Michigan Gun Control Laws

The constitutional right to bear arms is honored throughout the United States by federal law.  Each state has the right and responsibility to legislate the specific rules and regulations concerning purchasing and carrying guns under that constitutional authority.  Those restrictions usually involve prohibiting minors and those with substance abuse, criminal, and mental problems from carrying guns, but some states have otherwise open gun laws.  Michigan is one of those states.  It is a “shall issue” state, meaning that apart from specific legal prohibitions, local authorities shall issue permits or licenses for citizens to carry guns.

Michigan Carrying Guns & Possession Laws

As a “shall issue” state, Michigan allows local jurisdictions to issue gun licenses and permits without additional discretion on the part of those officials.   Michigan requires a permit for carrying a handgun, but not a rifle or shotgun in the state.  Otherwise, no regulations outside of federal laws exist.  Restrictions on NFA weapons are not applicable in the state, however, state law does make criminal the possession of silencers, and short-barreled, or sawed off, shotguns and rifles.  In addition, Michigan outlaws the possession of a firearm while under the influence of any amount of alcohol.

Penalties & Regulations for Unlawful Possession

Anyone attempting to obtain a license for a pistol or a pistol by providing false information or false identification is guilty of a misdemeanor and can face up to 90 days in jail and/or $100 in fines.

• Anyone found carrying a concealed weapon without a license or in a manner prohibited by that license will be guilty of a felony and can face up to 5 years in prison and/or up to $25,000 in fines.
• Anyone found carrying a firearm with intent to break the law is guilty of a felony and can face up to 5 years in prison and/or up to $2,500 in fines.
• Anyone found carrying a loaded pistol or handgun is guilty of a felony and can face up to 2 years in prison and/or up to $2,500 in fines.
• Anyone found in possession of a sawed off, or short-barreled, shotgun is guilty of a felony and may face up to five years in prison or up $2,500 in fines.
• Anyone found in possession of a firearm on certain specific premises is guilty of a misdemeanor and can face up to 90 days in jail and/or $100 in fines.  Those premises can include
• Public Places: financial institution, church or other house of worship, court, theater, sports arena, day care center, hospital
  
• A minor under the age of 18 found in possession of an illegal firearm is guilty of a misdemeanor and can face up to 90 days in jail and/or up to $100 in fines.

Requirements for Possession: For Firearm, Shotgun, and Rifle Possession in the state of Michigan

Purchasing Guns

Michigan is an open state where the purchase of handguns is available to those in accordance with the laws for licensing and possession.  Those who are prohibited from purchasing weapons include felons and those with a history of mentally illness.    

Penalties & Regulations for Unlawful Purchases

• Altering, changing, or erasing any identifying marking on a firearm is a felony, and carries a penalty of up to 2 years in prison and/or up to $1,000 in fines.

Requirements for Purchase: For Firearm, Shotgun, and Rifle Purchase in the state of Michigan

Firing Handguns and Self Defense

In the state of Michigan, use of a firearm or handgun in self-defense is permitted, whether in public or on private property.  Illegal acts involving discharging firearms in Michigan include:

• Anyone found guilty of pointing a firearm at another person intentionally, but doing so without malice, is guilty of a misdemeanor, and can face up to 93 days in jail and/or up to $500 in fines.
• Anyone found guilty of discharging a firearm at another person intentionally, but doing so without malice, without harm, is guilty of a misdemeanor, and can face up to 1 year in prison and/or up to $500 in fines.
• Intentionally discharging a firearm at a building is guilty of a felony and can face up to 4 years in prison and/or $2,000 in fines.

Anyone found in possession of a firearm while committing a felony faces a 2-year mandatory prison sentence in addition to the sentence they face for the felony, and those sentences must be served consecutively, without possibility of parole during the mandatory term.

Legal Help

While Michigan is an open and “shall carry” state with a great deal of leeway for citizens to purchase, carry, and use firearms legally, there are heavy restrictions for those who do so illegally.  In some cases, the penalties are felonies with mandatory sentences, some even without parole.  When these penalties are that severe, it is unwise to face those charges without the help of an experienced criminal attorney.  They understand the intricacies of the law and the best way to prove your innocence.  If you are facing these kinds of charges, do not delay in consulting an attorney to learn the severity of the consequences you may have to deal with.