Carrying a Gun in Your Car in Michigan: Vehicle Carry Laws

Michigan Vehicle Carry Laws

How you may carry or transport a firearm in a vehicle in Michigan depends on whether the firearm is a pistol or a long gun, and whether you hold a Concealed Pistol License (CPL). The rules below are drawn from the Michigan Penal Code (1931 PA 328) and the firearms licensing act (1927 PA 372), with practical points from Michigan State Police and Department of Natural Resources guidance noted where they interpret the statutes.

Pistols in a Vehicle With a CPL

A person with a valid CPL may carry a pistol, concealed or non-concealed, in a vehicle. The affirmative authority is MCL 28.425c(3)(b): subject to section 5o (MCL 28.425o) and except as otherwise provided by law, a license to carry a concealed pistol authorizes the licensee to "Carry a pistol in a vehicle, whether concealed or not concealed, anywhere in this state." Under MCL 750.227(2), it is a felony to carry a pistol concealed on or about the person, or, whether concealed or otherwise, in a vehicle the person operates or occupies, without a license to carry the pistol. A CPL satisfies that license requirement, so long as the pistol is not carried in a place or manner inconsistent with the restrictions on the license.

"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." - MCL 750.227(2)

A violation of MCL 750.227 is a felony punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500. MCL 750.227(3).

Key point: There is no way to "open carry" a pistol in a vehicle without a CPL. Even if the pistol is not concealed, it falls under the "whether concealed or otherwise" language of MCL 750.227(2) once it is in a vehicle the person operates or occupies. A CPL is generally required to keep a pistol in the passenger compartment of a vehicle, unless one of the following applies:

• An exemption under MCL 750.231 (peace officers, certain corrections employees, members of listed military and police agencies, and similar persons acting within their duties).
• An exception under MCL 750.231a. That statute reaches "a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence," and it carries the unloaded/cased/trunk transport rule discussed below.
• The dwelling house, place of business, or own-land carve-out within MCL 750.227(2) itself.

Pistols in a Vehicle Without a CPL

MCL 750.231a is not the only route. MCL 750.231(1) provides that "sections 224, 224a, 224b, 224d, 227, 227c, and 227d do not apply to" the persons that subsection lists, and MCL 750.227(2) by its own terms does not reach carrying "in his or her dwelling house, place of business, or on other land possessed by the person." A person who does not hold a CPL, who is not covered by MCL 750.231, and who is not within that dwelling, place-of-business, or own-land carve-out may transport a pistol in a vehicle only under an exception in MCL 750.231a, which lists the circumstances in which the MCL 750.227(2) prohibition does not apply.

The lawful-purpose transport exception appears in MCL 750.231a(1)(d) and (e). Read together with the statute's text, a person who is not licensed to carry a concealed pistol may transport a pistol only if all of the following are true:

1. The pistol is "licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422," the license-to-purchase law. This is a threshold condition, but it is satisfied by an exemption from section 2 as well as by a Michigan license. The Michigan Attorney General has concluded that a Michigan resident holding another state's concealed pistol license 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). Section 12 is MCL 28.432. A person who has neither a Michigan license for the pistol nor an exemption from section 2, such as an exemption under MCL 28.432 or the non-resident rule in MCL 28.422(9), cannot rely on this transport exception, no matter how the pistol is stored.
2. The transport is for a lawful purpose.
3. The pistol is unloaded.
4. The pistol is in a closed case designed for the storage of firearms.
5. The pistol is in the trunk of the vehicle. MCL 750.231a(1)(d). If the vehicle has no trunk, the cased, unloaded pistol must not be readily accessible to the occupants of the vehicle. MCL 750.231a(1)(e).

A separate exception, MCL 750.231a(1)(c), allows a person to carry an antique firearm that is completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.

What Counts as a "Lawful Purpose"

MCL 750.231a does not define "lawful purpose" with a list. Michigan State Police guidance interprets the term to include going to or from any of the following:

• A hunting or target area
• A place of repair
• Moving goods from one home or business to another home or business
• A law enforcement agency, for a safety inspection or to turn the pistol over to the agency
• A gun show, or a place of sale or purchase
• A public shooting facility
• Public land where shooting is legal
• Private property where a pistol may be lawfully used

This list reflects MSP's reading of the statutory term, not language inside MCL 750.231a. The statutory conditions that do appear in the law are the purchase-license, unloaded, closed-case, and trunk requirements listed above.

Long Guns (Rifles, Shotguns, Muzzleloaders) in Vehicles

Two separate Michigan statutes govern transport of non-pistol firearms in vehicles. They have different scope and different requirements, and they apply concurrently where their scopes overlap.

MCL 750.227c: No Loaded Non-Pistol Firearm in a Mechanically Propelled Vehicle

Under MCL 750.227c(1), except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat, motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, either of the following:

• (a) A firearm, other than a pistol, that is loaded.
• (b) A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber.

The requirement of MCL 750.227c is that the non-pistol firearm be unloaded. A violation is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500, or both. MCL 750.227c(2).

MCL 750.227d: Stowage Rules in Motor Vehicles and Self-Propelled Land Vehicles

Under MCL 750.227d(1), except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel, either of the following:

• (a) A firearm, other than a pistol, unless the firearm is unloaded and is one or more of the following:
  1. Taken down
  2. Enclosed in a case
  3. Carried in the trunk of the vehicle
  4. Inaccessible from the interior of the vehicle
• (b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber, unless the pneumatic gun is unloaded and meets one or more of the same four stowage conditions.

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 750.227d(2).

Practical Summary

• Sailboats, aircraft, motorboats, and other vehicles propelled by mechanical means that are not motor vehicles or self-propelled land vehicles: only MCL 750.227c applies. MCL 750.227c(1) lists a sailboat separately from "any other vehicle propelled by mechanical means." The non-pistol firearm must be unloaded, but the four stowage options of 227d are not separately required.
• Motor vehicles and self-propelled land vehicles (including ORVs and snowmobiles that fall within those terms): both 227c and 227d apply. The firearm must be unloaded and must satisfy at least one of the four stowage conditions listed above.

Both statutes apply except as otherwise permitted by law. The exemptions in MCL 750.231 (peace officers, listed military and police agencies, and similar persons) reach sections 227c and 227d as well.

Note: Michigan DNR rules and the Waterfowl Hunting Digest add separate requirements for hunting from boats and ORVs. MCL 750.227c and MCL 750.227d reach only "A firearm, other than a pistol" and pneumatic guns above .177 caliber, so they do not govern a pistol in a vehicle at all, whether or not the person holds a CPL. Pistols in vehicles are governed by MCL 750.227(2), MCL 750.231, and MCL 750.231a.

Muzzleloader-Specific Rules

Michigan DNR hunting guidance treats certain muzzleloaders as unloaded when made safe in the following ways:

• A percussion cap muzzleloading longarm is considered unloaded if the percussion cap is removed.
• A flintlock muzzleloading longarm is considered unloaded if the cock is left down and the pan is open.
• A muzzleloading firearm with an electric ignition system is considered unloaded if the battery is removed.
• Black powder handguns must be transported under the same rules as other handguns. DNR states those rules for handguns generally: handguns "must be unloaded and in a closed case designed for the storage of firearms and cannot be readily accessible to any occupant of the vehicle." A person relying instead on MCL 750.231a(1)(d) still needs the trunk; MCL 750.231a(1)(e) is the branch for a vehicle that does not have a trunk.

Non-Residents

A non-resident must transport pistols in compliance with the unloaded, cased, trunk rules of MCL 750.231a unless an exception applies. Two statutory pathways are relevant.

First, MCL 750.231a(1)(a) provides that the MCL 750.227(2) concealed-pistol prohibition 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 appearing on that license. A non-resident with a valid out-of-state concealed pistol license may therefore carry under that license rather than under the unloaded/cased/trunk rule.

Second, MCL 28.422(9) provides that a qualifying non-resident is not required to obtain a license under section 2 in order to possess, carry, or transport a pistol the non-resident already owns, if all five of the following conditions apply:

1. The individual is licensed in the individual's state of residence to purchase, carry, or transport a pistol.
2. The individual is in possession of that license.
3. The individual is the owner of the pistol the individual possesses, carries, or transports.
4. The individual possesses the pistol for a lawful purpose.
5. The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

Two of these conditions are easy to overlook: the non-resident must actually own the pistol (MCL 28.422(9)(c)), and the stay must be 180 days or less with no intent to establish residency (MCL 28.422(9)(e)).

A non-resident must present the license issued by his or her state of residence 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, or both. MCL 28.422(10).

A related exemption from the license-to-purchase requirement appears in MCL 28.432(1)(f), which excuses a United States citizen holding a concealed pistol license issued by another state. MCL 28.432 is a broad exemptions statute. It lists nine categories that are not subject to section 2 (MCL 28.422), including police and correctional agencies, the listed branches of the Armed Forces, the National Guard and reserves, members of those organizations acting within their duties, out-of-state concealed-pistol licensees, manufacturers' and dealers' authorized agents, antique firearms, and, at MCL 28.432(1)(i), an individual carrying or transporting a pistol belonging to another person when that other person's possession is authorized by law and the carrier holds a CPL or is exempt from licensure. MCL 28.432 is not the authority for the non-resident rule in MCL 28.422(9). MCL 28.422(9) is not itself a way for a non-resident to buy a pistol in Michigan: MCL 28.422(9)(c) presupposes that the non-resident is already the owner of the pistol, and MCL 28.422(3)(c) qualifies an applicant for a license to purchase only if the applicant "is a legal resident of this state." The same subdivision also states that the applicant "is a citizen of the United States or an alien lawfully admitted into the United States," but that half of the requirement is not enforceable. The Michigan Court of Appeals "held in Chan v City of Troy, 220 Mich App 376; 559 NW2d 374 (1997), that the citizen requirement, now MCL 28.422(3)(c), for a permit to purchase a pistol contained in MCL 28.422(3)(b) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and is unconstitutional." The legal-residency prong, which is the operative point here, stands.

MCL 28.432(1)(f) is not limited to non-residents. The Michigan Attorney General has concluded that "the Legislature did not intend section 12(1)(f) to be limited to nonresidents" and that "Michigan residents who are also United States citizens may invoke the exemption." That exemption runs to section 2 only. A Michigan resident who holds another state's concealed pistol license still needs a Michigan CPL to carry concealed in Michigan.

CPL Holder Concealed-Carry Restrictions in Vehicles (MCL 28.425o)

Subject to MCL 28.425o(5), a CPL holder, or a person exempt from licensure under section 12a(h), may not carry a concealed pistol on the premises of the following pistol-free zones, which are the places listed in MCL 28.425o(1). Under MCL 28.425o(4), "premises" does not include parking areas of the places identified under subsection (1). That definition is written "As used in subsection (1)," so the parking-area carve-out reaches only the subsection (1) places listed below.

• A school or school property. Exception: a parent or legal guardian of a student of the school may carry a concealed pistol while in a vehicle on school property when dropping the student off at, or picking the student up from, the school. MCL 28.425o(1)(a).
• A public or private child care center or day care center, child caring institution, or child placing agency.
• A sports arena or stadium.
• 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.
• 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.
• 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 has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals."
• A hospital.
• A dormitory or classroom of a community college, college, or university.

The subsection (1) list ends there. MCL 28.425o(5) then removes subsections (1) and (2) for eleven categories: a licensee who is a retired police officer, retired law enforcement officer, or retired federal law enforcement officer; a licensee employed or contracted by one of the listed entities to provide security services and required by the employer or the contract to carry a concealed firearm on those premises; a person licensed as a private investigator or private detective under 1965 PA 285, MCL 338.821 to 338.851; a licensee who is a current or retired corrections officer of a county sheriff's department who has received county sheriff approved weapons training; a licensee who is a motor carrier officer or capitol security officer of the department of state police; a licensee who is a member of a sheriff's posse; a licensee who is an auxiliary officer or reserve officer of a police or sheriff's department; a licensee who is a current or retired parole, probation, or corrections officer, or absconder recovery unit member, of the department of corrections holding a Michigan department of corrections weapons permit; a state court judge or state court retired judge who is licensed under the act; a licensee who is a court officer; and a licensee who is a peace officer.

Casinos are handled separately. Under MCL 28.425o(3), 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 promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226." Because that prohibition sits in subsection (3), the parking-area carve-out in MCL 28.425o(4) does not apply to it.

Important: MCL 28.425o(1) restricts concealed carry. By its terms it does not bar a CPL holder from carrying a non-concealed (openly carried) pistol in the subsection (1) places listed above, though other location-specific laws may still apply. A casino is different. R 432.1212 Rule 212(1) provides that "An individual may not carry a firearm or other weapon in a casino," concealed or not, and it reaches any individual rather than only CPL holders. Rule 212(1) then lists exceptions at (a) to (f) for state, county, city, township, or village law enforcement officers; federal law enforcement officers; "Armored car personnel picking up or delivering currency in any area of the casino"; retired police, law enforcement, or federal law enforcement officers who hold a Michigan concealed pistol license; retired law enforcement officers certified under the Michigan retired law enforcement officer's firearm carry act, 2008 PA 537, MCL 28.511 to 28.527; and casino security personnel licensed to carry a concealed pistol "while on duty and only as allowed by the casino licensee."

Penalties under MCL 28.425o(6) escalate by offense:

• First violation: a state civil infraction, with a fine of not more than $500. The court must order the CPL suspended for 6 months. MCL 28.425o(6)(a).
• Second violation: a misdemeanor punishable by a fine of not more than $1,000. The court must order the CPL revoked. MCL 28.425o(6)(b).
• Third or subsequent violation: a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000, or both. The court must order the CPL revoked. MCL 28.425o(6)(c).

Key Statutes Referenced