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.