Michigan

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

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

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)

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)

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

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

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

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.

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

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

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)

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

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

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