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).