Michigan Open Carry Laws

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. Under MCL 750.234f(1), except as provided in subsection (2), an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older.
• 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."

The question put to the Attorney General was about reserve police officers, and that is the scope of the holding. The reasoning is what carries over to a holstered handgun generally: a reserve police officer, regardless whether he or she qualifies as a "peace officer," 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 in violation of section 234e of the Michigan Penal Code."

When that opinion issued in 2002, the term "brandishing" was not defined in MCL 750.234e, and the Attorney General noted there were no reported Michigan cases defining the term. 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).

Michigan has since defined the term by statute. MCL 750.222(c), added by 2015 PA 28 and effective August 10, 2015, provides that "Brandish" means to point, wave about, or display in a threatening manner with the intent to induce fear in another person. That definition applies throughout the chapter of the Michigan Penal Code that contains MCL 750.234e, so it governs the brandishing offense today. The 2002 dictionary definitions above are the pre-2015 background. The holster conclusion in Opinion No. 7101 is consistent with the statutory text, because a pistol carried in a holster in plain view is not pointed, waved about, or displayed in a threatening manner with the intent to induce fear.

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 several 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(3) limits both of those enhancement provisions. Subsections (1) and (2) do not apply to conduct proscribed under a section enumerated in those subsections to the extent that the proscribed conduct is otherwise exempted or authorized under this chapter.
• 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. Under MCL 750.237a(6)(b), "school" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. Under MCL 750.237a(6)(c), "school property" means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building 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. The subsection (1) and (2) enhancements are separate provisions that attach to the offenses those subsections enumerate, and under subsection (3) they do not apply to that conduct to the extent it is otherwise exempted or authorized under this chapter. 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))

The subsection (1) list ends there. Casinos are handled separately: MCL 28.425o(3) provides that an individual licensed under the act to carry a concealed pistol, or who is exempt from licensure under section 12a(h), shall not carry a concealed pistol in violation of R 432.1212 of the Michigan Administrative Code. That is a distinct prohibition, not one of the subsection (1) premises.

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.

The Michigan State Police state it this way: "Note, the above statute applies to CPL holders carrying a concealed pistol. If the CPL holder is carrying a non-concealed pistol, the statute does not apply." They then conclude that "a person with a valid CPL may carry a non-concealed pistol in the areas described in MCL 28.425o and MCL 750.234d." That blanket conclusion sweeps in the casino entry that appears on the same MSP pistol-free-zone list, and on casinos it is over-broad. MCL 28.425o(3) bars only carrying a concealed pistol in violation of R 432.1212 of the Michigan Administrative Code, but Rule 212(1) itself provides that "An individual may not carry a firearm or other weapon in a casino, except for any of the following:" and then lists six exceptions at (a) to (f), including retired police officers who hold a license to carry a concealed pistol and casino security personnel licensed to carry a concealed pistol while on duty. A casino is therefore governed by R 432.1212 rather than by the concealed-only text of MCL 28.425o(1), and carrying a firearm openly in a casino is barred by that rule unless one of the Rule 212(1)(a) to (f) exceptions applies.

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

• K-12 schools: In Michigan Gun Owners, Inc. v. Ann Arbor Public Schools, 502 Mich 695 (2018) (Docket Nos. 155196 and 155204, decided July 27, 2018), the Michigan Supreme Court held that the school districts' policies banning firearms on school property were not expressly preempted and were not impliedly field-preempted, and it affirmed the Court of Appeals judgments. The Court did not decide whether the policies were conflict-preempted, and it declined to reach the argument that the districts lacked authority to adopt the policies at all, because the plaintiffs had abandoned it. Michigan Open Carry Inc. v. Clio Area School District was Docket No. 155204, decided in that same consolidated opinion. 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. The license exception is narrow: the individual must be "licensed to do so by the State in which the school zone is located or a political subdivision of the State," and that State or subdivision must require law enforcement authorities to verify the individual's qualification before the license issues.
• Court facilities: Courts are off-limits under MCL 750.234d(1)(c) for those without a recognized CPL. Beyond the statute, the Michigan Supreme Court by administrative order has prohibited "[w]eapons . . . in any courtroom, office, or other space used for official court business . . . unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy" (Administrative Order 2001-1). Many circuit courts have issued their own policies banning the presence of weapons (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)) 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 neither licensed under MCL 28.422 nor covered by an exemption from that section does not qualify for these subsections. The exemption route is real: the Michigan Attorney General has concluded that a Michigan resident holding another state's concealed pistol license may transport a pistol under these subsections "because such a resident is in compliance with section 2 by virtue of the exemption in section 12," that is, MCL 28.432. 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)

Michigan State Police Legal Update No. 86 describes "lawful purpose" transport situations that include:

• 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. MCL 123.1101(b) defines "local unit of government" to mean "a city, village, township, or county," so those four entities are what the preemption statute reaches. The Michigan Court of Appeals in Michigan Coalition for Responsible Gun Owners v. Ferndale, 256 Mich App 401 (2003), held that, in light of MCL 123.1102, state law completely occupies the field of firearm regulation to the exclusion of local units of government.

In Michigan Gun Owners, Inc. v. Ann Arbor Public Schools, 502 Mich 695 (2018), the Michigan Supreme Court narrowed that language. It overruled Ferndale to the extent Ferndale had cited MCL 123.1102 as supporting the proposition that state law completely occupied the field of firearms regulation. Under the Supreme Court's reading, MCL 123.1102 "expressly preempts regulation of firearms by a city, village, township, or county," but "does not apply to school districts, which are left out of the Legislature's list." Entities outside that list are analyzed under the implied-preemption test from People v. Llewellyn, 401 Mich 314 (1977).

In Capital Area District Library v. Michigan Open Carry, Inc., 298 Mich App 220 (No. 304582, Mich. Ct. App., October 25, 2012), the Court of Appeals applied the pre-2018 field-preemption analysis to district libraries established under the District Library Establishment Act (MCL 397.171 et seq.). The court worked through the three People v. Llewellyn factors, found that all three supported field preemption, and, holding itself bound by the Ferndale field-preemption analysis, reversed the trial court's rulings upholding and enforcing the library's weapons policy to the extent that policy regulated firearm possession. Because the Supreme Court later overruled the Ferndale proposition that analysis rested on, the continuing force of that result is unsettled. Do not read it as a current rule that a district library cannot restrict open carry on its premises.

The Supreme Court's 2018 reading of MCL 123.1102 together with MCL 123.1101(b) governs the preemption question today. School districts fall outside the preemption statute because the Legislature limited "local unit of government" to a city, village, township, or county, which is why the K-12 school-property policies in Ann Arbor Public Schools and Clio Area School District survived the field-preemption challenge.

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 nonconcealed 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.
• "Brandish" is defined by statute at MCL 750.222(c), added by 2015 PA 28 and effective August 10, 2015: to point, wave about, or display in a threatening manner with the intent to induce fear in another person. That definition applies to the chapter containing MCL 750.234e. Attorney General Opinion No. 7101 (2002) predates the definition and relied on dictionary meanings, and the prohibition still 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. Subsection (3) turns off the subsection (1) and (2) enhancements to the extent the proscribed conduct is otherwise exempted or authorized under the chapter.

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. Statute text is quoted from the Michigan Legislature's published compilation (legislature.mi.gov).
• Michigan State Police: Legal Update No. 86 (October 26, 2010).
• Michigan Department of Attorney General: Opinion No. 7101 (February 6, 2002).
• Michigan Supreme Court: Michigan Gun Owners, Inc. v. Ann Arbor Public Schools and Michigan Open Carry Inc. v. Clio Area School District, 502 Mich 695 (2018) (Docket Nos. 155196 and 155204, decided July 27, 2018).
• Michigan Court of Appeals: Capital Area District Library v. Michigan Open Carry, Inc., 298 Mich App 220 (No. 304582, October 25, 2012).