain a CPL. This emergency path exists precisely because Michigan is not a permitless-carry state.

• An emergency license is valid for 45 days or until the county clerk issues a notice of statutory disqualification, whichever occurs first.
• The license becomes no longer valid if the holder does not complete a pistol training course under MCL 28.425j and apply for a regular CPL under MCL 28.425b within 10 business days after applying for the emergency license.
• An individual may not obtain more than one emergency license in any 5-year period, and must surrender an unexpired emergency license to the county clerk if a notice of statutory disqualification is later issued.

Denial and the Right to Appeal (MCL 28.425b)

Because a permit is required, the statute also builds in a denial-notification and appeal process. Under MCL 28.425b(13), when the county clerk denies an application or issues a notice of statutory disqualification, the clerk must, not later than 5 business days after that notice:

• MCL 28.425b(13)(a): inform the individual in writing of the reasons for the denial or disqualification, including each statutory disqualification identified and the source and contact information for the underlying record.
• MCL 28.425b(13)(b): inform the individual in writing of the right to appeal the denial or notice of statutory disqualification to the circuit court as provided in MCL 28.425d.

Note that MCL 28.425b(14) is a separate rule: if a CPL or notice of statutory disqualification is not issued within 45 days after classifiable fingerprints are taken, the fingerprinting receipt serves as a CPL when carried with a state-issued driver license or personal identification card. Subsection (14) is the receipt-serves-as-CPL provision, not the denial-and-appeal provision.

Self-Defense Law Is Separate From Carry Status

Michigan's "stand your ground" rule is a criminal-law doctrine and is independent of whether the state has permitless carry:

• MCL 780.972 allows an individual who is not engaged in the commission of a crime to use deadly force, anywhere he or she has a legal right to be, with no duty to retreat, when the statutory conditions are met.
• MCL 780.973 provides that, except as stated in MCL 780.972, the act does not modify Michigan's common law as it existed on October 1, 2006 regarding the duty to retreat.
• MCL 780.974 provides that the act does not diminish an individual's common-law right to use deadly force or other force in self-defense or defense of another.

These sections address the criminal duty to retreat. None of MCL 780.972 through MCL 780.974 creates civil immunity, and they should not be cited for that proposition.

Federal Items and Interstate Transport (Context)

Constitutional carry concerns ordinary handguns and does not change federal regulation of National Firearms Act (NFA) items. For Michigan residents who possess NFA items lawfully:

• In Michigan's penal definitions, MCL 750.222(k) defines "short-barreled rifle" and MCL 750.222(l) defines "short-barreled shotgun."
• Interstate transport of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle requires advance authorization from the ATF Director under 27 CFR 478.28, not the transfer-procedure rules in 27 CFR 479.84, 479.85, or 479.105.
• Under Pub. L. 119-21, the NFA making and transfer tax is $200 for a machinegun or destructive device and $0 otherwise. The change applies to calendar quarters beginning more than 90 days after July 4, 2025, so the first qualifying quarter is January 1, 2026.

A Note on School Zones

Michigan's weapon-free-school-zone offense, MCL 750.237a, applies only to the specific weapon offenses listed in that statute (for example, conduct proscribed under the enumerated sections such as MCL 750.224, 750.226, and 750.227). It does not convert "any felony committed in a school zone" into a school-zone offense.

Legislative Efforts Toward Permitless Carry

Lawmakers have introduced permitless-carry legislation in Michigan on multiple occasions, but none has been enacted.

2023 State-Level Legislation

• House Bills 4710, 4711, and 4715 were introduced in the Michigan House of Representatives in June 2023, sponsored by state Reps. Angela Rigas (R-Caledonia), Bryan Posthumus (R-Greenville), and Jay DeBoyer (R-Clay Twp.).
• The bills would have allowed any legal gun owner to carry a firearm in areas previously limited to open carry or to CPL holders.
• The package would also have struck Michigan's duty-to-inform requirement, the disclosure obligation now found in MCL 28.425f(3).
• Similar legislation introduced in the Michigan Senate in May 2023 stalled in the Civil Rights, Judiciary, and Public Safety Committee.
• Republican lawmakers had introduced comparable legislation in earlier sessions.
• The 2023 bills faced strong opposition given the Democratic majorities then in both the state House and Senate. Even the sponsors acknowledged the legislation was unlikely to pass.

Federal Concealed Carry Reciprocity Legislation

• H.R. 38 (Constitutional Concealed Carry Reciprocity Act), sponsored by Rep. Richard Hudson (R-NC), was introduced in the U.S. House with 124 Republican cosponsors, including Michigan Republican Reps. Jack Bergman, Bill Huizenga, and John Moolenaar.
• If enacted, the bill would let a person who can lawfully carry a concealed firearm in their home state do so when visiting other states, including Michigan.
• Supporters and critics agree it would effectively require Michigan to recognize the carry rights of visitors from states that do not require a permit. As a federal bill, H.R. 38 is separate from Michigan's own permitless-carry proposals.

Context

• In 2023, Gov. Gretchen Whitmer signed a package of firearm laws that added background-check expansions, safe-storage requirements, and extreme-risk protection orders ("red flag" laws), moving Michigan away from, not toward, permitless carry.
• As of 2023 reporting, 26 states had some form of permitless carry. By 2026, reporting on the federal reciprocity bill placed that figure at 29 states.
• Michigan is not among the permitless-carry states.

Key Takeaway

Michigan residents must obtain a Concealed Pistol License (CPL) to carry a concealed pistol, and CPL holders remain subject to statutory carrying duties, including the disclosure duty in MCL 28.425f and the impairment limits in MCL 28.425k. No constitutional-carry or permitless-carry law has been enacted in Michigan despite repeated legislative attempts. The statutory penalties above (civil infractions for disclosure violations, tiered penalties for carrying while impaired, and the denial-and-appeal process) reflect the rules of a permit-required state.

Michigan Prohibited Places for Concealed Carry

Overview

Michigan law sets up two distinct categories of prohibited locations for firearms. First, a general firearm-possession restriction under MCL 750.234d applies to all persons but exempts CPL holders and several others. Second, the "pistol-free zones" under MCL 28.425o specifically prohibit CPL holders from carrying a concealed pistol in certain locations. A 2024 amendment to MCL 750.234d (Public Acts 157 and 158 of 2024) added election-related location restrictions, effective April 2, 2025.

A point that trips up many carriers: because CPL holders are exempt from MCL 750.234d but still bound by MCL 28.425o, the practical rule in places that appear on both lists (such as hospitals and houses of worship) is that a CPL holder may not carry concealed there, while open carry is generally not barred by these two statutes. Always read the two lists together.

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Category 1: General Firearm Possession Restrictions (MCL 750.234d)

Under MCL 750.234d(1), it is a misdemeanor to possess a firearm on the premises of any of the following:

1. A depository financial institution, or a subsidiary or affiliate of one (for example, a bank or credit union) - MCL 750.234d(1)(a)
2. A church or other house of religious worship - MCL 750.234d(1)(b)
3. A court - MCL 750.234d(1)(c)
4. A theatre - MCL 750.234d(1)(d)
5. A sports arena - MCL 750.234d(1)(e)
6. A day care center - MCL 750.234d(1)(f)
7. A hospital - MCL 750.234d(1)(g)
8. An establishment licensed under the Michigan Liquor Control Code of 1998 (MCL 436.1101 to 436.2303) - MCL 750.234d(1)(h)

Penalty (MCL 750.234d(8))

A person who violates MCL 750.234d is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both.

Exemptions from MCL 750.234d (MCL 750.234d(2))

Subsection (1) does not apply to any of the following:

• A person who owns, or is employed or contracted by, an entity described in subsection (1), if the firearm is possessed to provide security services for that entity - MCL 750.234d(2)(a)
• A peace officer - MCL 750.234d(2)(b)
• A person licensed by this state or another state to carry a concealed weapon - MCL 750.234d(2)(c)
• A person who possesses a firearm on the premises with the permission of the owner or an agent of the owner - MCL 750.234d(2)(d)

Note on the concealed-weapon-license exemption: MCL 750.234d(2)(c) exempts "a person licensed by this state or another state to carry a concealed weapon." The statute does not impose a residency requirement on this exemption, so a person holding a valid concealed-carry license from any state that Michigan recognizes falls within it. (A separate provision, MCL 28.422 and the reciprocity rules, governs which out-of-state licenses Michigan honors for concealed carry. Do not read a residency limitation into the MCL 750.234d(2)(c) exemption itself.)

Important practical note: Because CPL holders are exempt from MCL 750.234d, a CPL holder is not committing a MCL 750.234d offense in the listed premises. But that exemption does not free a CPL holder to carry concealed in places that also appear on the MCL 28.425o pistol-free-zone list (Category 2 below), and court facilities are independently restricted by the Michigan Supreme Court's Administrative Order 2001-1 (Category 3 below). Federal facilities under 18 USC 930 are also off-limits regardless of a Michigan CPL.

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Category 2: Pistol-Free Zones for CPL Holders (MCL 28.425o)

Under MCL 28.425o(1), an individual licensed to carry a concealed pistol (or exempt from licensure under section 12a(h)) shall not carry a concealed pistol on the premises of any of the following:

1. A school or school property - MCL 28.425o(1)(a). Exception: a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property if he or she is dropping the student off at, or picking the student up from, the school. The exception is limited to being "in a vehicle." Exiting the vehicle with a concealed pistol on school property is not covered.
2. A public or private child care center or day care center, a public or private child caring institution, or a public or private child placing agency - MCL 28.425o(1)(b)
3. A sports arena or stadium - MCL 28.425o(1)(c)
4. A bar or tavern licensed under the Michigan Liquor Control Code of 1998 where the primary source of income of the business is the sale of alcoholic liquor by the glass consumed on the premises - MCL 28.425o(1)(d). This does not apply to an owner or employee of the business.
5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials permit the carrying of a concealed pistol on that property or facility - MCL 28.425o(1)(e)
6. An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has that capacity, or that posts a sign above each public entrance stating in letters not less than 1 inch high that the seating capacity is 2,500 or more - MCL 28.425o(1)(f)
7. A hospital - MCL 28.425o(1)(g)
8. A dormitory or classroom of a community college, college, or university - MCL 28.425o(1)(h)

In addition, under MCL 28.425o(3), a CPL holder (or an individual exempt under section 12a(h)) shall not carry a concealed pistol in violation of Rule 432.1212 of the Michigan Administrative Code, which is the casino prohibition promulgated under the Michigan Gaming Control and Revenue Act (MCL 432.201 to 432.226). The casino rule is part of MCL 28.425o itself, at subsection (3). According to Michigan State Police guidance, a pistol in a casino is subject to seizure whether it is carried concealed or openly, unlike the other pistol-free zones where the seizure rule turns on concealment.

Parking areas: Under MCL 28.425o(4), "premises" does not include the parking areas of the places listed in subsection (1). The pistol-free-zone restriction does not reach the parking lot.

Electro-muscular disruption devices: Under MCL 28.425o(2), the same restrictions apply to carrying a portable device that uses electro-muscular disruption technology (for example, a Taser) on the premises described in subsection (1).

Penalties for Violating MCL 28.425o (MCL 28.425o(6))

• First violation: a state civil infraction, with a fine of not more than $500. The court shall order the individual's CPL suspended for 6 months - MCL 28.425o(6)(a)
• Second violation: a misdemeanor punishable by a fine of not more than $1,000. The court shall order the individual's CPL revoked - MCL 28.425o(6)(b)
• Third or subsequent violation: a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000, or both. The court shall order the individual's CPL revoked - MCL 28.425o(6)(c)

Key Distinction: Concealed vs. Open Carry

The pistol-free zones under MCL 28.425o apply only to carrying a concealed pistol. A CPL holder carrying a non-concealed (openly carried) pistol is not in violation of MCL 28.425o. Because CPL holders are also exempt from MCL 750.234d, a CPL holder may, as a matter of these two statutes, lawfully open-carry a pistol in places listed under both MCL 28.425o and MCL 750.234d. (Other laws, posted private-property rules, the casino seizure rule, and the court administrative order can still apply.)

Exemptions from the Pistol-Free Zones (MCL 28.425o(5))

Subsections (1) and (2) do not apply to the following individuals, when licensed under the act:

• A retired police officer, retired law enforcement officer, or retired federal law enforcement officer - MCL 28.425o(5)(a)
• A person employed or contracted by a listed entity to provide security services who is required by the employer or by the terms of a contract to carry a concealed firearm on the premises - MCL 28.425o(5)(b)
• A licensed private investigator or private detective - MCL 28.425o(5)(c)
• A corrections officer of a county sheriff's department, or a retired corrections officer of a county sheriff's department, who has received county-sheriff-approved weapons training - MCL 28.425o(5)(d)
• A motor carrier officer or capitol security officer of the Department of State Police - MCL 28.425o(5)(e)
• A member of a sheriff's posse - MCL 28.425o(5)(f)
• An auxiliary officer or reserve officer of a police or sheriff's department - MCL 28.425o(5)(g)
• A parole, probation, or corrections officer, or absconder recovery unit member, of the Department of Corrections who has obtained a Michigan Department of Corrections weapons permit (and the retired versions of those roles, if they hold a DOC weapons permit) - MCL 28.425o(5)(h)
• A state court judge or retired state court judge - MCL 28.425o(5)(i)
• A court officer - MCL 28.425o(5)(j)
• A peace officer - MCL 28.425o(5)(k)

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Category 3: Court Buildings - Michigan Supreme Court Administrative Order 2001-1

Effective March 29, 2001, under Administrative Order 2001-1 of the Michigan Supreme Court: "Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."

This rule covers all weapons, concealed or open, whether or not the person holds a CPL. It is stricter than MCL 750.234d, which exempts CPL holders. The Michigan Supreme Court promulgated AO 2001-1 under its constitutional authority over the courts (Const. 1963, art. 6).

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Category 4: Election-Related Locations (MCL 750.234d(3) to (7), as amended by Public Acts 157 and 158 of 2024)

These restrictions took effect April 2, 2025. They sit inside MCL 750.234d but in different subsections from the general-premises list in Category 1. Read the subsection letters carefully; they are a common source of citation error.

Polling Places (Election Day)

A person shall not, while the polls are open on an election day, possess a firearm in a polling place or within 100 feet from any entrance to a building in which a polling place is located - MCL 750.234d(3)(a).

Early Voting Sites

A person shall not, on any day early voting is conducted at an early voting site, possess a firearm at an early voting site or within 100 feet from any entrance to a building in which an early voting site is located - MCL 750.234d(3)(b). (Note: the early voting site restriction is at subsection (3)(b), not (3)(a). Subsection (3)(a) covers only polling places on election day.)

Absent Voter Ballot Drop Boxes

A person shall not, for 40 days before an election, possess a firearm within 100 feet from any absent voter ballot drop box - MCL 750.234d(3)(c).

City or Township Clerk's Offices

A person shall not, for the 40 days before an election when an absent voter can vote an absent voter ballot in person with the clerk, possess a firearm in a city or township clerk's office, an official satellite office staffed by the clerk's employees, or within 100 feet from any entrance to such an office - MCL 750.234d(3)(d).

Exemptions for These Election Locations (MCL 750.234d(4) and (5))

Subsection (3) (polling places, early voting sites, drop boxes, and clerk's offices) does not apply to:

• A peace officer - MCL 750.234d(4)(a)
• A person who possesses a firearm in that person's residence or on that person's private property, or any other person who has permission to possess a firearm in that person's residence or on that person's private property - MCL 750.234d(4)(b)
• A person carrying a concealed pistol who is licensed by this state or another state to carry a concealed pistol - MCL 750.234d(4)(c)
• A person who is lawfully transporting or possessing a firearm in a vehicle - MCL 750.234d(5)

Absent Voter Counting Places (MCL 750.234d(6) and (7))

A person shall not, while absent voter ballots are being processed, possess a firearm in an absent voter counting place or a combined absent voter counting place, or within 100 feet from any entrance to such a place - MCL 750.234d(6).

The only exemption here is for a uniformed law enforcement officer acting in the course of the officer's duties - MCL 750.234d(7).

Critical note: The exemption for absent voter counting places is far narrower than for the other election locations. The CPL-holder exemption and the residence and vehicle exemptions in MCL 750.234d(4) and (5) apply to polling places, early voting sites, drop boxes, and clerk's offices, but they do NOT apply to absent voter counting places. At a counting place while ballots are being processed, only a uniformed law enforcement officer on duty is exempt.

Penalty

These election-location violations are punished under the same penalty as the rest of MCL 750.234d: a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both - MCL 750.234d(8).

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School Property: Additional Considerations

Michigan's weapon free school zone statute, MCL 750.237a, makes it a crime to engage in certain proscribed weapon conduct, or to possess a weapon, in a weapon free school zone. The statute does not punish "any felony committed in a school zone." Instead, it enhances or creates penalties only for the specific weapon offenses it enumerates. MCL 750.237a(1) lists felony-tier predicate offenses (including those under sections 224, 224a, 226, 227, 227a, and others), and MCL 750.237a(2) lists misdemeanor-tier predicate offenses. Separately, MCL 750.237a(4) makes it a 93-day misdemeanor for an individual to possess a weapon in a weapon free school zone.

A CPL holder is exempt from the general weapon-possession offense in MCL 750.237a(4): subsection (5)(c) exempts "an individual licensed by this state or another state to carry a concealed weapon." So a CPL holder's mere possession of a weapon in a weapon free school zone is not an MCL 750.237a(4) offense. The MCL 28.425o(1)(a) pistol-free-zone rule still bars a CPL holder from carrying a concealed pistol on school property, with the narrow parent/guardian vehicle exception described in Category 2.

Under MCL 750.237a(6), "weapon free school zone" means school property and a vehicle used by a school to transport students. "School" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12 (this statute does not reach colleges or universities; campus dormitories and classrooms are instead covered by MCL 28.425o(1)(h)).

School District Policies

Michigan appellate decisions, including litigation involving Ann Arbor Public Schools and Clio Area School District, have allowed school districts to adopt policies banning firearms on school property that go beyond the state statutes. The reasoning is that the state firearms-preemption act applies only to a "local unit of government," and MCL 123.1101(b) defines "local unit of government" as a city, village, township, or county. School districts are not on that list, so the preemption provision of MCL 123.1102 (which bars local units of government from regulating firearms except as provided by state or federal law) does not stop a school district from adopting its own firearms policy.

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Private Property Rights

A private property owner may prohibit individuals from carrying firearms on the owner's property, whether concealed or open, and regardless of whether the person holds a CPL. The firearm restriction itself is enforced through Michigan's trespass law rather than a dedicated weapons statute. If a person enters after being forbidden to do so, or remains after being notified to depart by the owner, occupant, or their agent, the person may be charged with trespass under MCL 750.552. A trespass violation is a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or a fine of not more than $250, or both - MCL 750.552(3).

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Federal Prohibited Locations Applicable in Michigan

In addition to the state-law restrictions above, federal law prohibits firearms in several locations regardless of a Michigan CPL. (The federal provisions below were not verified against primary statutory text in this corpus; confirm the current federal text and any controlling case law before relying on these in a specific situation.)

• Federal facilities, including many post offices, federal courthouses, IRS offices, Social Security offices, and similar buildings, under 18 USC 930. Federal facilities are off-limits, and federal court facilities carry their own restrictions.
• United States Postal Service property under 39 CFR 232.1. Firearms are barred on postal property. Whether that ban reaches a post office parking lot is contested. The 10th Circuit upheld a parking-lot ban in Bonidy v. United States Postal Service (2015), but that decision is not binding in Michigan, which is in the 6th Circuit, and the question is not settled here. Treat the building interior as clearly off-limits and the parking lot as legally uncertain.
• Military installations, under federal law governing entry onto military property (for example, 18 USC 1382 and related installation regulations).
• Indian gaming facilities, under tribal compacts and federal Indian gaming regulations.
• The Federal Gun-Free School Zones Act, 18 USC 922(q), which generally prohibits possession of a firearm within 1,000 feet of a K-12 school, with an exception for a person licensed to carry by the state in which the school is located. A Michigan CPL holder in Michigan generally fits that exception. An out-of-state visitor relying on reciprocity generally does not, because the exception turns on a license issued by the state where the school sits.
• Secured (post-screening) areas of airports under federal aviation security rules. Firearms may still be transported in checked baggage in accordance with TSA regulations.

Violations of federal location prohibitions are federal misdemeanors or felonies depending on the statute.

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Pending Legislation

Bills have been introduced in recent legislative sessions to add the Michigan State Capitol Building and the legislative office buildings (the Anderson House Office Building and the Binsfeld Senate Office Building) to the prohibited-premises lists in MCL 28.425o and MCL 750.234d, with an exemption for acting members of the Legislature who hold a CPL. These were introduced as Senate Bills 857 and 858 in the 2023-2024 session and reintroduced as Senate Bills 225 and 226 in the 2025-2026 session. As of the latest source date, these bills had not been enacted into law. Verify their current status before relying on them.

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Sources and Recency

• Primary statutes (verified against legislature.mi.gov and Michigan Penal Code text): MCL 28.425o (pistol-free zones), MCL 750.234d (general premises and election locations), MCL 750.237a (weapon free school zone), MCL 750.552 (trespass), MCL 123.1101 and 123.1102 (firearms preemption and "local unit of government" definition).
• Agency guidance: Michigan State Police, Prohibited Premises page, and Michigan Supreme Court Administrative Order 2001-1.
• Federal provisions (18 USC 930, 39 CFR 232.1, 18 USC 922(q), 18 USC 1382, and related rules) are summarized for reference and were not verified against primary text in this corpus.
• Statute text last retrieved February 2026, with MCL 750.234d and MCL 750.237a re-retrieved June 2026.

Michigan Vehicle Carry Laws

How you may carry or transport a firearm in a vehicle in Michigan depends on whether the firearm is a pistol or a long gun, and whether you hold a Concealed Pistol License (CPL). The rules below are drawn from the Michigan Penal Code (1931 PA 328) and the firearms licensing act (1927 PA 372), with practical points from Michigan State Police and Department of Natural Resources guidance noted where they interpret the statutes.

Pistols in a Vehicle With a CPL

A person with a valid CPL may carry a pistol, concealed or non-concealed, in a vehicle. Under MCL 750.227(2), it is a felony to carry a pistol concealed on or about the person, or, whether concealed or otherwise, in a vehicle the person operates or occupies, without a license to carry the pistol. A CPL satisfies that license requirement, so long as the pistol is not carried in a place or manner inconsistent with the restrictions on the license.

"A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license." - MCL 750.227(2)

A violation of MCL 750.227 is a felony punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500. MCL 750.227(3).

Key point: There is no way to "open carry" a pistol in a vehicle without a CPL. Even if the pistol is not concealed, it falls under the "whether concealed or otherwise" language of MCL 750.227(2) once it is in a vehicle the person operates or occupies. A CPL is generally required to keep a pistol in the passenger compartment of a vehicle, unless one of the following applies:

• An exemption under MCL 750.231 (peace officers, certain corrections employees, members of listed military and police agencies, and similar persons acting within their duties).
• An exception under MCL 750.231a (out-of-state license holders, and the unloaded/cased/trunk transport rule discussed below).
• The dwelling house, place of business, or own-land carve-out within MCL 750.227(2) itself.

Pistols in a Vehicle Without a CPL

A person who does not hold a CPL may transport a pistol in a vehicle only under an exception in MCL 750.231a, which lists the circumstances in which the MCL 750.227(2) prohibition does not apply.

The lawful-purpose transport exception appears in MCL 750.231a(1)(d) and (e). Read together with the statute's text, a person who is not licensed to carry a concealed pistol may transport a pistol only if all of the following are true:

1. The pistol is licensed (registered to the owner or occupant of the motor vehicle) in compliance with the license-to-purchase law, section 2 of 1927 PA 372, MCL 28.422. This is a threshold condition. A person who owns a pistol that has no Michigan purchase registration cannot rely on this transport exception, no matter how the pistol is stored.
2. The transport is for a lawful purpose.
3. The pistol is unloaded.
4. The pistol is in a closed case designed for the storage of firearms.
5. The pistol is in the trunk of the vehicle. MCL 750.231a(1)(d). If the vehicle has no trunk, the cased, unloaded pistol must not be readily accessible to the occupants of the vehicle. MCL 750.231a(1)(e).

A separate exception, MCL 750.231a(1)(c), allows a person to carry an antique firearm that is completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.

What Counts as a "Lawful Purpose"

MCL 750.231a does not define "lawful purpose" with a list. Michigan State Police guidance interprets the term to include going to or from any of the following:

• A hunting or target area
• A place of repair
• Moving goods from one home or business to another home or business
• A law enforcement agency, for a safety inspection or to turn the pistol over to the agency
• A gun show, or a place of sale or purchase
• A public shooting facility
• Public land where shooting is legal
• Private property where a pistol may be lawfully used

This list reflects MSP's reading of the statutory term, not language inside MCL 750.231a. The statutory conditions that do appear in the law are the purchase-license, unloaded, closed-case, and trunk requirements listed above.

Long Guns (Rifles, Shotguns, Muzzleloaders) in Vehicles

Two separate Michigan statutes govern transport of non-pistol firearms in vehicles. They have different scope and different requirements, and they apply concurrently where their scopes overlap.

MCL 750.227c: No Loaded Non-Pistol Firearm in a Mechanically Propelled Vehicle

Under MCL 750.227c(1), except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat, motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, either of the following:

• (a) A firearm, other than a pistol, that is loaded.
• (b) A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber.

The requirement of MCL 750.227c is that the non-pistol firearm be unloaded. A violation is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500, or both. MCL 750.227c(2).

MCL 750.227d: Stowage Rules in Motor Vehicles and Self-Propelled Land Vehicles

Under MCL 750.227d(1), except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel, either of the following:

• (a) A firearm, other than a pistol, unless the firearm is unloaded and is one or more of the following:
  1. Taken down
  2. Enclosed in a case
  3. Carried in the trunk of the vehicle
  4. Inaccessible from the interior of the vehicle
• (b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber, unless the pneumatic gun is unloaded and meets one or more of the same four stowage conditions.

A violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both. MCL 750.227d(2).

Practical Summary

• Aircraft, motorboats, sailboats, and other mechanically propelled vehicles that are not motor vehicles or self-propelled land vehicles: only MCL 750.227c applies. The non-pistol firearm must be unloaded, but the four stowage options of 227d are not separately required.
• Motor vehicles and self-propelled land vehicles (including ORVs and snowmobiles that fall within those terms): both 227c and 227d apply. The firearm must be unloaded and must satisfy at least one of the four stowage conditions listed above.

Both statutes apply except as otherwise permitted by law. The exemptions in MCL 750.231 (peace officers, listed military and police agencies, and similar persons) reach sections 227c and 227d as well.

Note: Michigan DNR rules and the Waterfowl Hunting Digest add separate requirements for hunting from boats and ORVs. The long-gun-in-vehicle rules do not apply to a pistol carried under a CPL or transported under a specific exception to the CPL requirement.

Muzzleloader-Specific Rules

Michigan DNR hunting guidance treats certain muzzleloaders as unloaded when made safe in the following ways:

• A percussion cap muzzleloading longarm is considered unloaded if the percussion cap is removed.
• A flintlock muzzleloading longarm is considered unloaded if the cock is left down and the pan is open.
• A muzzleloading firearm with an electric ignition system is considered unloaded if the battery is removed.
• Black powder handguns must be transported under the same rules as other handguns (unloaded, cased, in the trunk).

Non-Residents

A non-resident must transport pistols in compliance with the unloaded, cased, trunk rules of MCL 750.231a unless an exception applies. Two statutory pathways are relevant.

First, MCL 750.231a(1)(a) provides that the MCL 750.227(2) concealed-pistol prohibition does not apply to a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence, except where the pistol is carried in nonconformance with a restriction appearing on that license. A non-resident with a valid out-of-state concealed pistol license may therefore carry under that license rather than under the unloaded/cased/trunk rule.

Second, MCL 28.422(9) excuses a qualifying non-resident from obtaining a Michigan license to purchase under section 2 if all five of the following conditions apply:

1. The individual is licensed in the individual's state of residence to purchase, carry, or transport a pistol.
2. The individual is in possession of that license.
3. The individual is the owner of the pistol the individual possesses, carries, or transports.
4. The individual possesses the pistol for a lawful purpose.
5. The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

Two of these conditions are easy to overlook: the non-resident must actually own the pistol (MCL 28.422(9)(c)), and the stay must be 180 days or less with no intent to establish residency (MCL 28.422(9)(e)).

A non-resident must present the license issued by his or her state of residence on the demand of a police officer. Failure to do so is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both. MCL 28.422(10).

A related exemption from the license-to-purchase requirement appears in MCL 28.432(1)(f), which excuses a United States citizen holding a concealed pistol license issued by another state. MCL 28.432 is a broad exemptions statute. It lists nine categories that are not subject to section 2 (MCL 28.422), including police and correctional agencies, the listed branches of the Armed Forces, the National Guard and reserves, members of those organizations acting within their duties, out-of-state concealed-pistol licensees, manufacturers' and dealers' authorized agents, antique firearms, and, at MCL 28.432(1)(i), an individual carrying or transporting a pistol belonging to another person when that other person's possession is authorized by law and the carrier holds a CPL or is exempt from licensure. MCL 28.432 is not the authority for the non-resident license-to-purchase exemption in MCL 28.422(9).

CPL Holder Concealed-Carry Restrictions in Vehicles (MCL 28.425o)

A CPL holder, or a person exempt from licensure under section 12a(h), may not carry a concealed pistol on the premises of the following pistol-free zones. Under MCL 28.425o(4), "premises" does not include the parking areas of these places.

• A school or school property. Exception: a parent or legal guardian of a student of the school may carry a concealed pistol while in a vehicle on school property when dropping the student off at, or picking the student up from, the school. MCL 28.425o(1)(a).
• A public or private child care center or day care center, child caring institution, or child placing agency.
• A sports arena or stadium.
• A bar or tavern licensed under the Michigan Liquor Control Code where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises. This does not apply to an owner or employee of the business.
• Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official permits concealed carry there.
• An entertainment facility with a seating capacity of 2,500 or more individuals that the person knows or should know has that capacity.
• A hospital.
• A dormitory or classroom of a community college, college, or university.
• A casino, under R 432.1212 of the Michigan Administrative Code. MCL 28.425o(3).

Important: MCL 28.425o restricts concealed carry. By its terms it does not bar a CPL holder from carrying a non-concealed (openly carried) pistol in these places, though other location-specific laws may still apply.

Penalties under MCL 28.425o(6) escalate by offense:

• First violation: a state civil infraction, with a fine of not more than $500. The court must order the CPL suspended for 6 months. MCL 28.425o(6)(a).
• Second violation: a misdemeanor punishable by a fine of not more than $1,000. The court must order the CPL revoked. MCL 28.425o(6)(b).
• Third or subsequent violation: a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000, or both. The court must order the CPL revoked. MCL 28.425o(6)(c).

Key Statutes Referenced

Use of Force Laws in Michigan

Michigan is a Castle Doctrine state and has a no-duty-to-retreat law (commonly referred to as "Stand Your Ground"). Under the Self-Defense Act, a person may use deadly force or non-deadly force, with no duty to retreat, anywhere he or she has the legal right to be, as long as the statutory conditions of MCL 780.972 are met. Michigan law also provides a separate statutory civil immunity for individuals who use force in compliance with the Self-Defense Act. That immunity is created by MCL 600.2922b, not by the Self-Defense Act sections themselves.

Use of Non-Deadly Force

An individual who has not and is not engaged in the commission of a crime at the time he or she uses force may use force other than deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if the person honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual (MCL 780.972(2)).

Use of Deadly Force

An individual who has not and is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be, with no duty to retreat, if either of the following applies (MCL 780.972(1)):

• The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of, or imminent great bodily harm to, himself or herself or another individual (MCL 780.972(1)(a)); or
• The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual (MCL 780.972(1)(b)).

Key Legal Requirements for Use of Force

1. Not engaged in the commission of a crime - The person using force must not have been and must not be engaged in the commission of a crime at the time force is used (MCL 780.972(1) and (2)).
2. Legal right to be present - The person must be in a location where he or she has the legal right to be.
3. No duty to retreat (when the statutory conditions are met) - When the actor is not engaged in a crime and is in a place he or she has a legal right to be, MCL 780.972 removes any duty to retreat. Outside those statutory conditions, the common-law duty to retreat is preserved by MCL 780.973.
4. Honest and reasonable belief - The person must honestly and reasonably believe that the use of force is necessary.
5. Imminent threat - The threat of death, great bodily harm, sexual assault, or, for non-deadly force, the unlawful use of force must be imminent.

Defense of Others

The Self-Defense Act applies the same standards to the defense of another individual. MCL 780.972(1) authorizes deadly force, and MCL 780.972(2) authorizes non-deadly force, to defend "himself or herself or another individual" under the same honest-and-reasonable-belief standard. The defender stands in the shoes of the person being defended. Michigan courts have long recognized defense of others as coextensive with self-defense (see People v. Kurr, 253 Mich App 317 (2002)).

Civil Immunity

Michigan provides a statutory civil immunity under MCL 600.2922b. By the text of that statute, an individual who uses deadly force or force other than deadly force in self-defense or in defense of another individual in compliance with section 2 of the Self-Defense Act (MCL 780.972) is immune from civil liability for damages caused by that use of force. The immunity runs both to the individual against whom force was used and to any person claiming damages based on his or her relationship to that individual (MCL 600.2922b(a) and (b)). The statute ties immunity specifically to compliance with MCL 780.972. It does not extend immunity to force used only under the common law of self-defense.

MCL 600.2922c addresses attorney fees. The court shall award actual attorney fees and costs to an individual who is sued for civil damages for allegedly using deadly force or force other than deadly force if the court determines that the individual used force in compliance with section 2 of the Self-Defense Act and that the individual is immune from civil liability under MCL 600.2922b. The trigger is that specific judicial finding, not a general "prevailing party" outcome.

The Self-Defense Act and the Common Law

The Self-Defense Act is codified at MCL 780.971 to 780.974 (Act 309 of 2006) and is not part of the Michigan Penal Code. Its sections operate as follows:

• MCL 780.972 authorizes deadly force and non-deadly force with no duty to retreat when the statutory conditions are met.
• MCL 780.973 provides that, except as provided in section 2, the act does not modify the common law of Michigan in existence on October 1, 2006 regarding the duty to retreat. In other words, outside the section 2 scenarios, the prior common-law duty-to-retreat rules still apply.
• MCL 780.974 provides that the act does not diminish an individual's right to use deadly force or non-deadly force in self-defense or defense of another as provided by the common law of Michigan in existence on October 1, 2006.

None of these three sections creates civil immunity. Civil immunity is a separate statute (MCL 600.2922b), and the related attorney-fee provision is MCL 600.2922c.

Rebuttable Presumption (Home, Business, and Vehicle)

Michigan law creates a rebuttable presumption that an individual who uses deadly force or force other than deadly force under section 2 of the Self-Defense Act had an honest and reasonable belief that imminent death, sexual assault, or great bodily harm would occur, when both of the following apply (MCL 780.951(1)):

• The person against whom force is used is in the process of breaking and entering a dwelling or business premises, is committing or has committed home invasion and is still present, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will (MCL 780.951(1)(a)); and
• The individual using force honestly and reasonably believes that the person is engaging in that conduct (MCL 780.951(1)(b)).

The presumption is not limited to deadly force. By its terms it applies to both deadly force and force other than deadly force.

MCL 780.951(2) lists the situations in which this presumption does not apply. These include, among others, when the person against whom force is used had the legal right to be in the dwelling, business premises, or vehicle (and no qualifying no-contact order is in place); when the person being removed is a child, grandchild, or other person in the lawful custody or guardianship of the person against whom force is used; when the person using force is engaged in the commission of a crime or is using the premises or vehicle to further a crime; when the person against whom force is used is a peace officer acting in the performance of official duties in accordance with law; or when the person against whom force is used is a spouse, former spouse, dating partner, co-parent, or current or former household member and the person using force has a prior history of domestic violence as the aggressor (MCL 780.951(2)(a)-(e)).

Statutory References

• MCL 780.971 - Self-Defense Act; short title.
• MCL 780.972 - Use of deadly force and force other than deadly force; conditions (includes the no-duty-to-retreat provisions). Subsection (1) covers deadly force; subsection (2) covers non-deadly force.
• MCL 780.973 - Duty to retreat; effect of act on common law. Preserves the common-law duty to retreat outside the section 2 scenarios.
• MCL 780.974 - Right to use deadly force; effect of act on common law. Preserves pre-existing common-law force rights.
• MCL 780.951 - Rebuttable presumption regarding use of deadly force or force other than deadly force (Act 311 of 2006). Subsection (1) creates the presumption; subsection (2) lists when it does not apply.
• MCL 600.2922b - Civil immunity for force used in compliance with section 2 of the Self-Defense Act.
• MCL 600.2922c - Award of actual attorney fees and costs when the court finds compliance with section 2 and immunity under MCL 600.2922b.

Important Notes

• The standard for justifying use of force is both subjective ("honestly believes") and objective ("reasonably believes"). The person must genuinely believe force is necessary, and a reasonable person in the same situation would also have to believe force is necessary.
• Deadly force is limited to preventing death, great bodily harm, or sexual assault. It cannot be used to protect property alone.
• Non-deadly force has a broader application and can be used to defend against any imminent unlawful use of force.
• The rebuttable presumption under MCL 780.951(1) applies to both deadly and non-deadly force, but it is rebuttable and does not apply in the circumstances listed in MCL 780.951(2).
• The Self-Defense Act sections (MCL 780.971 to 780.974) define the right to use force and address the duty to retreat. They do not, by themselves, grant civil immunity. Statutory civil immunity comes from MCL 600.2922b, and the attorney-fee award comes from MCL 600.2922c.

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Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and United States v. Rahimi (2024). Bruen, 597 U.S. 1 (2022), established the historical-tradition test for Second Amendment claims. Rahimi, 602 U.S. 680 (2024), then applied Bruen to uphold the federal domestic-violence-restraining-order firearm prohibition at 18 U.S.C. 922(g)(8), confirming that not every firearm disability fails Bruen's test. Practitioners advising on use-of-force or firearm-disability questions should be familiar with both cases.

Duty to Inform Law Enforcement in Michigan

Michigan is a "must inform" state. A concealed pistol license (CPL) holder who is stopped by a peace officer must immediately tell that officer they are carrying. This page explains the duty, who it applies to, what you must have with you, and the penalties for not disclosing, grounded in the governing statute, MCL 28.425f.

The Governing Statute

The duty to inform is set out in Michigan Compiled Laws Section 28.425f (part of Act 372 of 1927, the firearms licensing act). The statute does three related things: it requires you to carry certain documents, it requires you to show those documents on request, and it requires you to immediately disclose that you are armed when you are stopped by a peace officer.

The Immediate Disclosure Duty

Under MCL 28.425f(3), an individual licensed under this act to carry a concealed pistol who is carrying a concealed pistol, or a portable device that uses electro-muscular disruption technology, and who is stopped by a peace officer, shall immediately disclose to the peace officer that he or she is carrying a pistol or such a device concealed on his or her person or in his or her vehicle.

Key features of this duty:

• It is mandatory and self-initiated. You must volunteer that you are armed. You do not wait to be asked.
• It is triggered by being "stopped" by a peace officer. The statute uses the word "stopped" but does not define it. In practice this term is read to cover situations where an officer has detained or formally engaged you, such as a traffic stop or an investigative detention. The plain statutory text does not expressly carve out incidental or casual contact, so when in doubt the safe and lawful course is to disclose.
• It covers your person or your vehicle. The duty applies whether the pistol is concealed on you or is located in the vehicle you are in. If the vehicle you are riding in is stopped, you have been stopped for purposes of this subsection, even if you are a passenger.
• It is not satisfied by silently handing over documents. "Immediately disclose" means a prompt, affirmative statement that you are carrying. Michigan courts have treated a delay of roughly 40 seconds, and the bare act of handing over a CPL without saying you are armed, as falling short of immediate disclosure.

Electro-Muscular Disruption Devices (TASERs and Stun Guns)

The same subsection that creates the firearm disclosure duty, MCL 28.425f(3), applies in identical terms to a "portable device that uses electro-muscular disruption technology" (commonly a TASER or stun gun). A CPL holder carrying such a device who is stopped by a peace officer has the same immediate-disclosure duty, and the same document-carry and show-on-request duties described below, as a CPL holder carrying a pistol. Do not assume the duty is limited to firearms.

Documents You Must Carry and Show

Two related obligations sit alongside the disclosure duty.

• Carry your documents at all times you are carrying. Under MCL 28.425f(1), while carrying a concealed pistol or a portable electro-muscular disruption device, you must have both your CPL and your state-issued driver license or personal identification card in your possession.
• Show them on request. Under MCL 28.425f(2), when a peace officer requests it, you must show both your CPL and your state-issued driver license or personal identification card.

A violation of subsection (1) or subsection (2) is a separate, lower-level offense from the disclosure violation. Under MCL 28.425f(4), violating subsection (1) or (2) is a state civil infraction punishable by a $100 fine.

Penalties for Failing to Disclose

A violation of the immediate-disclosure duty in subsection (3) is a state civil infraction, not a misdemeanor, for both a first offense and a subsequent offense. The penalties escalate, and they are set by MCL 28.425f(5):

• First offense (MCL 28.425f(5)(a)): state civil infraction, a fine of $500, and suspension of your CPL for 6 months.
• Subsequent offense within 3 years of a prior offense (MCL 28.425f(5)(b)): state civil infraction, a fine of $1,000, and revocation of your CPL.

To be clear on classification, none of these are criminal misdemeanors. They are civil infractions. The serious practical consequence is the automatic effect on your license: a first violation costs you your CPL for six months, and a repeat violation within three years ends it entirely.

What Happens After a Violation

MCL 28.425f(6) sets out the administrative chain that follows a civil-infraction finding under subsection (5). The peace officer notifies the Michigan Department of State Police, which notifies the county clerk that issued the license. The county clerk then suspends or revokes the license and mails notice by first-class mail to the licensee's last known address. The Department of State Police enters the suspension or revocation into the Law Enforcement Information Network (LEIN).

Seizure of the Pistol or Device

Under MCL 28.425f(7), a pistol or electro-muscular disruption device carried in violation of this section is subject to immediate seizure by a peace officer. If it is seized, you have 45 days to display your license or documentation to an authorized employee of the law enforcement agency that employs the officer. If you do so within the 45-day window, the agency must return the item unless you are otherwise prohibited by law from possessing it. If you do not, the item is subject to forfeiture under MCL 28.425g.

The statute also provides that the item is not subject to immediate seizure if both of the following are true at the time of the violation: you have your state-issued driver license or personal identification card in your possession, and the officer verifies through LEIN that you are licensed to carry a concealed pistol.

Who Counts as a "Peace Officer"

For purposes of this section, MCL 28.425f(8) provides that "peace officer" includes a motor carrier officer appointed under section 6d of 1935 PA 59 (MCL 28.6d) and security personnel employed by the state under section 6c of 1935 PA 59 (MCL 28.6c), in addition to the law enforcement officers you would ordinarily expect.

Practical Guidance

• If you are stopped by law enforcement for any reason while carrying, state plainly and promptly that you are carrying a concealed pistol (or electro-muscular disruption device). Do this before reaching for anything.
• Keep both your CPL and your driver license or state ID on you whenever you carry, and be ready to hand them over on request.
• Speak in a calm, matter-of-fact way and follow the officer's instructions regarding the firearm. Avoid sudden movements toward the weapon.
• Do not rely on silently passing over your CPL as your disclosure. Say out loud that you are armed.

This page summarizes Michigan Compiled Laws Section 28.425f. It is general information, not legal advice. For the exact, current language, read the full text of MCL 28.425f and consult a Michigan attorney about your specific situation.

Training Requirements for a Michigan Concealed Pistol License (CPL)

Michigan requires applicants for a Concealed Pistol License to complete an approved pistol training or safety course before applying. The governing statute is MCL 28.425j (Section 5j of 1927 PA 372). This page explains what a qualifying course must include, what your certificate of completion must show, the rules for renewals, and the limited training waivers and immunity that Michigan law provides.

Initial CPL Training Requirements

Under MCL 28.425j(1), a pistol training or safety program described in Section 5b(7)(c) meets the requirements for knowledge or training in the safe use and handling of a pistol only if all of the following are true:

• The training was provided within 5 years preceding the date of application.
• The program consisted of not less than 8 hours of instruction in total.
• Every condition in subparagraphs (a) through (d) below is met.

Classroom Instruction (at least 5 hours)

Under MCL 28.425j(1)(a), the program must be certified by the State of Michigan or by a national or state firearms training organization, and it must provide at least 5 hours of instruction in all of the following areas. The statute lists these as a minimum, so a program may cover more:

1. The safe storage, use, and handling of a pistol, including but not limited to safe storage, use, and handling to protect child safety. (MCL 28.425j(1)(a)(i))
2. Ammunition knowledge and the fundamentals of pistol shooting. (MCL 28.425j(1)(a)(ii))
3. Pistol shooting positions. (MCL 28.425j(1)(a)(iii))
4. Firearms and the law, including civil liability issues and the use of deadly force. This portion must be taught by an attorney or by an individual trained in the use of deadly force. (MCL 28.425j(1)(a)(iv))
5. Avoiding criminal attack and controlling a violent confrontation. (MCL 28.425j(1)(a)(v))
6. All laws that apply to carrying a concealed pistol in Michigan. (MCL 28.425j(1)(a)(vi))

Range Instruction (at least 3 hours)

Under MCL 28.425j(1)(b), the program must provide at least 3 hours of instruction on a firing range and must require the student to fire at least 30 rounds of ammunition.

Instructor Certification

Under MCL 28.425j(1)(d), the instructor of the course must be certified by the State of Michigan or by a state or national firearms training organization to teach the pistol safety training courses described in the section. The same subsection bars the county clerk from requiring any other certification and from requiring an instructor to register with the county or the county clerk.

Certificate of Completion Requirements

Under MCL 28.425j(1)(c), the program must provide a certificate of completion. The certificate must do all of the following:

• State that the program complies with the requirements of Section 5j and that the individual successfully completed the course.
• Contain the printed name and original handwritten signature of the course instructor.
• Contain this exact statement: "This course complies with section 5j of 1927 PA 372."

For certificates issued on or after December 1, 2015, the certificate must also contain both of the following items. Each item may be printed on the face of the certificate or attached in a separate document:

1. The instructor's name and telephone number. (MCL 28.425j(1)(c)(i))
2. The name and telephone number of the state agency or the state or national firearms training organization that has certified the individual as an instructor for purposes of this section, the instructor's certification number (if any), and the expiration date of that certification. (MCL 28.425j(1)(c)(ii))

Both items are required. A certificate issued on or after December 1, 2015 that omits the instructor's own name and telephone number does not comply with Michigan law, even if it includes the certifying organization's information.

The county clerk cannot require a specific form, color, wording, or other content on a certificate of completion beyond what this act requires (MCL 28.425j(5)).

Certificates That Do Not Match the Current Form

Under MCL 28.425j(2), a training certificate that does not meet the requirements under the state law in effect when it was issued may still satisfy MCL 28.425j(1)(c) if the applicant provides information that reasonably demonstrates that the certificate or the training meets the applicable requirements.

Renewal Training Requirements

Under MCL 28.425l(9), the educational requirements of Section 5b(7)(c) are waived for an applicant who is renewing a license, except that the applicant must certify both of the following:

• That he or she has completed at least 3 hours' review of the training described under Section 5b(7)(c).
• That he or she has had at least 1 hour of firing range time in the 6 months immediately preceding the renewal application.

The statute treats these educational and firing range requirements as met if the applicant certifies on the renewal application form that he or she has complied. A renewal applicant is not required to verify the statements made and is not required to obtain a certificate or undergo training other than as described in this subsection.

Training Waiver for Retired Officers

Under MCL 28.425l(8), the educational requirements of Section 5b(7)(c) are waived in full for an applicant who is a retired police officer or retired law enforcement officer.

Penalties for Fraudulent Certificates

Under MCL 28.425j(3), a person shall not do either of the following:

• Grant a certificate of completion described in MCL 28.425j(1)(c) to an individual knowing the individual did not satisfactorily complete the course.
• Present such a certificate of completion to a county clerk knowing that the individual did not satisfactorily complete the course.

Under MCL 28.425j(4), a person who violates MCL 28.425j(3) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

Instructor and Trainer Civil Immunity

Under MCL 28.425i (Section 5i), a person or entity that provides instruction or training to another person under Section 5b is immune from civil liability for damages to any person or property caused by the person who was trained (MCL 28.425i(1)). This immunity does not apply if the person or entity providing the instruction or training was grossly negligent (MCL 28.425i(2)). The statute also states that this immunity is in addition to, and not in lieu of, any immunity otherwise provided by law (MCL 28.425i(3)).

Key Statutory References

Michigan Concealed Pistol License (CPL) Application Process

Governing Law

Michigan's concealed carry licensing is governed by Act 372 of 1927 (MCL 28.421 et seq.), commonly known as the Concealed Weapons Act, CPL Act, or "Shall Issue" law. County clerks handle CPL applications. The former county concealed weapon licensing boards were eliminated and the county clerk system took over effective December 1, 2015. (MCL 28.425a)

Step-by-Step Application Process

Step 1: Obtain an Application Kit

County clerks must provide concealed pistol application kits free of charge during normal business hours to any individual who wishes to apply. (MCL 28.425(1))

Each kit may contain only the following:

• A concealed pistol license application form provided by the Director of the Department of State Police
• Fingerprint cards under MCL 28.425b(10), if required
• Written information about the procedures for obtaining a CPL
• Written information identifying entities that offer the training required under MCL 28.425b(7)(c), if the county clerk maintains that information

A county clerk shall not deny an individual the right to receive an application kit. An individual who is denied a kit and obtains a court order of mandamus directing the clerk to provide one is awarded actual and reasonable costs and attorney fees. (MCL 28.425(2), (3))

Step 2: Complete Required Training

Applicants must demonstrate knowledge and training in the safe use and handling of a pistol by completing a pistol safety training course or class that meets the requirements of MCL 28.425j (Section 5j). A certificate of completion must be submitted with the application. (MCL 28.425b(1)(h), (7)(c))

Under MCL 28.425j(1), a qualifying course must have been provided within the 5 years preceding the application and must consist of not less than 8 hours of instruction, including at least 5 hours of classroom instruction and at least 3 hours of firing range instruction during which the applicant fires at least 30 rounds of ammunition. The portion covering firearms and the law, including civil liability and the use of deadly force, must be taught by an attorney or an individual trained in the use of deadly force. (MCL 28.425j(1)(a), (b))

Renewal applicants have reduced training requirements. They must certify completion of at least 3 hours' review of the training described in MCL 28.425b(7)(c) and at least 1 hour of firing range time in the 6 months immediately preceding the renewal application. (MCL 28.425l(9))

Retired police officers and retired law enforcement officers are exempt from the educational requirements. (MCL 28.425l(8))

Step 3: File the Application with the County Clerk

The applicant must apply to the county clerk in the county in which the individual resides, during the county clerk's normal business hours. (MCL 28.425b(1))

The application must be signed under oath, administered by the county clerk or the county clerk's representative.

Required Application Contents (MCL 28.425b(1)):

• (a) Legal name, date of birth, address of primary residence, and state-issued driver license or personal identification card number
• (b) A statement that the applicant meets the criteria for a CPL
• (c) A statement authorizing the Department of State Police to access records needed for verification
• (d) A statement regarding any history of mental illness that would disqualify the applicant under MCL 28.425b(7)(j) to (l)
• (e) A statement regarding any conviction for a felony or for a specified disqualifying misdemeanor
• (f) A statement regarding whether the applicant has been dishonorably discharged from the Armed Forces
• (g) A passport-quality photograph (only if the applicant does not have a digitized photograph on file with the Secretary of State)
• (h) A certificate of completion of the required pistol safety training course

The county clerk shall not require any additional forms, documents, letters, or other evidence of eligibility beyond what is specified in the statute. (MCL 28.425b(2))

Warning: The application is executed under oath. The application form must contain a conspicuous warning of the felony penalty (MCL 28.425b(2)), and the criminal offense itself is set out in MCL 28.425b(3): an individual who intentionally makes a material false statement on the application is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both. A license issued on an application that contains a material false statement is void from the date it is issued. (MCL 28.425b(12))

Step 4: Pay the Application Fee

The applicant must pay a nonrefundable application and licensing fee of $100.00 by any method of payment the county accepts for other fees and penalties. (MCL 28.425b(5))

Fee distribution:

• $26.00 is deposited in the concealed pistol licensing fund of the county
• The balance is forwarded to the state treasurer and credited to the Department of State Police to process fingerprints and reimburse the Federal Bureau of Investigation

Except as provided for fingerprinting under MCL 28.425b(9), no other charge, fee, cost, or assessment, including any local fee, is required except as specifically authorized in the act. (MCL 28.425b(5))

Step 5: Obtain a Receipt

At the time the application is submitted, the county clerk issues a receipt containing:

• Name of the applicant
• State-issued driver license or personal identification card number
• Date and time the receipt is issued
• Amount paid
• Name of the county and an impression of the county seal
• A statement that the receipt is for the purpose of applying for a CPL and obtaining fingerprints and does not authorize the holder to carry a concealed pistol (MCL 28.425b(1))

Step 6: Fingerprinting

After submitting the application and paying the fee, the applicant must request that classifiable fingerprints be taken. Fingerprints may be taken by any of the following if it provides fingerprinting capability for purposes of the act: (MCL 28.425b(9))

• County clerk
• Department of State Police
• County sheriff
• Local police agency
• Other entity providing fingerprinting capability

Additional fingerprinting fee: $15.00. (MCL 28.425b(9))

The entity must take the fingerprints within 5 business days after the request and must issue a receipt at the time the fingerprints are taken. (MCL 28.425b(9))

Important: An application is not considered complete until fingerprints are taken, and is considered withdrawn if fingerprints are not taken within 45 days after the application is filed. A completed application and all receipts expire 1 year after the date of application. (MCL 28.425b(1))

Fingerprints are forwarded to the Department of State Police for comparison and then to the Federal Bureau of Investigation. (MCL 28.425b(10))

Renewal applicants are not required to have fingerprints taken again if the Department of State Police has established a system to maintain fingerprints in its AFIS database and the applicant's fingerprints have been submitted and are maintained there. (MCL 28.425l(10))

Step 7: Background Check and Verification

The Department of State Police verifies the applicant's eligibility under MCL 28.425b(7)(d), (e), (f), (h), (i), (j), (k), and (m) through the Law Enforcement Information Network (LEIN) and the National Instant Criminal Background Check System (NICS), and reports all statutory disqualifications, if any, to the county clerk. (MCL 28.425b(6))

Within 5 business days after completing the verification, the Department sends the county clerk a list of the individual's statutory disqualifications under the act. The county clerk generally may not issue a license until it receives that report. (MCL 28.425b(10))

Step 8: Issuance or Denial

The county clerk must issue a license or a notice of statutory disqualification not later than 45 days after the date the individual has classifiable fingerprints taken. (MCL 28.425b(13))

If the county clerk issues a notice of statutory disqualification, then within 5 business days after that notice the clerk must, in writing: (a) inform the individual of the reason for the disqualification, including a statement of each statutory disqualification identified, the source of the record, and contact information for that source; and (b) inform the individual of the right to appeal the denial or notice of statutory disqualification to the circuit court under MCL 28.425d. (MCL 28.425b(13)(a)-(b))

If a license or notice of statutory disqualification is not issued within the 45-day period, the fingerprint receipt serves as a concealed pistol license when carried with a state-issued driver license or personal identification card, and remains valid until a license or notice of statutory disqualification is issued. (MCL 28.425b(14))

The license is sent to the applicant by first-class mail in a sealed envelope. (MCL 28.425b(19))

Eligibility Requirements (MCL 28.425b(7))

The county clerk shall issue a license if all of the following are met:

• (a) The applicant is 21 years of age or older.
• (b) The applicant is a U.S. citizen or an alien lawfully admitted into the United States, is a legal resident of Michigan, and has resided in Michigan for not less than the 6 months immediately preceding the date of application.
  • The 6-month residency requirement is waived for an emergency license under MCL 28.425a(4) when the applicant is a petitioner for a personal protection order or the sheriff finds clear and convincing evidence of danger, and is also waived for an applicant who holds a valid CPL from another state at the time Michigan residency is established.
  • Legal residency is established by a valid Michigan driver license or state ID, lawful voter registration in Michigan, or active duty military status connected to Michigan as described in the statute.
• (c) The applicant has knowledge and training in the safe use and handling of a pistol through a course that meets the requirements of MCL 28.425j.
• (d) Based solely on the report from the Department of State Police, the applicant is not the subject of an order or disposition under any of the following: MCL 330.1464a; MCL 700.5107; MCL 600.2950 and 600.2950a; MCL 765.6b (if the order has a condition imposed under MCL 765.6b(3)); MCL 769.16b; or the extreme risk protection order act.
• (e) The applicant is not prohibited from possessing firearms under MCL 750.224f.
• (f) The applicant has never been convicted of a felony, and no felony charge is pending.
• (g) The applicant has not been dishonorably discharged from the Armed Forces.
• (h) The applicant has not been convicted of, and has no pending charge for, a specified misdemeanor within the 8 years immediately preceding the application (an extensive list that includes assault and domestic assault, certain OWI second-offense violations, stalking, fourth degree criminal sexual conduct, and various firearms offenses).
• (i) The applicant has not been convicted of, and has no pending charge for, a specified misdemeanor within the 3 years immediately preceding the application (including OWI, controlled substance violations, larceny, and disorderly person, among others), unless that violation is already listed under subdivision (h).
• (j) The applicant has not been found guilty but mentally ill of any crime and has not been acquitted of any crime by reason of insanity.
• (k) The applicant is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.
• (l) The applicant has filed the statement under MCL 28.425b(1)(d) that he or she does not have a current diagnosis of mental illness that includes an assessment of danger to self or others.
• (m) The applicant is not under a court order of legal incapacity.
• (n) The applicant has a valid state-issued driver license or personal identification card.

Note: MCL 552.14 (a domestic relations order under 1846 RS 84) is a disqualifier for a license to purchase a pistol under MCL 28.422(3)(a), but it is not listed among the CPL eligibility disqualifiers in MCL 28.425b(7)(d). A person subject only to an MCL 552.14 order is not, for that reason alone, barred from a CPL under MCL 28.425b(7)(d).

Emergency License (MCL 28.425a(4))

A county clerk shall issue an emergency CPL to an individual who:

• Has obtained a personal protection order (PPO) under MCL 600.2950 or 600.2950a, or
• Is the subject of a county sheriff's determination that there is clear and convincing evidence that the safety of the individual or a member of the individual's family or household is endangered by the inability to immediately obtain a CPL.

Requirements and terms for an emergency license:

• Eligibility is verified under MCL 28.425b(7)(d), (e), (f), (h), (i), (j), (k), and (m) through a LEIN criminal record check.
• Fingerprints are taken by the county sheriff in compliance with MCL 28.425b(9).
• The applicant must complete a pistol training course under MCL 28.425j and apply for a regular CPL under MCL 28.425b within 10 business days after applying for the emergency license. If the applicant does not do both within 10 business days, the emergency license is no longer valid.
• Fees: the county sheriff may charge up to $15.00, and the county clerk may charge up to $10.00 for printing the emergency license.
• An emergency license is valid for 45 days or until the county clerk issues a notice of statutory disqualification, whichever occurs first.
• An individual shall not obtain more than 1 emergency license in any 5-year period.
• If a notice of statutory disqualification is issued, the holder must immediately surrender an unexpired emergency license to the county clerk. Failure to surrender after notice of disqualification is a misdemeanor punishable by up to 93 days imprisonment or a fine of up to $500.00, or both.

Renewal Process (MCL 28.425l)

• A renewal application may be submitted to the county clerk, by first-class mail to the Department of State Police, or through the Department's online system, no more than 6 months before the current license expires. (MCL 28.425l(1), (2))
• Renewal application and licensing fee: $115.00, of which $36.00 is deposited in the concealed pistol licensing fund of the county. (MCL 28.425l(1), (2))
• The county clerk must issue a renewal license or a notice of statutory disqualification within 30 days after the renewal application is received. (MCL 28.425l(3))
• If an individual applies for renewal before the current license expires, the expiration date of the current license is extended until the renewal license or notice of statutory disqualification is issued. While carrying under that extension, the individual must keep the renewal receipt and the expired license in his or her possession. (MCL 28.425l(6), (7))
• Reduced training requirements apply: certification of at least 3 hours' review of training and at least 1 hour of firing range time in the 6 months immediately preceding the renewal application. (MCL 28.425l(9))
• Fingerprints are generally not required again if the applicant's prints are maintained in the AFIS database. (MCL 28.425l(10))

License Validity and Details

• A license, including a renewal 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. (MCL 28.425l(1))
• Format: same dimensions as a Michigan operator license; constructed of plastic laminated paper or hard plastic. (MCL 28.425c(1))
• Optional hard plastic fee: up to $10.00, but only if the county clerk also offers a plastic laminated paper license at no charge. (MCL 28.425c(1))
• Replacement fee: $10.00 for a license that is lost, stolen, defaced, or replaced for any other reason. (MCL 28.425b(15))
• A license remains valid if the holder moves to a different county within Michigan. (MCL 28.425b(15))

Acknowledgment Requirement

The county clerk distributes a compilation of Michigan firearms laws and the forms for appealing a notice of statutory disqualification or a suspension or revocation. The applicant must sign a written statement acknowledging receipt of that compilation and those forms. An individual is not eligible to receive a CPL until this statement is signed. (MCL 28.425a(5))

Appeal Process (MCL 28.425d)

If the county clerk issues a notice of statutory disqualification, fails to provide a required receipt, or fails to issue a license:

• The applicant may appeal to the circuit court in the judicial circuit in which he or she resides. (MCL 28.425d(1))
• The appeal is determined by a review of the record for error. (MCL 28.425d(1))
• If the court finds that the notice of statutory disqualification, the failure to provide a receipt, or the failure to issue the license was clearly erroneous or arbitrary and capricious, the court shall order the county clerk to issue the license or receipt. (MCL 28.425d(2))
• For applications submitted after November 30, 2015, the court may order an entity to refund filing fees the applicant incurred, and if the action was arbitrary and capricious the court shall order the responsible entity to pay the applicant's actual costs and actual attorney fees, according to that entity's degree of responsibility. (MCL 28.425d(2), (3))
• If the court determines that the appeal was frivolous, the court shall order the applicant to pay the actual costs and actual attorney fees of the county clerk, the entity taking the fingerprints, or the state in responding to the appeal. (MCL 28.425d(4))

Firearms Records Confidentiality (MCL 28.421b)

Firearms records are confidential and are not subject to disclosure under the Freedom of Information Act. They may be accessed and disclosed only by a peace officer or authorized system user for the purposes specified in the statute. (MCL 28.421b(1), (2)) A person who intentionally violates the access and disclosure rules is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00. (MCL 28.421b(3))

Carrying Requirements (MCL 28.425f)

A CPL holder who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology must:

• Have the CPL and a state-issued driver license or personal identification card in possession at all times while carrying. (MCL 28.425f(1))
• Show both documents to a peace officer upon request. (MCL 28.425f(2))
• Immediately disclose to a peace officer who stops them that they are carrying a concealed pistol or such a device. (MCL 28.425f(3))

Penalties:

• Failure to have or to show the required documents (a violation of MCL 28.425f(1) or (2)) is a state civil infraction with a fine of $100.00. (MCL 28.425f(4))
• Failure to immediately disclose to a peace officer (a violation of MCL 28.425f(3)) is a state civil infraction for both a first and a subsequent offense, not a misdemeanor. For a first offense the fine is $500.00 and the CPL is suspended for 6 months. For a subsequent offense within 3 years of a prior offense the fine is $1,000.00 and the CPL is revoked. (MCL 28.425f(5)(a)-(b))