Michigan Concealed Carry Laws: Overview

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)
• The restricted premises in MCL 28.425o apply specifically to concealed carry, but that does not leave an unlicensed open carrier free of premises rules. MCL 750.234d(1) bars a person from 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 of 1998; 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 750.234d(8). MCL 750.237a(4) makes possessing a weapon in a weapon free school zone 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, or more than one of those. Each prohibition carries an exception for a person licensed by this state or another state to carry a concealed weapon - MCL 750.234d(2)(c); MCL 750.237a(5)(c). A CPL is the condition that unlocks those exceptions, so it is the licensed carrier, not the unlicensed open carrier, who reaches the wider set of places
• 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) or a valid CPL is required to acquire a pistol from a private seller. A federal background check by itself is not a third path for a pistol. The background-check alternative in MCL 28.422a(1)(d) applies only to "an individual purchasing a firearm other than a pistol" who has a federal national instant criminal background check performed by a federally licensed firearms dealer not more than 5 days before the purchase. The general process under MCL 28.422 requires:

1. Obtain an LTP from your local police department or county sheriff's office (the applicant must be a citizen of the United States or an alien lawfully admitted into the United States and a legal resident of this state; legal residency rests on a valid, lawfully obtained Michigan driver license or official state personal identification card, lawful voter registration in this state, or qualifying active-duty military status - MCL 28.422(3)(c))
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. If the firearm is a pistol, the seller must return 1 copy of the license to the licensing authority not later than 10 days after the date the pistol is purchased or acquired, in person or by first-class or certified mail; a seller who fails to comply is responsible for a state civil infraction and may be fined not more than $250 - MCL 28.422(5). Not later than 10 days after receiving that copy, the licensing authority enters the information into the pistol entry database as required by the Department of State Police, or provides that information to the department if it cannot enter it electronically - 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

• Purchasing, carrying, possessing, or transporting a pistol has required a license for the pistol under MCL 28.422(1)(a), satisfied by an LTP or by the CPL exemption in MCL 28.422a. Effective February 13, 2024 (2023 PA 19; 2023 PA 37), MCL 28.422(1)(b) extended the licensing requirement to the purchase of a firearm that is not a pistol, and that subdivision does not apply to a purchase or acquisition that occurred before its effective date
• 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

An Attorney General opinion reprinted in the Legislature's "Firearms Laws of Michigan" compilation under the headnote "FIREARMS ACT: Exemptions for residents and nonresidents from pistol licensing requirements" concludes that a Michigan resident who holds a concealed pistol license issued by another state is exempt under MCL 28.432(1)(f) from obtaining a license to purchase, carry, possess, or transport a pistol as required by MCL 28.422, but is not exempt from obtaining a concealed pistol license under MCL 28.425b in order to carry a concealed pistol in Michigan. The same opinion concludes that such a resident may lawfully transport a pistol in a vehicle in Michigan "because such a resident is in compliance with section 2 by virtue of the exemption in section 12," citing MCL 750.227(2) and MCL 750.231a(1)(a), (d), and (e). Because MCL 750.231a(1)(a) reaches only a license issued by the carrier's own state of residence, the working route for a Michigan resident is MCL 750.231a(1)(d) and (1)(e): transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with MCL 28.422, with the pistol unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle, or, in a vehicle that does not have a trunk, in such a case that is not readily accessible to the occupants.

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. Dropping the CPL and carrying openly instead does not open most of these places up, because separate statutes bar firearm possession there without regard to whether the firearm is concealed, and they exempt the CPL holder rather than the unlicensed carrier: MCL 750.234d(1) for the depository, worship, court, theatre, sports arena, day care, hospital, and liquor-licensed premises, and MCL 750.237a(4) for school property, where "school" under MCL 750.237a(6)(b) means a school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. Neither statute reaches a college or university dormitory or classroom, which appears only in the MCL 28.425o(1) concealed-carry list. Individual property owners and certain entities may impose additional restrictions.

A separate statute, MCL 750.234d(1), provides that a person shall not possess a firearm on the premises of a depository financial institution or a subsidiary or affiliate of one, 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 of 1998. 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 750.234d(8). The prohibition does not apply to a person licensed by this state or another state to carry a concealed weapon - MCL 750.234d(2)(c).

MCL 750.237a(4) separately provides that an individual who possesses a weapon in a weapon free school zone, meaning school property and a vehicle used by a school to transport students to or from school property, 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, or more than one of those. That prohibition does not apply to an individual licensed by this state or another state to carry a concealed weapon - MCL 750.237a(5)(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 Restrictions

• Armor-piercing ammunition: Restricted under MCL 750.224c

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.

Employers are limited by statute. Except as provided in MCL 28.425n(3), an employer shall not prohibit an employee from applying for or receiving a license to carry a concealed pistol, or from carrying a concealed pistol in compliance with a license issued under the act - MCL 28.425n(2). That subdivision does not prohibit an employer from prohibiting an employee from carrying a concealed pistol in the course of his or her employment with that employer, and under MCL 28.425n(3) a police agency may prohibit an employee of that agency from carrying a concealed pistol if doing so would result in increased insurance premiums or a loss or reduction of insurance coverage for that employer.

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. This overview is informational and is not legal advice. Federal firearms law is beyond the scope of this guide.