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FIREARMS LAWS OF MICHIGAN - legislature.mi.gov

FIREARMS LAWS. OF. MICHIGAN . Compiled by the Legislative Service Bureau Pursuant to Act 381 of the Public Acts of 2000. April 2018. PREFACE. This publication, FIREARMS Laws of MICHIGAN , has been prepared by the Legislative Service Bureau pursuant to Act 381. of 2000, which requires the Bureau to compile the FIREARMS laws of this state, including laws that apply to carrying a concealed MCL The FIREARMS laws compiled herein are reprinted from the text of the MICHIGAN Compiled Laws, supplemented through Act 98 of the 2018 Regular Session of the MICHIGAN Legislature. Materials in boldface type, particularly catch lines and annotations to the statutes, are not part of the statutes as enacted by the Legislature. In addition to state statutes concerning FIREARMS , this publication includes selected MICHIGAN Attorney General Opinions that interpret various FIREARMS laws.

PREFACE This publication, Firearms Laws of Michigan, has been prepared by the Legislative Service Bureau pursuant to Act 381 of 2000, which requires the Bureau to “compile the firearmslaws of this state, including laws that apply to carrying a concealed

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Transcription of FIREARMS LAWS OF MICHIGAN - legislature.mi.gov

1 FIREARMS LAWS. OF. MICHIGAN . Compiled by the Legislative Service Bureau Pursuant to Act 381 of the Public Acts of 2000. April 2018. PREFACE. This publication, FIREARMS Laws of MICHIGAN , has been prepared by the Legislative Service Bureau pursuant to Act 381. of 2000, which requires the Bureau to compile the FIREARMS laws of this state, including laws that apply to carrying a concealed MCL The FIREARMS laws compiled herein are reprinted from the text of the MICHIGAN Compiled Laws, supplemented through Act 98 of the 2018 Regular Session of the MICHIGAN Legislature. Materials in boldface type, particularly catch lines and annotations to the statutes, are not part of the statutes as enacted by the Legislature. In addition to state statutes concerning FIREARMS , this publication includes selected MICHIGAN Attorney General Opinions that interpret various FIREARMS laws.

2 Frequently Asked Questions (FAQs) about FIREARMS , together with answers prepared by the MICHIGAN Department of State Police, may be viewed at, and downloaded from, the State Police website: Federal FIREARMS laws (Gun Control Act of 1968, Brady Law , Arms Export Control Act, National FIREARMS Act, etc.), together with related regulations, are beyond the scope of this publication. Interested persons may access these materials from a number of sources, including the federal Bureau of Alcohol, Tobacco, FIREARMS and Explosives ( Department of Justice). website: This publication, FIREARMS Laws of MICHIGAN , is available in PDF format at the MICHIGAN Legislature's website: under the section heading Publications . Legislative Service Bureau State of MICHIGAN Lansing, MICHIGAN April 2018.

3 FIREARMS LAWS OF MICHIGAN . TABLE OF CONTENTS. Constitutional Provisions Constitution of the United 1. Constitution of MICHIGAN of 2. MICHIGAN Statutes Purchase of Rifles and 3. Revised Statutes of 4. 5. MICHIGAN Retired Law Enforcement Officer's Firearm Carry 36. The Fourth Class City 40. FIREARMS and 42. MICHIGAN Vehicle 43. Aeronautics Code of the State of 44. Wild Life 46. Natural Resources and Environmental Protection 47. Mental Health 64. Public Health 71. Professional Investigator Licensure 78. Private Security Business and Security Alarm 81. The Revised School 83. Adult Foster Care Facility Licensing 88. Animals Running At 94. Rural Cemetery 95. Revised Judicature Act of 96. Sport Shooting 106. Probate Code of 108. The MICHIGAN Penal 122. Death or Injuries From 150.

4 Careless, Reckless, or Negligent Use of 151. Spring, Gas, or Air Operated 152. The Code of Criminal 153. William Van Regenmorter Crime Victim's Rights 175. Presumption Regarding 179. Self-Defense 181. Corrections Code of 182. Liquor, Narcotics, and Weapons Prohibited In 184. Alcoholic Liquor, Controlled Substances, and 185. Page iii FIREARMS LAWS OF MICHIGAN . Opinions of the Attorney General Opinion No. 3158: Concealed 187. Opinion No. 5215: 189. Opinion No. 5960: 190. Opinion No. 6015: 192. Opinion No. 6798: Concealed Weapon 194. Opinion No. 7020: Explosives, FIREARMS , 196. Opinion No. 7098: Concealed Weapons, FIREARMS , Law Enforcement, Peace Officers, 198. Opinion No. 7101: Criminal Law, FIREARMS , Law Enforcement, Peace Officers, 201. Opinion No. 7113: Concealed Weapons, FIREARMS , Law Enforcement, Peace 203.

5 Opinion No. 7120: Concealed Weapons, FIREARMS , Law Enforcement, Municipalities, 206. Opinion No. 7133: Concealed Weapons, FIREARMS , Criminal 208. Opinion No. 7136: Concealed Weapons, FIREARMS , Criminal 211. Opinion No. 7152: FIREARMS , 213. Opinion No. 7182: FIREARMS , Law Enforcement 215. Opinion No. 7183: FIREARMS , MICHIGAN Penal 218. Opinion No. 7253: FIREARMS , FIREARMS Act, MICHIGAN Penal Code, Short-Barreled 221. Opinion No. 7254: Const. 1963, Art. 1, 6, FIREARMS , Natural Resources 223. Opinion No. 7260: FIREARMS , Silencers or Mufflers, MICHIGAN Penal 227. Page iv FIREARMS LAWS OF MICHIGAN . CONSTITUTION OF THE UNITED STATES (EXCERPT). We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

6 AMENDMENT II. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Page 1. FIREARMS LAWS OF MICHIGAN . CONSTITUTION OF MICHIGAN OF 1963 (EXCERPT). Preamble. We, the people of the State of MICHIGAN , grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution. ARTICLE I. DECLARATION OF RIGHTS. 6 Bearing of arms. Sec. 6. Every person has a right to keep and bear arms for the defense of himself and the state. History: Const. 1963, Art. I, 6, Eff. Jan. 1, 1964. Former constitution: See Const. 1908, Art. II, 5. Page 2. FIREARMS LAWS OF MICHIGAN .

7 PURCHASE OF RIFLES AND SHOTGUNS. Act 207 of 1969. AN ACT to permit residents to purchase rifles and shotguns in contiguous states and to provide for reciprocity. History: 1969, Act 207, Imd. Eff. Aug. 6, 1969. The People of the State of MICHIGAN enact: Rifles and shotguns; purchases by residents. Sec. 1. Residents of this state may purchase rifles and shotguns in any state if they conform to the federal gun control act of 1968, Public Law 90-618, and the regulations issued under that act, as administered by the secretary of the treasury, and with the laws of the state in which the purchase is made. History: 1969, Act 207, Imd. Eff. Aug. 6, 1969; Am. 2012, Act 378, Imd. Eff. Dec. 18, 2012. Rifles and shotguns; purchases by nonresidents. Sec. 2. Residents of another state may purchase rifles and shotguns in this state if they conform to the federal gun control act of 1968, Public Law 90-618, and the regulations issued under that act, as administered by the secretary of the treasury, and with the laws of the state in which the purchaser resides.

8 History: 1969, Act 207, Imd. Eff. Aug. 6, 1969; Am. 2012, Act 378, Imd. Eff. Dec. 18, 2012. Page 3. FIREARMS LAWS OF MICHIGAN . REVISED STATUTES OF 1846 (EXCERPT). History: 1846, Ch. 1. Be it enacted by the Senate and House of Representatives of the State of MICHIGAN : CHAPTER 1. CHAPTER 1. OF THE STATUTES. Firearm defined. Sec. 3t. The word firearm , except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. History: Add. 1959, Act 189, Imd. Eff. July 22, 1959; Am. 2015, Act 22, Eff. July 1, 2015. Page 4. FIREARMS LAWS OF MICHIGAN . FIREARMS . Act 372 of 1927. AN ACT to regulate and license the selling, purchasing, possessing, and carrying of certain FIREARMS , gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain FIREARMS , gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of FIREARMS and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations.

9 To prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act. History: 1927, Act 372, Eff. Sept. 5, 1927; Am. 1929, Act 206, Imd. Eff. May 20, 1929; Am. 1931, Act 333, Imd. Eff. June 16, 1931; Am. 1980, Act 345, Eff. Mar. 31, 1981; Am. 1990, Act 320, Eff. Mar. 28, 1991; Am. 2000, Act 265, Imd. Eff. June 29, 2000; Am. 2000, Act 381, Eff. July 1, 2001; Am. 2012, Act 123, Eff. Aug. 6, 2012. Popular name: CCW. Popular name: Concealed Weapons Popular name: CPL. Popular name: Right to Carry Popular name: Shall Issue The People of the State of MICHIGAN enact: Definitions; lawful owning, possessing, carrying, or transporting of pistol greater than 26 inches in length; conditions; firearm not considered as pistol; election.

10 Sec. 1. (1) As used in this act: (a) Corrections officer of the department of corrections means a state correctional officer as that term is defined in section 2. of the correctional officers' training act of 1982, 1982 PA 415, MCL (b) Felony means, except as otherwise provided in this subdivision, that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL , or a violation of a law of the United States or another state that is designated as a felony or that is punishable by death or by imprisonment for more than 1 year. Felony does not include a violation of a penal law of this state that is expressly designated as a misdemeanor. (c) Firearm means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.


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