Michigan

Get the latest information on Michigan firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

yes

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Michigan - Article 1, Section 6
"Every person has a right to keep and bear arms for the defense of himself and the state."

 

Michigan's firearm law history has seen a range of legislative changes and judicial decisions that reflect the state's evolving stance on gun rights. In 1927, Michigan enacted its first significant gun control law, requiring licenses for handgun purchases, which established a regulatory framework that has been revised over the years. A pivotal moment came in 2001 with the introduction of a concealed carry law, allowing individuals to obtain permits after meeting specific training and background check requirements, which expanded self-defense options for responsible gun owners. The 2008 Michigan Supreme Court case People v. Dupree upheld the right to carry a firearm in public, reinforcing individual rights under state law. In 2013, Michigan further streamlined the process for obtaining concealed carry permits, reducing bureaucratic barriers.

Permit Eligibility, Training and Application Process

Michigan's history of concealed pistol licenses (CPL) began with the enactment of the Concealed Pistol License Act in 2001, which established a framework for individuals to obtain permits after completing training and passing a background check. This marked a significant expansion of gun rights in the state, allowing law-abiding citizens greater access to concealed carry for self-defense. In 2008, the Michigan Supreme Court's ruling in People v. Dupree affirmed the legality of carrying firearms in public spaces, further bolstering the rights of CPL holders. In 2013, Michigan streamlined the process for obtaining a CPL by reducing application fees and enhancing the efficiency of background checks, making it easier for residents to carry concealed weapons.

Michigan License Eligibility

To qualify for a Concealed Pistol License, all of the following circumstances must exist:

  1. The applicant is 21 years of age or older.
  2. The applicant is a citizen of the United States or is an alien lawfully admitted into the United States, is a legal resident of this state, and has resided in this state for not less than the 6 months immediately preceding the date of application
  3. The applicant has knowledge and has had training in the safe use and handling of a pistol by the successful completion of a pistol safety training course or class that meets the state requirements
  4. The applicant is not the subject of an order or disposition under anything listed in Mich. Comp. Laws § 28.425b (7) (d)
  5. The applicant is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm
  6. The applicant has never been convicted of a felony in this state or elsewhere, and a felony charge against the applicant is not pending in this state or elsewhere at the time the applicant applies for a license
  7. The applicant has not been dishonorably discharged from the Armed Forces of the United States
  8. The applicant has not been convicted of a misdemeanor violation of anything listed in Mich. Comp. Laws § 28.425b (7) (h)
  9. The applicant has not been convicted of a misdemeanor violation of anything listed in Mich. Comp. Laws § 28.425b (7) (i)
  10. The applicant has not been found guilty but mentally ill of any crime and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity
  11. The applicant is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness
  12. The applicant has filed a statement that the applicant does not have a diagnosis of mental illness that includes an assessment that the individual presents a danger to the applicant or to another at the time the application is made, regardless of whether the applicant is receiving treatment for that illness
  13. The applicant is not under a court order of legal incapacity in this state or elsewhere
  14. The applicant has a valid state-issued driver license or personal identification card

Mich. Comp. Laws § 28.425b (7)

 

Michigan Training Requirements

  1. A pistol training or safety program described in section 5b(7)(c) meets the requirements for knowledge or training in the safe use and handling of a pistol only if the training was provided within 5 years preceding the date of application and consisted of not less than 8 hours of instruction and all of the following conditions are met:
    1. The program is certified by this state or a national or state firearms training organization and provides 5 hours of instruction in, but is not limited to providing instruction in, all of the following:
      1. The safe storage, use, and handling of a pistol including, but not limited to, safe storage, use, and handling to protect child safety.
      2. Ammunition knowledge, and the fundamentals of pistol shooting.
      3. Pistol shooting positions.
      4. Firearms and the law, including civil liability issues and the use of deadly force. This portion must be taught by an attorney or an individual trained in the use of deadly force.
      5. Avoiding criminal attack and controlling a violent confrontation.
      6. All laws that apply to carrying a concealed pistol in this state.
    2. The program provides at least 3 hours of instruction on a firing range and requires firing at least 30 rounds of ammunition.

Mich. Comp. Laws Ann. § 28.425j

 

Michigan License Application Process

  1. County clerks shall provide concealed pistol application kits during normal business hours and free of charge to individuals who wish to apply for licenses to carry concealed pistols. Each kit shall only contain all of the following:
    1. A concealed pistol license application form provided by the director of the department of state police.
    2. The fingerprint cards under section 5b(10), if required.
    3. Written information regarding the procedures involved in obtaining a license to carry a concealed pistol.
    4. Written information identifying entities that offer the training required under section 5b(7)(c), if maintained by the county clerk.

Application Fee: $115.00

Renewals: $115.00

A Concealed Pistol License is valid for 5 years.

Mich. Comp. Laws Ann. § 28.425

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit. 

Michigan is not a permitless-carry state.

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Michigan Permit or does not require a license
Does not recognize a Michigan Permit
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties. 

Michigan law:

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

Mich. Comp. Laws § 123.1102

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g). 

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.  

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms. 

Michigan Private-Party Transfers

If an individual purchases or otherwise acquires a firearm, the seller shall fill out the license forms describing the firearm, together with the date of sale or acquisition, and sign the seller's name in ink indicating that the firearm was sold to or otherwise acquired by the purchaser. The purchaser shall also sign the purchaser's name in ink indicating the purchase or other acquisition of the firearm from the seller. The seller may retain a copy of the license as a record of the transaction, shall provide a copy of the license to the purchaser, and, if the firearm is a pistol, shall return 1 copy of the license to the licensing authority not later than 10 days after the date the pistol is purchased or acquired. The seller shall return the copy to the licensing authority in person or by first-class mail or certified mail sent in the 10-day period to the proper address of the licensing authority. A seller who fails to comply with the requirements of this subsection is responsible for a state civil infraction and may be fined not more than $250.00. If a seller is found responsible for a state civil infraction under this subsection, the court shall notify the department of state police of that determination.

Mich. Comp. Laws § 28.422 (5)

Firearm Classification and Accessory Restrictions

COMING SOON!

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.  

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

Michigan has no laws restricting the ammunition capacity of magazines.

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state. 

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.  

Michigan Prohibited Areas

An individual licensed to carry a concealed pistol shall not carry a concealed pistol on the premises of any of the following:

  1. A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the student from the school. As used in this section, “school” and “school property” mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
  2. A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency. Mich. Comp. Laws Ann. § 28.425o
  3. A sports arena or stadium. Mich. Comp. Laws Ann. § 28.425o
  4. A bar or tavern licensed under the Michigan liquor control code where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. Mich. Comp. Laws Ann. § 28.425o. This section does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code an appropriate sign stating that “This establishment prohibits patrons from carrying concealed weapons”.
  5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility. Mich. Comp. Laws Ann. § 28.425o
  6. An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals 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. Mich. Comp. Laws Ann. § 28.425o
  7. A hospital. Mich. Comp. Laws Ann. § 28.425o
  8. A dormitory or classroom of a community college, college, or university. Mich. Comp. Laws Ann. § 28.425o
  9. Casinos. Mich. Admin. Code r. 432.1212
  10. Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval. Supreme Court Administrative Order 2001-1
  11. “No person may carry a firearm in the public areas inside the Michigan State Capitol Building. Exceptions to this include the Michigan State Police, Capitol Security Officers, Sergeants-at- Arms of the Michigan Senate or House of Representatives, law enforcement officers licensed by the Michigan Commission on Law Enforcement Standards in the performance of their official duties, if the officer is in uniform or otherwise properly identified, and, a person with a valid Concealed Pistol License (CPL), issued by any state, who is carrying a concealed weapon in compliance with Michigan CPL regulations.” (See Procedures For the Use of the Public Areas of The Michigan State Capitol, Section III)

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.  

Michigan Open Carry

Michigan does not require a permit to open carry. However, if you open carry without a permit, there are places that are off limits that otherwise aren’t off limits if you have a permit.

Without a permit, a person shall not possess a firearm on the premises of any of the following:

  1. A depository financial institution or a subsidiary or affiliate of a depository financial institution.
  2. A church or other house of religious worship.
  3. A court.
  4. A theatre.
  5. A sports arena.
  6. A day care center.
  7. A hospital.
  8. An establishment licensed under the Michigan liquor control act

Open carry in a vehicle without a permit is prohibited. (§750.227)

Mich. Comp. Laws Ann. § 750.234d

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.  

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply. 

Michigan, no-weapons signs do not have the force of law.

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.  

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”   

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3) 

Michigan law:

  1. An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:
    1. The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
    2. The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
    3. Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.
  2. Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or both.
  3. An individual who violates subsection (1) and causes a serious impairment of a body function of another individual by the discharge or use in any manner of the firearm is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.
  4. An individual who violates subsection (1) and causes the death of another individual by the discharge or use in any manner of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.

Mich. Comp. Laws § 750.237

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.  

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.  

Michigan law:

  • 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.

Mich.  Comp. Laws Ann. § 750.227

  • A person licensed to carry a concealed pistol may lawfully  occupy a motor vehicle in which a pistol has been left that belongs to another person who has exited the vehicle.

2003 Mich. Op. Atty. Gen. No.  7136, 2003 WL 21796196 (Mich. A.G. July 30, 2003)

  • A person who is not licensed to carry a concealed pistol may  lawfully occupy a vehicle in which a pistol has been left that is  lawfully contained and that belongs to another person who has exited the  vehicle, only if the occupant is not carrying the weapon, a  determination that depends on the facts of each case.

2003 Mich. Op.  Atty. Gen. No. 7136, 2003 WL 21796196 (Mich. A.G. July 30, 2003)

 

Michigan Vehicle Carry Exceptions

The restriction on carrying a pistol in a vehicle does not apply:

  • To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
  • To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

Mich. Comp. Laws § 750.231a

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.  

Michigan law:

In Michigan, there is no general crime for allowing a minor to have or obtain access to a firearm. However, if a parent with custody of a minor child (under 18 years) violates the criminal code in a weapons free school zone and the parent knew that the minor would violate this chapter, or the parent acts to further the violation, then he or she is guilty of a misdemeanor.  This broad law includes such things as the minor possessing, concealing, brandishing, or discharging the firearm in a weapons free school zone.

Mich. Comp. Laws § 750.235a.

Other Weapons Restrictions

COMING SOON!

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. 

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state. 

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.   

Michigan is a duty-to-inform state. A licensee who is stopped by a police officer in Michigan is required to immediately inform the peace officer that he or she is carrying a firearm as well as have their license to carry in their immediate possession at all times.

Michigan law:

An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol or a portable device that uses electro-muscular disruption technology concealed upon his or her person or in his or her vehicle.

Mich. Comp. Laws § 28.425f

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions. 

Michigan does not have Emergency Risk Orders ("Red Flag Laws).

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.  

Michigan Use-of-Force Law

  1. An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:
    1. The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
    2. The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
  2. 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.

Mich. Comp. Laws § 780.972 (1)

 

Jury Instruction for Self-Defense

Jury instructions are the standard you are held to in a court. In Michigan, a jury will consider 3 things during a self-defense case:

  1. First, at the time [he / she] acted, the defendant must have honestly and reasonably believed that [he / she] was in danger of being [killed / seriously injured / sexually assaulted].
  2. Second, a person may not kill or seriously injure another person just to protect [himself / herself] against what seems like a threat of only minor injury. The defendant must have been afraid of [death / serious physical injury / sexual assault].
  3. Third, at the time [he / she] acted, the defendant must have honestly and reasonably believed that what [he / she] did was immediately necessary. Under the law, a person may only use as much force as [he / she] thinks is necessary at the time to protect [himself / herself].

M Crim JI 7.15 Use of Deadly Force in Self-Defense

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.  

Michigan does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.   

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all. 

Michigan law:

Presumption of Reasonableness

It is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under section 2 of the self-defense act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual will occur if both of the following apply:

  1. The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will.
  2. The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described in subdivision (a).

Mich. Comp. Laws § 780.951 (1)

 

Presumption of Reasonableness

The presumption set forth in subsection 1 does not apply if any of the following circumstances exist:

  1. The individual against whom deadly force or force other than deadly force is used, including an owner, lessee, or titleholder, has the legal right to be in the dwelling, business premises, or vehicle and there is not an injunction for protection from domestic violence or a written pretrial supervision order, a probation order, or a parole order of no contact against that person.
  2. The individual removed or being removed from the dwelling, business premises, or occupied vehicle is a child or grandchild of, or is otherwise in the lawful custody of or under the lawful guardianship of, the individual against whom deadly force or force other than deadly force is used.
  3. The individual who uses deadly force or force other than deadly force is engaged in the commission of a crime or is using the dwelling, business premises, or occupied vehicle to further the commission of a crime.
  4. The individual against whom deadly force or force other than deadly force is used is a peace officer who has entered or is attempting to enter a dwelling, business premises, or vehicle in the performance of his or her official duties in accordance with applicable law.
  5. The individual against whom deadly force or force other than deadly force is used is the spouse or former spouse of the individual using deadly force or force other than deadly force, an individual with whom the individual using deadly force or other than deadly force has or had a dating relationship, an individual with whom the individual using deadly force or other than deadly force has had a child in common, or a resident or former resident of his or her household, and the individual using deadly force or other than deadly force has a prior history of domestic violence as the aggressor.

Mich. Comp. Laws § 780.951 (2)

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted. 

Michigan law does not specifically address the issue of defense of property.

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits. 

Michigan law:

An individual who uses deadly force or force other than deadly force in self-defense or in defense of another individual in compliance with section 2 of the self-defense act is immune from civil liability for damages caused to either of the following by the use of that deadly force or force other than deadly force:

  1. The individual against whom the use of deadly force or force other than deadly force is authorized.
  2. Any individual claiming damages arising out of injury to or the death of the individual described in subdivision (a), based upon his or her relationship to that individual.

The court shall award the payment of actual attorney fees and costs to an individual who is sued for civil damages for allegedly using deadly force or force other than deadly force against another individual if the court determines that the individual used deadly force or force other than deadly force in compliance with section 2 of the self-defense act and that the individual is immune from civil liability.

Mich. Comp. Laws § 600.2922b and 600.2922c

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations. 

Michigan law:

An individual may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat.

Mich. Comp. Laws Ann. § 780.972

Self-Defense Limitations

COMING SOON!

Use of Force Considerations

COMING SOON!

Use of Force Against Animals

COMING SOON!

Special Notes

Carrying Without a Permit

  1. A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any 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.
  2. 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.
  3. A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.

Mich. Comp. Laws § 750.227

Cases to Watch

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