Michigan State Preemption of Firearm Regulations

Michigan has a comprehensive state preemption law that strips local units of government of authority to regulate firearms within the subjects the statute names. The state occupies that field to the exclusion of cities, villages, townships, and counties.

Primary Preemption Statute: MCL 123.1102

Michigan's preemption statute, Sec. 2 of 1990 PA 319 (as amended by 2015 PA 29, effective August 10, 2015), provides:

"A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state."

The 2015 amendment added "or pneumatic guns" to the list of items local governments may not regulate. Some older court opinions, including the 2012 Capital Area District Library decision discussed below, quote the pre-2015 text that does not include pneumatic guns.

Definition of Local Unit of Government

Under MCL 123.1101(b), "local unit of government" means "a city, village, township, or county." Subsection (a) of MCL 123.1101 defines "firearm," subsection (c) defines "pistol," and subsection (d) defines "pneumatic gun." This subsection lettering reflects the statute as amended in 2015. Note that the 2012 Capital Area District Library opinion cites the same definition as MCL 123.1101(a) because it predates the 2015 renumbering. The substance is identical: only a city, village, township, or county is a "local unit of government" for preemption purposes.

Legislative Intent

The preemption law was enacted as 1990 PA 319 to address the "proliferation of local regulation regarding firearm ownership, sale, and possession" and the "concern that continued local authority to enact and enforce gun control ordinances may result in the establishment of a patchwork of ordinances." (House Legislative Analysis, HB 5437, January 30, 1991, p 1, as quoted in Capital Area District Library v. Michigan Open Carry, Inc.)

Scope of Preemption

Michigan courts have read the preemption statute broadly, but the Michigan Supreme Court has confirmed it reaches only the entities the Legislature listed.

Field preemption and its limits

In Michigan Coalition for Responsible Gun Owners v. City of Ferndale, 256 Mich App 401 (2003), the Court of Appeals held that, in effect, "state law completely occupies the field of regulation that the Ferndale ordinance seeks to enter," striking down a city ordinance that banned weapons in city-owned buildings such as city hall, fire stations, and the library. The court reasoned that the statutory language is "broad and all-encompassing" and "cannot reasonably be interpreted to exclude local ordinances that address the carrying of firearms in municipal buildings."

In Michigan Gun Owners, Inc. v. Ann Arbor Public Schools, 502 Mich 695 (2018), the Michigan Supreme Court narrowed the reach of that "completely occupies the field" language. The Court held that 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." Because MCL 123.1102 and MCL 123.1101 reflect the Legislature's intent to preempt some local units of government but not others, that intent controls, and school district firearm policies are therefore not field-preempted. The Court overruled Ferndale to the extent it had cited MCL 123.1102 to support the proposition that state law "completely occupied the field of firearms regulation" in a way that would reach entities outside the statutory list.

The practical upshot is that MCL 123.1102 bars firearm regulation by the listed local units of government (city, village, township, county) within the enumerated subjects. Entities not on that list are analyzed under the implied-preemption test from People v. Llewellyn, 401 Mich 314 (1977).

Extension to quasi-municipal entities

In Capital Area District Library v. Michigan Open Carry, Inc., 298 Mich App 220 (No. 304582, October 25, 2012), the Court of Appeals held that field preemption reaches a quasi-municipal corporation such as a district library, even though a district library is not within the MCL 123.1101 definition of "local unit of government." The court applied the four-factor Llewellyn analysis:

1. Express exclusivity: MCL 123.1102 clearly, albeit indirectly, makes the state's authority over the enumerated firearm subjects exclusive.
2. Legislative history: the statute was designed to prevent a "patchwork of ordinances."
3. Pervasiveness of state regulation: Michigan's statutory scheme is "a broad, detailed, and multifaceted attack" on the regulation of firearm possession.
4. Need for uniformity: the nature of firearm regulation demands exclusive state regulation to avoid a "Balkanized patchwork of inconsistent local regulations."

Because all factors favored preemption, the court held the library's weapons policy preempted to the extent it regulated firearm possession.

State-Level Restrictions on Firearm Possession in Specific Locations

Local governments are preempted from regulating firearms, but the state has enacted its own location-based restrictions. These are state law, not local ordinances, so they are not affected by preemption.

MCL 750.234d - firearm-free premises

MCL 750.234d(1) prohibits possession of a firearm, subject to the exceptions in subsection (2), on the premises of:

• a depository financial institution (or a subsidiary or affiliate),
• a church or other house of religious worship,
• a court,
• a theatre,
• a sports arena,
• a day care center,
• a hospital, and
• an establishment licensed under the Michigan Liquor Control Code of 1998.

MCL 750.234d(2) exempts, among others, a peace officer and a person licensed by this state or another state to carry a concealed weapon (MCL 750.234d(2)(c)). A violation of MCL 750.234d is a misdemeanor punishable by up to 90 days, a fine of up to $100, or both (MCL 750.234d(8)).

MCL 750.234d(3) - voting-related locations (2024 amendments)

MCL 750.234d(3), added by 2024 PA 157 and 2024 PA 158 (effective April 2, 2025), prohibits firearm possession at voting-related locations, subject to the exceptions in subsections (4) and (5):

• MCL 750.234d(3)(a): while the polls are open on an election day, in a polling place or within 100 feet of any entrance to a building containing a polling place.
• MCL 750.234d(3)(b): on any day early voting is conducted, at an early voting site or within 100 feet of any entrance to a building containing an early voting site.
• MCL 750.234d(3)(c): for 40 days before an election, within 100 feet of any absent voter ballot drop box.
• MCL 750.234d(3)(d): during the 40-day in-person absentee period, in a city or township clerk's office (or staffed satellite office) or within 100 feet of any entrance.

MCL 750.234d(4) exempts a peace officer, a person on that person's own residence or private property (or with permission to be there), and a person carrying a concealed pistol who is licensed by this state or another state. MCL 750.234d(5) exempts a person lawfully transporting or possessing a firearm in a vehicle. A separate provision, MCL 750.234d(6), restricts firearms at an absent voter counting place while ballots are being processed, exempting only a uniformed law enforcement officer acting in the course of duty (MCL 750.234d(7)).

MCL 750.237a - weapon-free school zones

MCL 750.237a(4) prohibits possession of a weapon in a weapon-free school zone, which MCL 750.237a(6)(e) defines as "school property and a vehicle used by a school to transport students to or from school property." A peace officer and a person licensed to carry a concealed weapon are exempt (MCL 750.237a(5)).

MCL 750.237a does not punish "any felony" committed in a school zone. Instead, MCL 750.237a(1) and (2) enhance the penalty only for the specific weapon offenses the statute lists. Conduct proscribed under sections 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or a second or subsequent violation of section 223(2), committed in a weapon-free school zone is a felony (MCL 750.237a(1)). Conduct proscribed under sections 223(1), 224d, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or a first violation of section 223(2), committed in a weapon-free school zone is a misdemeanor (MCL 750.237a(2)). Offenses not listed in the statute are not subject to these school-zone enhancements.

MCL 28.425o - places where a CPL holder may not carry concealed

MCL 28.425o(1) prohibits a CPL holder (or a person exempt from licensure under section 12a(h) of Act 372 of 1927, codified as MCL 28.432a(h)) from carrying a concealed pistol, subject to the exceptions in subsection (5), on the premises of:

• (a) a school or school property (a parent or legal guardian may carry concealed while in a vehicle on school property to drop off or pick up a student);
• (b) a public or private child care center or day care center, child caring institution, or child placing agency;
• (c) a sports arena or stadium;
• (d) 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 for on-premises consumption (this does not apply to an owner or employee);
• (e) any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official permits concealed carry there;
• (f) an entertainment facility with a seating capacity of 2,500 or more that the individual knows or should know has that capacity, or that posts that capacity;
• (g) a hospital; and
• (h) a dormitory or classroom of a community college, college, or university.

Under MCL 28.425o, "premises" does not include the parking areas of these places.

Penalties under MCL 28.425o(6) escalate:

Preemption and Federal Law

Michigan's firearm laws coexist with, and are not displaced by, the federal Gun Control Act. In In re Timothy Erik Schultz, No. 350292 (Mich Ct App 2020), the Court of Appeals held that Michigan's statutes restoring a felon's firearm rights (MCL 750.224f and MCL 28.424) are not preempted by the federal felon-in-possession statute, 18 USC 922(g). The court relied on 18 USC 927, under which no provision of the federal chapter is construed to "occupy the field . . . to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict." Because restoring rights under Michigan law for state-law purposes does not impair federal enforcement of 18 USC 922(g), there was no direct and positive conflict. The court also noted that 18 USC 921(a)(20) recognizes a state's authority to restore a felon's firearm rights for state-law purposes.

State Entities That May Restrict Firearms Beyond Preemption

Because MCL 123.1102 binds only cities, villages, townships, and counties, several state-level or quasi-state entities may restrict firearms on their own property even though local governments could not:

• School districts. Under Michigan Gun Owners v. Ann Arbor Public Schools, 502 Mich 695 (2018), school districts are not "local units of government," so their firearm policies are not preempted.
• The Michigan State Capitol Commission. AG Opinion No. 7311 (2020) concluded that the Commission may prohibit firearms in the areas under its control, including inside the Capitol building, under 2013 PA 240, MCL 4.1941 et seq. The opinion reasoned that the Commission is not a "city, village, township, or county" and so is not a "local unit of government" under MCL 123.1101(b), citing the Ann Arbor Public Schools decision.
• Michigan courts. By Michigan Supreme Court Administrative Order 2001-1, weapons are barred in any courtroom, office, or other space used for official court business unless the chief judge gives prior approval consistent with a written policy. Many circuit courts have issued their own weapons policies.

Retired Law Enforcement Officers

MCL 28.526 (Sec. 16 of 2008 PA 537) provides that the retired law enforcement officer act "does not preempt any existing state or federal statute, regulation, or other authority governing the use, possession, carrying, or receiving of firearms or ammunition in this state, including application by a qualified retired law enforcement officer to carry a concealed firearm under 18 USC 926C."

Key Takeaways for Concealed Carry Permit Holders

• Cities, villages, townships, and counties cannot enact their own firearm regulations within the subjects enumerated in MCL 123.1102 (ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, pneumatic guns, ammunition, or components) beyond what state law provides.
• Quasi-municipal entities such as district libraries are also subject to state preemption, per Capital Area District Library v. Michigan Open Carry, Inc.
• School districts (per Michigan Gun Owners v. Ann Arbor Public Schools, 502 Mich 695 (2018)) and the State Capitol Commission (per AG Opinion No. 7311 (2020)) are not bound by MCL 123.1102 and may restrict firearms on their own property beyond state law.
• CPL holders should know the state-level prohibited locations under MCL 28.425o(1) and MCL 750.234d, the school-zone rules in MCL 750.237a, and Michigan Supreme Court Administrative Order 2001-1 for court facilities.
• Federal location restrictions apply independently of Michigan preemption, including 18 USC 930 (federal facilities), 18 USC 922(q) (federal Gun-Free School Zones Act), and 39 CFR 232.1(l) (U.S. Postal Service property). Confirm the current text of these federal provisions before relying on them.
• The 2024 voting-site amendments (2024 PA 157 and 158) added polling places, early voting sites, drop-box areas, and clerk's offices to the list of restricted locations under MCL 750.234d(3), but a person carrying a concealed pistol under a valid license is exempt from those voting-site restrictions under MCL 750.234d(4)(c).