Michigan’s weapons laws are outlined in the Michigan Penal Code, specifically in Chapter 750, which defines who can carry firearms and where they are prohibited. The law requires individuals to obtain a concealed pistol license (CPL) to carry a concealed firearm, and it sets forth specific requirements and restrictions. Under Section 750.227 of the Michigan Penal Code, carrying a concealed firearm without a valid CPL is a felony punishable by up to 5 years in prison and a fine of up to $2,500.
Defining Concealed Carry and Licensing Requirements in Michigan
The Michigan Penal Code defines a concealed firearm as a firearm that is carried in a way that is not visible to the public, and it requires individuals to obtain a CPL to carry a concealed firearm. To obtain a CPL, an individual must be at least 21 years old, be a U.S. citizen or a lawful permanent resident, and have completed a firearms training course that meets the requirements of Section 5j of 1927 PA 372. The training course must include at least 8 hours of instruction, including 5 hours of classroom instruction and 3 hours of range training.
The CPL is issued by the county clerk’s office, and it is valid for 5 years. The application fee for a CPL is $105, and the renewal fee is $115. The Michigan State Police are responsible for conducting background checks on applicants, and they must complete the check within 30 days of receiving the application. If the applicant is approved, the county clerk’s office will issue the CPL within 45 days of receiving the application.
Under Section 28.425 of the Michigan Compiled Laws, an individual who has been convicted of a felony is ineligible to obtain a CPL, unless the conviction has been expunged or set aside. Additionally, an individual who has been diagnosed with a mental illness or who has a history of mental illness may be ineligible to obtain a CPL, depending on the specific circumstances.
Prohibited Locations and Exemptions Under Michigan Law
Schools and Educational Institutions
Under Section 750.237a of the Michigan Penal Code, it is a felony to carry a firearm in a school or on school property, unless the individual is a licensed peace officer or has been authorized to carry a firearm by the school administration. This includes elementary, middle, and high schools, as well as colleges and universities. The penalty for carrying a firearm in a school is up to 5 years in prison and a fine of up to $5,000.
Courthouses and Government Buildings
Under Section 750.237 of the Michigan Penal Code, it is a felony to carry a firearm in a courthouse or other government building, unless the individual is a licensed peace officer or has been authorized to carry a firearm by the court or government agency. This includes federal, state, and local government buildings, as well as courthouses and courtrooms. The penalty for carrying a firearm in a government building is up to 5 years in prison and a fine of up to $5,000.
Stadiums and Entertainment Venues
Under Section 750.234d of the Michigan Penal Code, it is a misdemeanor to carry a firearm in a stadium or entertainment venue, unless the individual is a licensed peace officer or has been authorized to carry a firearm by the venue administration. This includes sports stadiums, concert halls, and other entertainment venues. The penalty for carrying a firearm in a stadium or entertainment venue is up to 1 year in jail and a fine of up to $1,000.
The Legal Process for Obtaining a Concealed Pistol License in Michigan
To obtain a CPL, an individual must submit an application to the county clerk’s office, along with the required fee and documentation. The application must include the individual’s name, address, and date of birth, as well as a statement of the individual’s eligibility to obtain a CPL. The county clerk’s office will review the application and conduct a background check, which includes a check of the individual’s criminal history and mental health records.
If the application is approved, the county clerk’s office will issue the CPL, which must be carried by the individual at all times when carrying a concealed firearm. The CPL must be presented to a law enforcement officer upon request, and it is the individual’s responsibility to ensure that the CPL is valid and up-to-date. Under Section 28.425 of the Michigan Compiled Laws, a CPL is valid for 5 years, after which it must be renewed.
Under Section 28.425a of the Michigan Compiled Laws, an individual who has been denied a CPL may appeal the denial to the circuit court. The appeal must be filed within 30 days of the denial, and it must include a statement of the grounds for the appeal. The circuit court will review the appeal and make a determination based on the evidence presented.
Penalties and Consequences Under Michigan Law
Under Section 750.227 of the Michigan Penal Code, carrying a concealed firearm without a valid CPL is a felony punishable by up to 5 years in prison and a fine of up to $2,500. Additionally, an individual who has been convicted of a felony is ineligible to obtain a CPL, unless the conviction has been expunged or set aside. Under Section 28.425 of the Michigan Compiled Laws, an individual who has been convicted of a misdemeanor involving a firearm is also ineligible to obtain a CPL for a period of 3 years.
Under Section 750.234d of the Michigan Penal Code, carrying a firearm in a stadium or entertainment venue is a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000. Additionally, an individual who has been convicted of carrying a firearm in a school or government building may be subject to enhanced penalties, including up to 5 years in prison and a fine of up to $5,000.
Under Section 28.425b of the Michigan Compiled Laws, an individual who has been convicted of a crime involving a firearm may be subject to a mandatory sentence, which includes a minimum term of imprisonment and a fine. The mandatory sentence is based on the severity of the crime and the individual’s prior record, and it may include a term of probation or parole.
How Michigan Compares to Other States
Michigan’s concealed carry laws are similar to those of other states, including Ohio and Indiana. Under Ohio law, an individual must obtain a concealed handgun license (CHL) to carry a concealed firearm, and the license is valid for 5 years. In Indiana, an individual must obtain a lifetime license to carry a handgun, which is valid for the individual’s lifetime.
Under Illinois law, an individual must obtain a concealed carry license (CCL) to carry a concealed firearm, and the license is valid for 5 years. The CCL requires a background check and a 16-hour training course, which includes 8 hours of classroom instruction and 8 hours of range training. In Wisconsin, an individual must obtain a concealed carry license to carry a concealed firearm, and the license is valid for 5 years.
Michigan’s concealed carry laws are also similar to those of Minnesota, which requires an individual to obtain a permit to carry a handgun. The permit is valid for 5 years and requires a background check and a training course. Minnesota law also prohibits carrying a firearm in certain locations, including schools and government buildings.
Practical Steps for Michigan Residents
To obtain a CPL, a Michigan resident must submit an application to the county clerk’s office, along with the required fee and documentation. The application must include the individual’s name, address, and date of birth, as well as a statement of the individual’s eligibility to obtain a CPL. The county clerk’s office will review the application and conduct a background check, which includes a check of the individual’s criminal history and mental health records.
You must also complete a firearms training course that meets the requirements of Section 5j of 1927 PA 372, which includes at least 8 hours of instruction, including 5 hours of classroom instruction and 3 hours of range training. The training course must be completed within 5 years of applying for a CPL, and it must be taught by a certified instructor. You can find a list of certified instructors on the Michigan State Police website.
Once you have completed the training course and submitted your application, you must wait for the county clerk’s office to process your application and conduct a background check. This may take up to 45 days, and you will be notified by mail when your CPL is ready to be picked up. You must also renew your CPL every 5 years, which requires submitting a new application and paying the renewal fee.
Recent Changes or Notable Issues in Michigan
In 2020, the Michigan Legislature passed a law that allows individuals to carry a concealed firearm in certain locations, including schools and government buildings, if they have obtained a CPL and have been authorized to carry a firearm by the school administration or government agency. The law also requires schools and government agencies to develop policies and procedures for allowing individuals to carry concealed firearms on their premises.
In 2019, the Michigan Court of Appeals ruled that the state’s concealed carry law is constitutional and does not violate the Second Amendment. The court held that the law is a reasonable regulation of the right to bear arms and does not impose an undue burden on individuals who wish to carry a concealed firearm. The ruling has been appealed to the Michigan Supreme Court, which has not yet issued a decision.
- Office of the Law Revision Counsel. relevant federal statute
- U.S. Courts. federal court procedures
- USA.gov. relevant government resource
