Michigan State Gun Laws
State Gun Laws
Basic Info and Definitions
What is the difference between federal and state gun laws? Why do I need to understand both?
In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.
One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.
If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.
What is the definition of a felony?
Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. It is defined as a violation of, or an attempt to violate, any state or federal law that is punishable by prison time of more than one year.1
Michigan’s concealed carry license law says that a felony is a crime that that is punishable by death or imprisonment for one year or more, or one that the United States or another state considers a felony. This does not include crimes listed as misdemeanors.2
However, you cannot always tell if someone was convicted of a felony only by looking at the amount of time s/he actually served in prison since sentences are often reduced or pled down. If you are unsure if the abuser was convicted of a felony, you might want to talk to the prosecutor who handled the criminal case against the abuser to find out or go to the courthouse and search the conviction records.
1 MCL § 750.224f(10)(b)
2 MCL §§ 28.425b; 761.1; 750.7
I am a victim of domestic violence and the abuser has a gun. Is that legal?
Under Michigan law, the following restrictions exist regarding when someone can lawfully have or buy a firearm after being convicted of a crime:
- If a person was convicted of a felony punishable by imprisonment of four years or more, three years must pass since s/he:
- paid all of the fines s/he was given when convicted;
- has served the term of his/her prison sentence; and
- successfully completed parole or probation.1
- If the crime that the person was convicted of is a “specified felony,” then five years must pass since the completion of fines, prison sentence, and probation or parole.2 A “specified felony” means:
- s/he used, attempted, or threatened to use physical force when committing the crime;
- the crime involved a controlled substance, a firearm, or an explosive; or
- the felony is burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson.3
- If a person was convicted of a misdemeanor involving domestic violence, eight years must pass since s/he:
- paid all fines imposed for the violation;
- served all terms of imprisonment imposed for the violation; and
- successfully completed all conditions of probation imposed for the violation.4
Michigan state law does not automatically make it illegal for an abuser to have a gun if there is a personal protection order (“PPO”) issued against him/her. However, a judge does have the option of including a firearm restriction in a PPO, which would make firearm possession illegal.5
Michigan state law also says that a person cannot have a license to carry a concealed pistol if s/he:
- is under age 21;
- is not a US citizen or lawful permanent resident;
- is subject to a court order regarding mental illness or competency, see section 28.425b(7)(d) of the law for more information;
- has been convicted of a felony, punishable by death or imprisonment of one year or more;
- has been convicted of a crime listed in section 28.425b(7)(h) of the law within the past eight years, or a charge for any of the listed crimes is currently pending;
- has been convicted of a crime listed in section 28.425b(7)(i) of the law within the past three years, or a charge for any of the listed crimes is currently pending;
- has a domestic relationship personal protection order (PPO) or a non-domestic stalking personal protection order (PPO) issued against him/her;
- has an extreme risk protection order issued against him/her;
- has been dishonorably discharged from the armed forces;
- has been subject to an order of involuntary commitment in a mental health center or is under an order of legal incapacity in any state;
- is currently diagnosed with a mental illness that includes an assessment that the individual presents a danger to himself/herself or others, regardless of whether or not s/he is receiving treatment for the mental illness;
- has been acquitted of a crime by reason of insanity or mental illness; or
- the licensing board believes that it would be otherwise harmful to the safety of the applicant or others for the applicant to possess a concealed pistol based on clear and convincing evidence of repeated violations of this law, crimes, personal protection orders or injunctions, police reports or other clear and convincing evidence of the actions/ statements of the applicant.6
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 MCL §§ 750.224f(1); 750.224f(3)
2 MCL §§ 750.224f(2); 750.224f(4)
3 MCL §§ 750.224f(10)
4 MCL §§ 750.224f(5)
5 MCL § 600.2950(1)(e)
6 MCL § 28.425b(7)
Guns and Domestic Relationship Personal Protection Orders
I have a temporary order against the abuser. Can his/her gun be taken away?
As part of a personal protection order case, a judge can specifically order that the abuser not buy or have a firearm in his/her possession. So, if this is ordered in your temporary protection order, the abuser cannot legally have a gun.1
However, if there is no specific mention of a firearm restriction in the temporary protection order, then it may still be legal for the abuser to have a gun under Michigan state law.
1 MCL § 600.2950(1)(e)
I have a PPO against the abuser. Can s/he keep a gun or buy a new gun?
Michigan state law does not automatically make it illegal for a person to have a gun if there is a personal protection order issued against him/her. A judge does have the option of including a firearm restriction in a personal protection order. If there is a firearm restriction included in a protection order, then the respondent in that order cannot have a gun during the period of time that the order is in effect.1
A person who has a domestic relationship personal protection order (PPO) or a non-domestic stalking personal protection order (PPO) issued against him/her is not eligible to get a concealed handgun permit in Michigan. Note: Someone who has an extreme risk protection order issued against him/her is also ineligible.2
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. Go to Federal Gun Laws to get more information.
1 MCL § 600.2950(1)(e)
2 MCL § 28.425b(7)(d)(iii), (7)(d)(vi)
Is there anything I can do to make it more likely that my abuser's gun is taken away when I get a PPO?
Depending on the judge in your case, there may be some things you can do to increase the chances that the judge will require that an abuser’s guns are taken away. Keep in mind these tips may or may not result in the outcome that you are hoping for. Every judge is different. However, here are a few suggestions that may help:
- If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever shown you the guns or displayed them as a way to intimidate you and maintain control over you.
- Ask the judge to specifically write in your protective order that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for a protective order will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section.
- It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the protection order is in effect, you may also want to ask that the judge:
- require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
- make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- order that the police notify you when the guns are returned to the abuser.
- If the gun restriction is granted, check to make sure that it is written on your order before leaving the courthouse.
Guns and Criminal Convictions
If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Under Michigan law, the following restrictions exist regarding when someone can lawfully have or buy a firearm after being convicted of a crime:
- If a person was convicted of a felony punishable by imprisonment of four years or more, three years must pass since s/he:
- paid all of the fines s/he was given when convicted;
- has served the term of his/her prison sentence; and
- successfully completed parole or probation.1
- If the crime that the person was convicted of is a “specified felony,” then five years must pass since the completion of fines, prison sentence, and probation or parole.2 A “specified felony” means:
- s/he used, attempted, or threatened to use physical force when committing the crime;
- the crime involved a controlled substance, a firearm, or an explosive; or
- the felony is burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson.3
- If a person was convicted of a misdemeanor involving domestic violence, eight years must pass since s/he:
- paid all fines imposed for the violation;
- served all terms of imprisonment imposed for the violation; and
- successfully completed all conditions of probation imposed for the violation.4
Michigan state law also says that a person cannot have a license to carry a concealed pistol if s/he:
- has been convicted of a felony, punishable by death or imprisonment of one year or more;
- has been convicted of a crime listed in section 28.425b(7)(h) of the law within the past eight years, or a charge for any of the listed crimes is currently pending;
- has been convicted of a crime listed in section 28.425b(7)(i) of the law within the past three years, or a charge for any of the listed crimes is currently pending;
- has been acquitted of a crime by reason of insanity or mental illness; or
- the licensing board believes that it would be otherwise harmful to the safety of the applicant or others for the applicant to possess a concealed pistol based on clear and convincing evidence of repeated violations of this law, crimes, personal protection orders or injunctions, police reports or other clear and convincing evidence of the actions/ statements of the applicant.5
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 MCL §§ 750.224f(1); 750.224f(3)
2 MCL §§ 750.224f(2); 750.224f(4)
3 MCL §§ 750.224f(10)
4 MCL §§ 750.224f(5)
5 MCL § 28.425b(7)
How can I find out if the abuser has been convicted of a crime?
Misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so
To read more about the NICS, please see What will happen if the abuser tries to purchase a gun?
The Abuser Isn't Supposed to Have a Gun...Now What?
If the abuser's gun is taken away, what will happen to it?
In Michigan, any gun that is possessed illegally or used to commit a crime can be taken away (seized) by the police. The police agency that seized the gun can keep the gun for their own use, transfer it to a federally licensed firearms dealer, or transfer it to the Michigan State Police.1 If the gun is transferred to the Michigan State Police, they can auction off the gun, destroy it, or otherwise get rid of it. Before doing any of these, the Michigan State Police will issue a notice on their website for 30 days. Also, if the gun was stolen, the State Police will send a notice to the owner, if they know who the owner is. If the gun is not claimed during those 30 days, then it will be destroyed or disposed of.2
If the abuser is ordered to not possess firearms as part of your personal protection order, the clerk of the court is supposed to immediately notify the concealed weapon licensing board in the county where the abuser lives.3 However, it is not clear whether the abuser must give his/her firearms to law enforcement or if s/he can get rid of them in another way. You may want to ask the judge in your PPO case to clarify.
1 MCL § 750.239a
2 MCL §§ 750.239; 28.434
3 MCL § 600.2950(15)(d)
Who do I notify if I think the abuser should not have a gun?
If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the State Police. If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).
You can find contact information for sheriff departments in your area on our MI Sheriff Departments page.
You can find ATF field offices in Michigan on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our MI Advocates and Shelters page.
Note: Generally, a person does not have to have knowledge of the law in order to be arrested for violating the law. If the abuser has a gun or buys a gun in violation of the law, s/he can be arrested, whether or the abuser knows s/he was in violation of the law.1
1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What is the penalty for violating the firearm laws?
Anyone who owns, has, or buys a gun or ammunition in violation of Michigan’s firearm law can be punished by a fine of up to $5,000, prison time for up to five years, or both.1
Also, under Michigan state law, if there is a firearm restriction written into the terms of a personal protection order, the abuser can be held in contempt for violating that term (or any other term of the PPO). The punishment for contempt can be jail time of up to 93 days, a fine of up to $500, or both.2
1 MCL §§ 750.224f(5); 750.224f(6)
2 MCL § 600.2950(23)
What will happen if the abuser tries to purchase a gun?
Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.1 If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.
If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.
More Information and Where to Get Help
I do not have a PPO against the abuser, and s/he has not been convicted of any crime. Can s/he have a gun?
In Michigan, there can still be other reasons why a person cannot carry a concealed weapon aside from being subject to an active PPO or being convicted of a crime. Michigan state law says that a person cannot have a license to carry a concealed pistol if s/he:
- is under age 21;
- is not a US citizen or lawful permanent resident;
- has an extreme risk protection order issued against him/her;
- is subject to a court order regarding mental illness or competency - see section 28.425b(7)(d) of the law for more information;
- has been dishonorably discharged from the armed forces;
- has been subject to an order of involuntary commitment in a mental health center or is under an order of legal incapacity in any state;
- is currently diagnosed with a mental illness that includes an assessment that the individual presents a danger to himself/herself or others, regardless of whether or not s/he is receiving treatment for the mental illness;
- has been acquitted of a crime by reason of insanity or mental illness; or
- the licensing board believes that it would be otherwise harmful to the safety of the applicant or others for the applicant to possess a concealed pistol based on clear and convincing evidence of repeated violations of this law, crimes, personal protection orders or injunctions, police reports or other clear and convincing evidence of the actions/statements of the applicant.1
Additionally, in certain child abuse cases, a judge can order that the abusive person surrender his/her guns to a local law enforcement agency.2
If any of these fit your situation, please talk to an advocate in your area about how these laws are being enforced.
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact a local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our MI Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in Michigan, you can go to the Giffords Law Center website.
1 MCL § 28.425b(7)
2 MCL § 712A.13a(8)(b)
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can also contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2.
- You can contact a local domestic violence organization in your area - see our MI Advocates and Shelters page.
- You can write to our Email Hotline.