Firearm laws and regulations are constantly changing and frankly, they are hard to keep up with. Fortunately, we at United States Knights want to help to take the guesswork out of your research. Below is an extensive list of frequently asked questions regarding the laws and regulations surrounding firearms in Michigan. This list will cover carry basics, carry locations, important state laws, state reciprocity, firearms purchasing and sales, and firearm self-defense.
Carry Basics
| CONSTITUTIONAL CARRY Does Michigan allow constitutional carry? | No. Michigan does not recognize constitutional carry. |
| OPEN CARRY PERMITTED Is open carry permitted in Michigan? | Yes, without a license for residents that are at least 18 years old and who can legally possess a firearm, provided the gun is registered in their name. Non-residents must have a permit from their home state. Open carry is allowed in more places than concealed carry as the restricted areas referenced in Mich. Comp. Laws § 28.425o apply to concealed carry and not to open carry. |
| GUN PERMIT LICENSURE If Michigan requires a license to carry a concealed firearm, how are those licenses issued? | Michigan is a shall-issue state. |
| MINIMUM AGE FOR CONCEALED CARRY What is the minimum age in Michigan to get a concealed carry license? | The minimum age to carry concealed in Michigan is 21. |
| WEAPONS OTHER THAN HANDGUNS ALLOWED Can you concealed carry weapons other than handguns in Michigan with a concealed carry license? | License holders may carry concealed handguns and stun guns. |
| TASERS OR STUN GUNS Is it legal to own a taser or stun gun in Michigan? | Yes. A concealed carry license is required to purchase or possess a stun gun or Taser. Permittees may have and use a stun gun or Taser in a reasonable way, as long as: you have a valid Michigan license to carry a concealed pistol; you’ve received training in the use and risks of the Taser; and the device has an identification and tracking system that allows it to be traced to the buyer (presumably through the darts) when it’s first used. It’s illegal to use a Taser except under circumstances that justify the legal use of physical force, including to defend yourself or someone else from an attack or sexual assault. [Mich. Penal Code 750.224a] |
| CHEMICAL SPRAY/PEPPER SPRAY Is it legal to buy or use chemical spray/pepper spray in Michigan? | Yes, the reasonable use of pepper spray by a person in the protection of a person or property under circumstances that would justify the person’s use of physical force is allowed in Michigan. Individuals may possess self-defense spray or foam devices that contain no more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients, with no more than 18% oleoresin capsicum, with or without ultraviolet dye. Minors may not purchase or possess pepper spray.[Mich. Penal Code 750.224d] |
| MAGAZINE LIMITS FOR HANDGUNS Does Michigan have magazine capacity restrictions for handguns? | No. Michigan law does not restrict magazine capacity in handguns. |
| AMMUNITION RESTRICTIONS Does Michigan have ammunition restrictions? | Yes. Armor-piercing ammunition is prohibited. [Mich. Comp. Laws Serv. § 750.224c(1)] |
Carry Locations
| CARRY IN VEHICLE Can you carry a concealed handgun in a vehicle in Michigan? | Yes, handguns only may be carried with a valid concealed pistol license. Without a license, handguns must be unloaded and in a closed case designed for the storage of firearms either in the trunk of the vehicle or for vehicles without a trunk, not readily accessible to the occupants of the vehicle. [Mich. Penal Code §§ 750.227(2) and 750.231a(1)(a)] |
| CARRY AT ROADSIDE REST AREAS Can you carry a concealed firearm at roadside rest areas in Michigan? | Yes. You may concealed carry at roadside rest areas in Michigan. |
| CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS, ECT. Can you carry a concealed firearm in state/national parks, state/national forests in Michigan? | Yes. You may carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Michigan. [Mich. Comp. Laws § 324.504(8)] |
| CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL Can you carry a concealed firearm in bars and restaurants that serve alcohol in Michigan? | You can concealed carry in the restaurant area of an eatery that serves alcohol with a valid concealed carry license, unless posted and provided you’re not under the influence (blood alcohol level >0.02). However, concealed carry is not allowed in bars that profit mainly from alcoholic beverages. A bar is not allowed, while a family restaurant like Olive Garden is. [Mich. Comp. Laws § 28.425k][Mich. Comp. Laws § 28.425o(d)] |
| CARRY/POSSESS AT A HOTEL Can you carry or possess a firearm on hotel property in Michigan? | Michigan statutes do not specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it’s concealed carry policy. |
| CARRY/POSSESS AT GROCERY STORE Can you carry a concealed firearm in a grocery store? | Michigan statutes do not specifically address firearms in grocery stores. Please note that each individual store may have their own policies and the individual store should be contacted to inquire about its concealed carry policy. |
Important State Laws
| DUTY TO INFORM OFFICER YOU’RE CARRYING Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Michigan? | Yes. You have a duty to inform that you are carrying a concealed handgun upon contact with law enforcement. [Mich. Comp. Laws § 28.425f(3)] |
| DRIVER’S LICENSE LINKED TO CARRY LICENSE Is my Michigan driver’s license linked to my Michigan carry license? | Yes. Your Michigan driver’s license is linked to your Michigan concealed pistol license. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry license holder if they run your driver’s license. |
| “NO WEAPONS ALLOWED” SIGNS ENFORCED Are “No Weapons Allowed” signs enforced in Michigan? If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense. | No. “No Weapons” signs are not enforced in Michigan. |
| PREEMPTION Does Michigan have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)? | Yes, the state has preemption over firearms laws in Michigan, except local municipalities may: -Prohibit the discharge of firearms or pneumatic guns (with some restrictions on the latter prohibition) within the jurisdiction of a city or charter township; -Prohibit or regulate conduct with a firearm or pneumatic gun that is a criminal offense under state law; -Prohibit or regulate the transportation, carrying, or possession of firearms or pneumatic guns by employees of a local unit of government in the course of their employment with that local unit of government. [Mich. Comp. Laws §§ 123.1102-1104] |
| RED FLAG LAW Does Michigan have a red flag law? | No. Michigan does not have a red flag law. |
| BRANDISHING Does Michigan state law define brandishing? | Yes. It is unlawful to knowingly brandish (to point, wave about or display in a threatening manner with the intent to produce fear in another) a firearm in public except in a lawful act of self-defense or the defense of another. [Mich. Comp. Laws § 750.234e] |
| CARRY WHILE USING ALCOHOL OR CONTROLLED SUBSTANCES Does Michigan have laws regarding carrying a concealed firearm while using alcohol or controlled substances? | Not while under the influence of alcoholic liquor (BAC of 0.02 or greater) or a controlled substance or while having a bodily alcohol content prohibited under this section. “Controlled substance” means that term as defined in MCL § 333.7104. “Under the influence of alcoholic liquor or a controlled substance” means that the individual’s ability to properly handle a pistol or to exercise clear judgment regarding the use of that pistol was substantially and materially affected by the consumption of alcoholic liquor or a controlled substance.[Mich. Comp. Laws § 28.425k] |
| NON-RESIDENT PERMITTING Does Michigan issue concealed carry licenses to non-residents? | Yes, only to active-duty military stationed in Michigan or active duty military stationed outside of Michigan, but Michigan is the applicant’s home of record. Also, if a new Michigan resident has a current concealed carry license from another state, Michigan will accept that and waive the 6-month residency requirement. |
| PUBLIC ACCESS TO CONCEALED CARRY REGISTRY Does Michigan allow the public to access concealed carry registry information through public records law? | No, however the information is available for law enforcement. |
Michigan State Reciprocity
Michigan State reciprocity states that a limited number of other states will honor your Michigan Concealed Pistol License. This means that you can legally conceal carry in other states that share reciprocity with Michigan. While most states fully recognize Michigan’s state reciprocity laws, there are currently some states that partially recognize state reciprocity with restrictions. While others do not recognize Michigan concealed carry state reciprocity at all.
| States that recognize Michigan state reciprocity | Ohio, Indiana, Wisconsin, Vermont, New Hampshire, Delaware, Virginia, North Carolina, Georgia, Alabama, Mississippi, Arkansas, Louisiana, Texas, New Mexico, Nevada, Idaho, Washington (State), Montana, North and South Dakota, Nebraska, Minnesota. |
| States that recognize Michigan state reciprocity with restrictions | Maine, Pennsylvania, West Virginia, Kentucky, Tennessee, South Carolina, Florida, Iowa, Montana, Kansas, Oklahoma, Wyoming, Colorado, Utah, Arizona, Alaska. |
| States that do not recognize Michigan state reciprocity | New York, New York City, Connecticut, Massachusetts, New Jersey, Rhode Island, Maryland, Oregon, California, Hawaii, Puerto Rico, Washington D.C, |
Handgun Purchase & Possession
| PURCHASE PERMITS Is a permit required to purchase a handgun in Michigan? | Only Michigan residents may purchase pistols in Michigan. A National Instant Criminal Background Check System (NICS) background check is performed on all commercial firearm sales at the time of purchase. The Federal Firearms Licensee (FFL) may elect to use a valid Michigan License to Purchase a Pistol (received from your local police department) in lieu of a NICS background check. Requirements: 1. at least 21 years of age 2. a resident of Michigan 3. possess a clean criminal background, and not have been ordered to attend a mental health facility. Upon purchase a Pistol Sales Record (RI-60) form is completed. One copy of this form will be kept by the seller, one by the purchaser, and the third must be filed with the Michigan State Police through your local police department within 10 days of your purchase. |
| BACKGROUND CHECKS FOR PRIVATE GUN SALES Are background checks required for private gun sales in Michigan? | Yes. A person acquiring a handgun must have a License To Purchase a Pistol. A background check is required to obtain this license. [Mich. Comp. Laws 28.422a] |
| MICHIGAN LICENSE EXEMPTS FROM BACKGROUND CHECK Does my current Michigan concealed carry license exempt me from needing a background check when I purchase a firearm? | No. |
| WAITING PERIOD Is there a waiting period after purchasing a handgun in Michigan? | No. Michigan has no waiting period for the purchase of a handgun. |
| HANDGUN REGISTRATION Do handguns need to be registered in Michigan? | Although there is no firearm registry, all handgun sales require a Pistol Sales Record (RI-60) form to be filed with the Michigan State Police. There are several exceptions including, but not limited to, police officers. |
| MINIMUM AGE TO POSSESS AND TRANSPORT What is the minimum age to possess and transport a handgun in Michigan? | 18 years old. Generally, an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older, although there are exceptions for hunting, target/shooting ranges. |
| POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A LICENSE Can I possess/carry a handgun in my home without a license? | Yes. A license is not required for anyone legally entitled to carry a firearm, to carry a handgun about a person’s place of business, residence, land that he or she owns or between the person’s dwelling and place of business. [Mich. Comp. Laws Serv. §§ 750.227(2)] |
Self-Defense and Use of Force
| CASTLE DOCTRINE Is Michigan a Castle Doctrine state? | Yes. Michigan is recognized as a Castle Doctrine state. This means that an individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual. |
| “Stand Your Ground” Is Michigan a “Stand Your Ground” state? | Yes. Michigan is a “Stand Your Ground” state. This means that individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual. |
| Use of Non-Deadly Force | An individual not engaged in the commission of a crime may use non-deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if the person reasonably believes that the use of that force is necessary to defend themselves or another individual from the imminent unlawful use of force by another individual. |
| Use of Deadly Force | An individual not engaged in the commission of a crime may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if the individual reasonably believes that the use of that force is necessary to prevent: 1. Imminent death of or imminent great bodily harm to themselves or to another individual; or 2. Imminent sexual assault of themselves or of another individual. |