In 1963, the current Constitution of Michigan was approved by voters. According to the current version of the constitution, “Every person has a right to keep and bear arms for the defense of himself and the state.” However, the gun laws of Michigan are a bit more complex than that.
If you are a gun owner or are looking to become one, it is critical that you are aware of the laws surrounding the ownership and use of firearms in the state. Learn more about Michigan’s gun laws and ensure that you handle these weapons in a safe and responsible manner.
What Is the Age Requirement for Purchasing a Firearm in Michigan?
Adults who are at least 18 years of age can buy a handgun from a private seller with a purchase license and buy a long gun from a dealer with a Federal Firearms License (FFL) or private seller. Adults who are at least 21 years old can buy either a handgun or a long gun from an FFL dealer.
Your Fight Is Our Fight
Is Concealed Carry Legal in Michigan?
Michigan is considered a “shall issue” state, which means a person who is at least 21 years of age and who has been a resident of the state for at least six months may obtain a license to carry a concealed handgun.
However, there are limitations to this right. For instance, it does not apply if the individual is prohibited from owning a gun, has been convicted of a specific misdemeanor or felony charge within three or eight years, has been diagnosed with a mental illness, or is subject to a restraining order.
Additionally, before you can be issued a concealed carry license, you must receive firearm training approved by the state.
Where Don’t Concealed Carry Permits Apply?
A concealed carry permit allows the owner to carry a concealed firearm with them in public. However, there are many areas in which these permits do not apply. Areas where concealed firearms are prohibited include:
- Schools (although parents or legal guardians may carry them while dropping off or picking up their children)
- Colleges, including dorms
- Daycare centers
- Courtrooms
- Sports stadiums
- Establishments that are dependent on alcohol sales
- Places of worship
- Entertainment venues that seat at least 2,500 people
- Hospitals
- Other places that restrict concealed carry based on federal laws
While concealed firearms are allowed in most other areas, unless you are on private property, you will have to obtain a concealed carry permit in order to legally carry a concealed weapon.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Is Open Carry Legal in Michigan?
While open carry is legal in Michigan, there are certain restrictions on this right. For example, if you do not have a concealed carry license, you cannot open carry at an establishment that sells alcohol or inside a vehicle. Additionally, your gun needs to be registered in your name to open carry.
You will always work directly with your attorney throughout your case.
What Happens if You Carry a Concealed Firearm Without a License?
Carrying a concealed weapon outside your property without a license to do so is a felony offense. If you are convicted of this crime, the punishments can be severe and include:
- A prison sentence of up to five years
- A fine of up to $2,500
- Felony probation
What Happens if You Carry a Concealed Firearm While Intoxicated?
Mixing alcohol and firearms can be incredibly dangerous. According to Michigan law, a person who has a concealed carry license automatically consents to implied consent, similar to what happens when you obtain a driver’s license.
The punishment for carrying a concealed firearm while intoxicated varies, depending on your blood alcohol concentration (BAC) at the time.
BAC Between .02 and .07
If you have a concealed carry permit and are found with a BAC between .02 and .07 while carrying a concealed firearm, you could face a fine of up to $100 and revocation of your concealed carry permit for up to one year.
BAC Between .08 and .09
If you have a concealed carry permit and are found with a BAC between .08 and .09 while carrying a concealed firearm, you are guilty of a misdemeanor offense. Punishment for this offense could come in the form of:
- A jail term of up to 93 days
- A fine of up to $100
- Revocation of your concealed carry permit for up to three years
BAC of .10 or higher
If you have a concealed carry permit and are found with a BAC between .08 and .09 while carrying a concealed firearm, you are guilty of a misdemeanor offense. Punishment for this offense could come in the form of:
- A jail term of up to 93 days
- A fine of up to $100
- Permanent revocation of your concealed carry permit
What Happens When a Felon Carries a Firearm?
Felons are barred from using or possessing firearms. If a felon is found with a firearm in their possession, they can be charged with a felony offense. The penalties for a felon carrying a firearm include:
- A prison term of up to five years
- A fine of up to $5,000
- Felony probation
Follow Michigan Gun Laws to Protect Yourself and Others
Michigan gun laws are designed to promote safe and responsible gun ownership and use. If you own or use a gun, it is critical that you learn the laws surrounding firearms in Michigan. Failure to follow these laws will not only endanger you and those around you but could also result in legal consequences that could affect the rest of your life. If you have any questions, contact our Okemos personal injury attorneys today.
We’re Experienced. We Care.
We Exceed Client Expectations.
