Michigan Firearm Storage Requirements

Overview

Public Act 17 of 2023 (Senate Bill 79) amended the Michigan Firearms Act (1927 PA 372) by adding MCL 28.429, creating mandatory "safe storage" requirements for firearms where a minor is present or likely to be present. The requirements took effect February 13, 2024.

A companion act, Public Act 16 of 2023 (Senate Bill 80), placed the new felony offenses into Michigan's sentencing guidelines (MCL 777.11b). Public Acts 14 and 15 of 2023 (Senate Bills 82 and 81) created a temporary sales and use tax exemption for firearm safety devices.

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Safe Storage Requirements

On Premises Under the Individual's Control (MCL 28.429(1))

An individual who stores or leaves a firearm unattended on premises under the individual's control, and who knows or reasonably should know that a minor is, or is likely to be, present on the premises, must do one or more of the following:

1. Store the firearm in a "locked box or container."
2. Keep the firearm unloaded AND lock the firearm with a "locking device" that is properly engaged to render the firearm inoperable by any individual other than the owner or an authorized user.

When Entering Premises of Another Individual (MCL 28.429(2))

An individual who enters onto the premises of another individual, stores or leaves a firearm unattended on those premises, and who knows or reasonably should know that a minor is, or is likely to be, present on the premises, must do one or more of the following:

• Store the firearm in a locked box or container (MCL 28.429(2)(a)), OR
• Keep the firearm unloaded and lock the firearm with a locking device that is properly engaged to render the firearm inoperable by any individual other than the owner or an authorized user (MCL 28.429(2)(b)), OR
• Before entering onto the premises, do both of the following (MCL 28.429(2)(c)):
  1. In the individual's motor vehicle, store the firearm in a locked box or container, OR keep the firearm unloaded and lock it with a locking device that is properly engaged to render the firearm inoperable by any individual other than the owner or an authorized user (MCL 28.429(2)(c)(i)).
  2. Lock the individual's motor vehicle (MCL 28.429(2)(c)(ii)).

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Key Definitions

The terms below are defined in MCL 28.429(10), except "firearm," which is defined for the Firearms Act in MCL 28.421(1)(c).

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Penalties for Safe Storage Violations

Criminal liability attaches only if the individual violates subsection (1) or (2) by failing to store or leave the firearm in the required manner AND, as a result of the violation, a minor obtains the firearm. The grade of the offense depends on what the minor then does with the firearm.

The Class C, D, and E felony designations come from the sentencing guidelines added by Public Act 16 of 2023 (MCL 777.11b).

Note: A criminal penalty under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct (MCL 28.429(9)).

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Exceptions (MCL 28.429(7))

The safe storage requirements and associated penalties do not apply in any of the following circumstances:

1. Supervised use by a minor. A minor who does all of the following (MCL 28.429(7)(a)):

   • Obtains a firearm with the permission of the minor's parent or guardian.
   • Uses or possesses the firearm while under the supervision of the minor's parent, guardian, or any individual who is 18 years of age or older and who is authorized by the parent or guardian.
   • Uses or possesses the firearm during the minor's employment, ranching or farming, or target practice or instruction in the safe use of a firearm.

2. Lawful hunting. A minor who obtains a firearm with the permission of the minor's parent or guardian and who uses or possesses the firearm for the purposes of hunting, if the minor is in compliance with all applicable hunting laws (MCL 28.429(7)(b)).

3. Unlawful entry. A minor who obtains a firearm through the minor's unlawful entry of any premises or the motor vehicle where the firearm has been stored (MCL 28.429(7)(c)).

4. Self-defense. A minor who obtains a firearm while lawfully acting in self-defense or defense of another (MCL 28.429(7)(d)).

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Public Information Duty (MCL 28.429(8))

The Department of Health and Human Services (DHHS), in consultation with the Department of Attorney General, must inform the public of the penalties for failing to store or leave a firearm in the required manner (MCL 28.429(8)(a)). DHHS must also publish lethal means counseling literature and provide that literature to federally licensed firearms dealers for use under section 15 of the act (MCL 28.429(8)(b)).

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FFL Dealer Requirements (MCL 28.435)

Public Act 17 of 2023 also amended MCL 28.435 to impose requirements on federally licensed firearms (FFL) dealers.

Required Trigger Lock or Gun Case With Sale (MCL 28.435(1))

Except as provided in subsection (2), an FFL dealer shall not sell a firearm in Michigan unless the sale includes one of the following:

• A commercially available trigger lock or other device designed to disable the firearm and prevent its discharge (MCL 28.435(1)(a)).
• A commercially available gun case or storage container that can be secured to prevent unauthorized access to the firearm (MCL 28.435(1)(b)).

Exceptions to the Lock/Case Requirement (MCL 28.435(2))

This requirement does not apply to any of the following:

• The sale of a firearm to a police officer or a police agency (MCL 28.435(2)(a)).
• The sale of a firearm to a person who presents to the dealer, for each firearm purchased, their own trigger lock or other disabling device, or a securable gun case or storage container, together with a copy of the purchase receipt for the dealer to keep. A separate device or container and a separate receipt are required for each firearm purchased (MCL 28.435(2)(b)).
• The sale of an antique firearm, as that term is defined in section 231a of the Michigan Penal Code, MCL 750.231a (MCL 28.435(2)(c)).
• The sale or transfer of a firearm if the seller is not a federally licensed firearms dealer (MCL 28.435(2)(d)).

Required Information and Documentation (MCL 28.435(3))

An FFL dealer shall not sell a firearm in Michigan unless the firearm is accompanied, free of charge, with all of the following:

• A brochure or pamphlet that includes safety information on the use and storage of the firearm in a home environment (MCL 28.435(3)(a)).
• A written warning informing the purchaser of the penalties for failing to store or leave a firearm in the manner required under section 9 of the act (MCL 28.429) (MCL 28.435(3)(b)).
• Lethal means counseling literature published by DHHS under section 9 of the act (MCL 28.435(3)(c)).

Signed Statement and Record Retention

• Upon the sale, the FFL dealer must sign a statement and require the purchaser to sign a statement that the sale complies with subsections (1), (2), and (3) (MCL 28.435(4)).
• The FFL dealer must retain a copy of the signed statements and, if applicable, a copy of the receipt described in subsection (2)(b), for at least 6 years (MCL 28.435(5)).

Posted Notice (MCL 28.435(6))

The FFL dealer must post, in a conspicuous manner at the entrances, exits, and all points of sale on the premises where firearms are sold, a notice informing the reader that failing to store or leave a firearm in the manner required under section 9 of the act is unlawful.

FFL Dealer Penalties for Violations of MCL 28.435 (MCL 28.435(14))

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Sales and Use Tax Exemption for Firearm Safety Devices (Expired)

Public Acts 15 and 14 of 2023 (Senate Bills 81 and 82) amended the Use Tax Act and the General Sales Tax Act to exempt firearm safety devices from Michigan use tax (MCL 205.94ll) and sales tax (MCL 205.54ll). The exemption ran from 90 days after each act's effective date through December 31, 2024. It has since expired.

"Firearm safety device" was defined as equipment designed to prevent unauthorized access to, or operation or discharge of, a firearm, and is either of the following:

• A device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device.
• A gun safe, gun case, lockbox, or other device that is designed, in light of the materials used, to prevent access to a firearm by any means other than a key, a combination, biometric data, or other similar means.

The term did not include a glass-faced cabinet or other form of storage that is primarily designed to allow for the display of firearms. While the exemption was in effect, the seller had to provide the purchaser a notice of the exemption upon the retail sale or transfer of a firearm, and post that notice conspicuously at all points of sale where firearms are sold.

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Primary source: MCL 28.429 and MCL 28.435 (1927 PA 372, as amended by 2023 PA 17), from the Michigan Legislature's Firearms Laws of Michigan publication (legislature.mi.gov). Sentencing-guideline classifications: MCL 777.11b (2023 PA 16). Sales and use tax exemption: MCL 205.94ll and MCL 205.54ll (2023 PA 15 and 2023 PA 14). Cross-checked against the Michigan House Fiscal Agency Summary as Enacted for SB 79-82 and the Michigan State Police Legal Update No. 156. Content verified against statute text as of June 2026.