|
 This
information is provided from the Michigan State Police website,
as a public service, for general information purposes only. It
is
not intended
to
be relied
upon
as legal
authority for the Michigan firearms laws. You should consult
with a private attorney or your local Michigan county prosecutor
for a legal interpretation or any updates of the Michigan statutes.
1. What
are the requirements to receive a concealed pistol permit?
MCL 28.425b Please select the below website for
an outlined description. Please see:
::
requirements to obtain a permit » :: 
2. Is
my CCW permit issued before July 1, 2001 still valid? If
so, once it expires, how do I renew?
Yes. It is valid until
its expiration or the authority to carry a concealed pistol
under that license is otherwise terminated. If it is a restricted
license you must continue to abide by those restrictions.
However,
after July 1, 2001, all persons licensed to carry a
concealed pistol in Michigan must comply with provisions in
the new CCW
law including but not limited to prohibitions against carrying
in a "pistol
free" area and the requirements listed in:
::
encounters
with police » ::
::
pistol free zones ::
MCL
28.425l Please
see: Permit
Renewal for an outlined description for renewal
procedures.
::
permit renewal » ::
3. What
must a CCW permit holder do when "stopped" by police?
Please
See:
::
encounters with police » ::
4. Are
there any places where I may not carry a concealed pistol?
MCL
28.425o Anyone
licensed to carry a concealed pistol from Michigan or another
state shall not carry a concealed pistol in any of
the pistol free zones. For a complete list, please see:
:: pistol free zones
::
5. When
may a concealed pistol be seized?
28.425g. Pistol subject to seizure and forfeiture.
Sec. 5g. A pistol carried in violation of this act
is subject to seizure and forfeiture in the same manner that
property is subject to seizure and forfeiture under sections
4701 to 4709
of the revised judicature act of 961, 1961 PA 236, MCL 600.4701
to 600.4709. This section does not apply if the violation is
a state civil infraction under section 5f unless the individual
fails
to present his or her license within the 45-day period described
in that section. MCL 28.421 sec.
6. Is
a permit to carry a concealed pistol issued by another state
valid in Michigan?
Please see:
::
reciprocity » ::
7. If
I do not have a CCW permit, may I transport my pistol in a
motor vehicle?
A person
is now permitted to transport a pistol for a lawful purpose if
the owner or occupant of the vehicle is the registered owner
of the firearm and the pistol is unloaded and in a closed case
in the trunk of the vehicle. If the vehicle does not have a trunk,
the pistol may be in the passenger compartment of the vehicle
unloaded and inaccessible to the occupants of the vehicle.
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The
law defines 'lawful purpose' as:
- While
en route to or from a hunting or target shooting area.
- While
transporting a pistol to or from home or place of business
and a place of repair.
- While
moving goods from one place of residence or business
to another place of residence or business.
- While
transporting a licensed pistol to or from a law enforcement
agency for the purpose of having a safety inspection
performed [registering the pistol] or to have a law enforcement
official
take possession of the pistol.
- While
en route to or from home or place of business to a gun
show or place of purchase or sale.
- While
en route to or from home to a public shooting facility
or land where the discharge of firearms is permitted.
-
While
en route to or from home to private property where the pistol
is to be used as permitted by law, rule, regulation, or local
ordinance.
8. I
work as a security guard. Does my profession entitle me to
carry a concealed pistol without a license in Michigan as required
by my employer?
MCL 750.227 No. You can only carry a pistol
while on duty on the premises of your employer and only if
it is exposed.
If you
wish to carry a pistol concealed, you must obtain a concealed
pistol license through the county gunboard.
28.425n[2]b This
does not prohibit an employer from prohibiting the carrying
of the concealed pistol while in the course of his or her employment
with that employer.
9. Are
there any fees for the following Michigan forms:
License
to Purchase: MCL 28.423 was repealed by PA
381 of 2000 eliminating the $5 processing fee for obtaining
a License to Purchase.
Safety Inspection Certificate [registration]: MCL
28.429 There is no charge for the Safety Inspection Certificate.
License to Carry a Concealed Pistol: MCL 28.425b[5]
The application fee is $105 payable to the county clerk at the
time the application is filed. A local police agency may charge
an additional fee up to $15 for fingerprinting costs.
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OTHER
FIREARMS QUESTIONS
1. Do
I need a concealed pistol permit to carry my pistols while
walking through the woods near my cabin in Michigan? If not,
are there any restrictions on how or where the gun is carried?
MCL
28.422 No
license is needed to carry a pistol as long as it is exposed.
However, should a person cover the pistol during inclement weather
with a jacket or coat or get into a vehicle, the pistol would
be concealed, and the carrier would place himself in jeopardy
unless he possessed a concealed pistol permit. Per Attorney
General's opinion #3158 dated February 14, 1945, a holster,
in plain view, is not considered concealed. Department of Natural
Resources regulations require a person to have a valid Michigan
hunting license if in an area inhabited by wildlife.
2. I
have a replica of an antique pistol. Is it necessary that this
pistol be registered in Michigan? Is it necessary that I obtain
a Michigan Concealed Pistols License?
MCL
28.429 The
pistol does not have to be registered if it is kept solely
as a curio or relic and not made for modern ammunition. If
carried
or used in any other manner, you must complete both a License
to Purchase and Safety Inspection Certificate.
3. How
old do I have to be in order to have a pistol registered in
my name in Michigan?
MCL
28.422 & 28.429 Eighteen
[18] years of age.
4. How
old do I have to be in order to apply for a concealed pistol
permit?
MCL
28.421 Twenty-one
[21] years of age.
5. I
lost my Michigan pistol registration [Safety Inspection Certificate].
How do I go about getting another one?
MCL
28.429 You
should contact your local law enforcement agency, where you
currently reside, and request they re-register your pistol.
Confirmation
of prior registration can be made by that agency with the Michigan
State Police, Firearms Records Unit, in Lansing. Another corresponding
License to Purchase must be completed.
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6. My
pistol, along with the Michigan registration [Safety Inspection
Certificate] and my Michigan Concealed Pistols License,
were stolen and I need to provide my insurance company and
the police
agency with the description of my gun, what should I do?
You can
request the information through Freedom of Information, Michigan
State Police, 7510 Harris Drive, Lansing, MI 48913, at the cost
of $5 per document.
7. In
Michigan, what is a License to Purchase and is one needed in
every case where a pistol is acquired?
MCL
28.422 A
License to Purchase is a license required prior to acquisition
by purchase, gift, or loan. The important part of the License
to Purchase is the affidavit signed by the purchaser swearing
to their own qualifications. A License to Purchase is
not needed for anyone with a concealed pistol license, firearms
dealers
purchasing from wholesalers, or for relics, curios, antiques,
etc., not made for modern ammunition but kept solely as a curio
or relic.
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8. What
are the steps necessary to purchase and legally possess a pistol
in Michigan without a concealed pistol license?
MCL
28.422 & MCL
28.429 The prospective purchaser must successfully
pass [70%] a basic pistol safety questionnaire and obtain a
License to Purchase, which is valid for 10 days, from the local
law enforcement
agency. The purchaser must sign a notarized sworn statement
that they meet the Michigan qualifications to purchase/obtain
a pistol.
At the time of the purchase, the purchaser and the seller complete
the form. The License to Purchase, along with the pistol, must
be returned to the local law enforcement agency within 10 days
to obtain a Safety Inspection Certificate [registration].
9. I
was arrested for making threats against my wife. As part of
my probation the judge ordered the gun turned over to the state
police. Can it be returned to me, and, if so, when can I claim
it?
MCL
750.239 The
statute requires weapons carried, possessed or used contrary
to the Concealed Weapons Act to be forfeited to the Director
of the Department of State Police. Prior to disposition, the
forfeited weapons are retained for a reasonable length of time
pending any possible appeal or litigation. There are no provisions
in the act for any other disposition.
10. In
Michigan, can I carry a self-defense spray in my car or on
my person for protection?
MCL
750.224d Yes,
but only if it is either:
- Not
more than 35 grams of any combination of orthochlorobenzalmalononitrile
and inert ingredients [CS gas]; or
- A solution
containing not more than 2% oleoresin capsicum [pepper
spray] and is used in the protection of your person or property
which
would justify the use of physical force. It cannot be
sold to a minor.
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11. In
Michigan, can I carry tear gas or mace
["CN gas"] in
my car or on my person for protection?
MCL
750.224d No,
under the statute and according to an Attorney General's
opinion, a private citizen cannot possess tear gas or mace.
12. I
am on leave from military service. Does this exempt me from
having to register the pistols I brought with me to Michigan?
MCL
28.422 No,
you have 30 days in which to pass the basic pistol safety questionnaire
and obtain a License to Purchase after your arrival into the
state. You then have ten days in which to present the pistol
for a Safety Inspection Certificate [registration].
13. My
uncle had a .357 magnum revolver registered in his name when
he died. My brother has had custody of the gun but now wants
to give it to me. What procedure do I follow to gain legal
possession of this gun in Michigan, since my uncle obviously
cannot sign it over to me?
MCL
28.422 Michigan
statutes provide for the personal representative of the estate
or next of kin having authority to dispose of the pistol to
sign the License to Purchase as the seller.
14. I
am giving my registered pistols to my son who lives in another
state. How do I get the Michigan Safety Inspection Certificates
out of my name?
There
are no provisions in the statute; however, send a letter
to the Michigan State Police, Firearms Records Unit, 7150 Harris
Drive,
Lansing, Michigan 48913, advising of the transaction. The
letter must include a description of the pistols, your son's
name and address, and the date of transaction in order for the
Firearms
Records Unit to update their records. Your son must comply
with the Weapons Laws of his own state.
15. I
have just moved to Michigan from another state. How much time
do I have to register my pistols?
MCL
28.422 & MCL
28.429 Upon establishing legal residency, you should
immediately contact your local law enforcement agency, pass
the basic safety questionnaire, and complete both a License
to Purchase
and Safety Inspection Certificate.
16. Do
rifles or shotguns with collapsible/folding stocks have to
be registered in Michigan?
MCL
750.222 Yes,
provided the rifle or shotgun is 30 inches or less in overall
length with the stock collapsed/folded but at least 26 inches
and the barrel length is at least 16 inches and 18 inches respectively. Attorney
General's opinion #6280: if the firearm is less than 26 inches
in overall length or the barrel is less than 16 or 18 inches
respectively, the firearm is considered a short-barreled rifle
or shotgun and is illegal to possess. MCL 750.224d There
is an exception for short-barreled shotguns and short-barreled
rifles which the Federal Bureau of Alcohol, Tobacco and Firearms
has found to be a curio, relic, antique, museum piece, or collector's
item not likely to be used as a weapon.
The possessor
must comply with Section 2 [License to Purchase] and Section
9 [Safety Inspection Certificate/registration] of Act 372.
17. What
are the requirements or criteria that cause weapons to be forfeited
to the State of Michigan?
MCL
750.239 Any
pistol, weapon or device possessed, carried or used contrary
to the Concealed Weapons Act and/or Penal Code requires forfeiture
to the Director of the Department of State Police. This includes
shotguns, rifles, knives, clubs, or any article used as a weapon.
18. I
recently purchased a double-edged survival knife. Does Michigan
law allow me to carry this in my vehicle?
MCL
750.227 No.
A double-edged cutting instrument, no matter what the length,
cannot be carried concealed on or about a person, or whether
concealed or otherwise in any vehicle operated or occupied
by the person.
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19. I
want to purchase as UZI Model B, 9MM semi-automatic
carbine with a folding stock. Are these legal in Michigan?
Under
MCL 750.222 and Attorney General's Opinion #6820, the answer
is no. The UZI carbine [barrel length 16.1 inches, length with
stock contracted 24.4 inches, length with stock extended 31.5
inches] is a short-barreled rifle and their SALE and/or POSSESSION
is prohibited according to an Attorney General's opinion.
20. I
am an out-of-state resident. Can I legally hunt deer with a
pistol in Michigan?
MCL
750.231a If
you have a license to carry a concealed pistol issued by another
state, you may qualify to possess a pistol while hunting depending
on the license restrictions and providing you are also in possession
of a valid Michigan non-resident hunting license. You must
transport the pistol, while en route to or from a hunting area,
unloaded,
in a wrapper or container, and locked in the trunk of the motor
vehicle. If the vehicle has no trunk, the pistol must be unloaded
in a wrapper or container in an area of the motor vehicle not
readily accessible to the occupants of the vehicle.
21. Is
a paint ball pistol required to be registered in Michigan?
Upon
initial review, it has not been found that a paint ball pistol
falls under the definition of a dangerous weapon or firearm,
therefore is not required at this time to be registered.
22. Is
a flare gun used as a signaling device on a watercraft required
to be registered in Michigan?
MCL 28.432b and 750.231c, No.
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FEDERAL
FIREARMS LAWS FREQUENTLY ASKED QUESTIONS
 1. Who
can I contact with questions concerning federal regulations
on pistols?
Bureau of Alcohol, Tobacco, and Firearms,
Area Supervisor, Compliance, 1155 Brewery Park Boulevard,
Suite 300A, Detroit, Michigan 48207-2602.
Ph: 313-393-0078.
2. I
am moving to California. I have a pistol registered in my name
in Michigan. Is it legal for me to carry this gun in the car
with me to my new location?
The May
19, 1986, revision of the Federal Gun Control Act of 1968 now
allows for transportation of pistols from one state to another
providing the pistol is legally possessed in the state of origin,
and possession is permitted in the state of destination. It must
be transported unloaded and in a locked container inaccessible
to the occupants.
3. My
father-in-law, who lives in Georgia, has two pistols which
he wants to give me. Can I legally go to Georgia and bring
the guns back to Michigan?
No. The
Federal Gun Control Act of 1968 generally prohibits the transportation
into or receipt in the state where a person resides of a firearm
obtained outside of that state. The transfer of the pistols would
be lawful if your father-in-law sends the pistols via common
carrier [such as UPS] to a licensed firearms dealer in Michigan.
The Michigan firearms dealer can then transfer the pistol over
to you providing you have obtained Licenses to Purchase.
4. I
have a federal license to collect curios and relics. Can I
legally possess a fully-automatic firearm in Michigan?
Under the Federal Gun Control Act, individuals may possess
only those fully-automatic firearms which were manufactured before
May 19, 1986.
MCL 750.224 Yes, but only if the firearm is classified
under federal statutes as a curio or relic. If the fully-automatic
firearm is a pistol, then you must obtain a License to Purchase
and present the pistol for a Safety Inspection Certificate.
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FEDERAL
FIREARMS DEALER QUESTIONS
1. Are
gun dealers in Michigan licensed; and if so, who licenses
them?
Yes,
by the U.S. Treasury Department, Bureau of Alcohol Tobacco
and Firearms. Michigan has no law specifically for license
dealers; however, dealers must obtain a Michigan Sales Tax
License and comply with Michigan License to Purchase requirements.
2. I
am a firearms dealer in Michigan. Is it necessary for me to
forward a report to the State Police for each pistol I purchase
or take in on trade?
MCL
28.422 Yes.
A Dealer's License to Purchase must be obtained from your
local law enforcement agency for these transactions. The
State Police
copy should be returned to the issued agency along with
their copy. The only time a License to Purchase is not
required to
be transacted for pistols is when purchasing from a wholesaler.
3. In
Michigan, can I as a licensed Federal Firearms Dealer, legally
transport pistols which I acquire through purchase or trade
without a Michigan Concealed Pistols License based on possession
of the federal license?
MCL
28.432a Only
to and from the place of purchase to place of business.
The pistol may be transported unloaded in a wrapper or
container
in the
trunk of the vehicle. The pistol may be transported unloaded
in a wrapper or container in the passenger compartment
of a vehicle which does not have a trunk if it is not readily
accessible
to
the occupants.
Per U.S.
Gun Control Act, Part 178 of Title 27, bear in mind the federal
license confers no right or privilege to conduct business contrary
to state law or other law. The holder of a federal license is
not by reason of such a license, immune from punishment in violation
of the provisions of any state law or other law.
4. I
have a Class III Federal License to sell certain types of fully-automatic
pistols and machine guns. Can I legally sell these firearms
in Michigan?
Under the National Firearms Act, only those firearms which
have been previously registered in the National Firearms Register
and Transfer Record maintained by the Bureau of Alcohol, Tobacco
and Firearms may be lawfully transferred to a person who is qualified
to receive such firearms.
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