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...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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.
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.
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:
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.
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:
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:
Federal case law was also cited: United States v. Moerman, 233 F3d 379 (CA 6, 2000).
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.
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:
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.
Under MCL 750.234d(2), subsection (1) does not apply to:
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 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:
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 does not make every offense or every felony in a school zone a uniform crime. It works in three distinct ways:
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:
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.
A CPL meaningfully expands where a person may lawfully carry:
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)):
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:
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).
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:
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.
The Michigan State Police and widely used firearms-law guides describe "lawful purpose" transport situations that include, among others:
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.
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):
To retrieve (arriving at a destination):
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.
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.
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.
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."
| Statute | Subject |
|---|---|
| MCL 750.226 | Carrying a dangerous weapon with unlawful intent |
| MCL 750.227 | Carrying a concealed pistol or carrying in a vehicle; felony penalty |
| MCL 750.227c & 750.227d | Transportation of firearms other than pistols |
| MCL 750.231a | Exceptions to MCL 750.227(2); lawful transportation in a vehicle |
| MCL 750.234d | Possession of a firearm on certain premises and at election locations |
| MCL 750.234e | Brandishing a firearm in public |
| MCL 750.234f | Possession of firearms in public by minors |
| MCL 750.237a | Weapon-free school zones |
| MCL 750.552 | Trespass |
| MCL 28.422 | License to purchase, carry, possess, or transport a pistol; non-resident exemption |
| MCL 28.422a | Pistol Sales Record requirements |
| MCL 28.425o | Pistol-free zones for CPL holders (concealed carry only) |
| MCL 28.432 | Inapplicability of MCL 28.422 to listed persons (including the borrowed-pistol exception) |
| MCL 28.432a | Persons exempt from the requirement to obtain a CPL (including recognized out-of-state residents) |
| MCL 123.1102 | Prohibition on local firearm regulation |
This page covers one part of our Michigan concealed carry guide.
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