Understanding Michigan Gun Possession and Concealed Carry Laws

At B. Kizy Law, we recognize that understanding Michigan’s gun laws is fundamental for ensuring responsible gun ownership and compliance. Our commitment extends beyond providing legal representation; we aim to educate our clients and the public about the intricacies of lawful gun possession and the critical aspects of concealed carry regulations. This guide offers comprehensive insights tailored to help both novice and experienced gun owners navigate the legal landscape effectively. 

Legal Aspects of Gun Possession and Concealed Carry in Michigan

In Michigan, the laws governing gun possession and concealed carry are designed to balance individual rights with public safety. Understanding these laws is crucial for lawful gun ownership and use. Below, we explore some of the key statutes regulating gun possession, particularly focusing on age restrictions and the responsibilities associated with carrying a concealed weapon. 

Youth and Firearms: Understanding Age Restrictions 

Under Michigan law, the possession of firearms by individuals under the age of 18 is highly regulated to ensure safety. According to MCL § 750.234f: 

• Individuals younger than 18 are generally prohibited from possessing firearms in public unless they are under the direct supervision of an adult aged 18 or older. ● Exceptions to this rule include activities such as hunting under the Natural 

Resources and Environmental Protection Act or when traveling to and from recognized shooting ranges, provided the firearm is securely stored during transport. 

This statute aims to foster responsible gun handling from an early age, ensuring that young individuals are supervised and educated in safe firearm practices. 

Concealed Carry: Rights and Responsibilities

For adult residents who choose to carry concealed weapons, Michigan provides clear guidelines under MCL § 28.425f: 

• Licensed individuals must carry their concealed pistol license and state-issued ID at all times when carrying a concealed pistol or a portable device using electro-muscular disruption technology. 
• It is mandatory to disclose the possession of a concealed weapon to a peace officer upon request or during an official stop. 
• Violations of these requirements can lead to significant penalties, including fines and suspension or revocation of the concealed pistol license. In cases where the required disclosures are not made, the weapon may be seized by law enforcement. 

These regulations are in place to ensure that those carrying concealed weapons do so in a manner that respects legal protocols and enhances public safety. 

Eligibility Criteria for a Michigan CPL 

To be eligible for a CPL in Michigan, applicant must: 

• Age and Residency: Be at least 21 years old, a U.S. citizen or lawfully admitted alien, and a legal resident of Michigan. Applicants must have resided in Michigan for at least six months prior to application. Exceptions are made for military personnel and applicants with valid CPLs from other states who have recently become Michigan residents. 
• Legal Standing: Applicants must not be under any legal disabilities or orders that would disqualify them from carrying a firearm, such as: 

○ Involuntary hospitalization or alternative treatment. 

○ Legal incapacitation or being under a personal protection order. ○ A pending felony charge or a felony conviction at any point. 

• Training: Applicants are required to successfully complete an approved pistol safety training course or class, demonstrating knowledge and safe handling of a pistol.
• Must pass a thorough background check that includes not being convicted of any felony or certain misdemeanors within specified time frames as outlined under Michigan Compiled Laws (MCL). 

Specific Disqualifiers for CPL in Michigan 

The state of Michigan takes the character and history of CPL applicants seriously. Individuals with past convictions related to impaired driving, substance abuse, violent crimes, and other specific misdemeanors may face disqualification. Detailed knowledge of these disqualifiers is crucial for prospective applicants to understand their eligibility. 

Documentation and Disclosure 

Applicants are required to provide a valid Michigan driver’s license or state ID card. They must also disclose any mental illness or past criminal activity that could impact their eligibility. This transparency helps ensure that all applicants are thoroughly vetted and only those who meet the strict criteria are granted a license to carry concealed. 

Federal Compliance 

Additionally, all applicants must comply with federal regulations, and checks are conducted through the National Instant Criminal Background Check System (NICS) to ensure no federal laws preclude the applicant from holding a CPL. 

Exceptions to Concealed Carry License Requirements in Michigan

In addition to the general requirements for obtaining a Concealed Pistol License (CPL) in Michigan, it is important to note that there are specific exceptions where these requirements do not apply. These exceptions are designed to accommodate professional duties and certain legal situations, ensuring that individuals in these roles can perform their responsibilities without undue hindrance. MCL § 28.432a. 

Key Exceptions Include: 

• Law Enforcement and Corrections Officers: Regularly employed and paid peace officers, constables, and corrections officers in Michigan do not need

a CPL to carry a concealed pistol while performing their duties or commuting to and from work. This also includes local corrections officers and personnel managing city jails or lockups. 

• Military Personnel: Members of the U.S. Military and National Guard, including reserves, are exempted while on duty or during drills, as well as when carrying a concealed pistol for purposes related to their military functions. 
• Residents of Other States: Individuals who are residents of another state and are licensed to carry a concealed pistol by that state are exempt from Michigan’s licensing requirements. 
• Transportation of Pistols as Merchandise: The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a licensed firearms manufacturer is exempt from CPL requirements. 
• Personal Transportation of Unloaded Pistols: Individuals transporting an unloaded pistol for legitimate purposes such as moving from one residence to another, or to a place of repair, are also exempt, provided the pistol is properly secured and separated from ammunition. 

Conclusion 

Navigating the complexities of gun possession and concealed carry laws in Michigan requires careful attention to legal details and compliance with both state and federal regulations. At B. Kizy Law, we are dedicated to providing our clients with the knowledge and support necessary to ensure they meet all legal requirements for responsible firearm ownership. Whether you are applying for a CPL, need guidance on gun possession laws, or have specific legal inquiries, B. Kizy Law is here to assist you every step of the way. Remember, responsible gun ownership starts with informed and lawful practices, and we are here to help you uphold these standards.