The law of weapons in Michigan governs the sale, possession, and use of firearms and ammunition in the US state of Michigan.
The State of Michigan has many laws about possession and carrying firearms. Generally, federal, state, and local law enforcement agencies, and their agents acting in official capacity, are exempt from Michigan firearms regulations. The Michigan Constitution of 1963, Article 1, Section 6 reads, "Everyone has the right to defend and bear arms for self-defense and the state."
A full list of Michigan firearms laws can be found in the publication "Firearms Laws of Michigan." This publication is dated October 2013 and does not reflect recent changes to the law.
Video Gun laws in Michigan
Summary table
Maps Gun laws in Michigan
"Firearms" is defined
The word 'firearm', unless specifically defined in law, includes any weapons that will be, designed for, or can be easily converted to expel projectiles with explosive action. "The Michigan Attorney General has ruled that the definition of" firearms "includes Taser.On August 6, 2012, under essentially the same law applicable to pistols in Michigan, private citizens may purchase and use Tasers (portable devices that use electro- technology interference muscle).
According to the Michigan State Criminal Code, pistols are defined as "loaded or unloaded firearms 26 inches long or less, or firearms loaded or unloaded which the construction and appearance conceal themselves as firearms"; A person who deliberately sells a gun without obeying MCL 28,422, guilty of minor offenses, may be sentenced to no more than 90 days in jail, or a fine of no more than $ 100.00, or both; Michigan KUHP pg. 386 Seconds. 223 (1). An 18-year-old can purchase a pistol legally from a private seller, but must obtain a purchase permit in advance for 30 days.
Purchase firearms
At the age of 18 years or older, it is legal to buy a gun with a purchase license from a private seller, at the age of 21 years, is legal to purchase firearms from a Federal licensed dealer (FFL). No purchase license is required to purchase a long weapon (firearms over 26 inches in length) in Michigan. Under state law, long weapons can be purchased by anyone 18 years of age or over who is not subject to restrictions based on criminal history, mental health history, or other disqualification factors. A person must be at least 18 years old to purchase a long gun from a federal dealer or a private seller under Michigan law.
Only Michiganians can buy a gun (which means a firearm of 26 inches or less) in Michigan. Any citizen can buy long weapons in Michigan and Michigan residents can purchase long arms in any state
NON-CPL Holders Only who buys a gun from a personal seller: Someone must apply to the local police or sheriff's department to obtain a purchase license before getting a gun from a private seller. The police authority will examine the criminal history of the applicant and to disqualify factors such as whether the person has been ordered to undergo unintentional mental health care or is subject to an arrest warrant for domestic violence.
As of December 18, 2012, no purchase permission is required for purchases from FFL Class 1 Dealers.
Private purchases will require a purchase permit that can be obtained at a police station or police office across the state.
The license to Purchase Pistol is valid for 30 days from private parties. Buyers and sellers must sign a license and each can save one copy for the recording. A person must return to the local police department within 10 days after purchasing a gun to return the remaining two copies of the license. Some agencies require all unused license-to-purchase forms to be returned to them for recording purposes.
CPL Holders: License to Purchase is not required for anyone who has a valid Michigan Concealed Pistol License even when buying from a personal seller. A person with a valid Michigan Concealed Pistol License must, however, complete a Sales Record Pistol when buying or buying a gun (http://www.michigan.gov/documents/ri-060_6454_7.pdf).
Pawnshops, used merchants, and thrift stores are not allowed to receive pistols at Pawn, and must be FFL dealers to buy & amp; sell.
Hidden bring
The hidden Michigan concealment law is "must be published", meaning that anyone aged 21 years or older may obtain a license to carry a concealed pistol, as long as the person is not barred from possessing a firearm, has not been proven guilty of a crime or a crime certain. within a period of 3 or 8 years depending on costs, and has completed state-approved firearms training. Hidden Pistol License Holder (CPL) is not required to obtain a license to buy a gun; However, they must meet the registration requirements (note the sale of pistol acquisition). Under Michigan law, carrying a pistol hidden under the CPL is an implied permit for chemical testing for illegal drugs or alcohol; and is strictly prohibited for someone with a hidden gun license to carry a gun when under the influence of drugs or alcohol.
Persons licensed to carry hidden pistols by Michigan or other states are prohibited from carrying hidden pistols in the following places: school or school property, public or private daycare centers, public or private childcare agencies, or institutions where public or private children , sports arena or stadium, a store where the main source of income is the sale of alcoholic beverages by glass consumed on-site, any property or facility owned or operated by churches, synagogues, mosques, temples or other places of worship. , unless the lead official allows hidden weapons, entertainment facilities known or known to a person having a seating capacity of 2,500 or more, hospitals, dormitories or classrooms of colleges, colleges, or universities, and casinos. "Premises" does not include the parking area of ​​the places listed above. Openly carrying firearms by CPL holders in most of these locations is generally legitimate.
The state requirement to obtain a Hidden Pistol License in the State of Michigan
1. Be at least 21 years old
2. Be a citizen of the United States or a legitimate foreigner in the United States
3. Be a resident of the State of Michigan at least 6 months prior to the application. An applicant is a resident of the country if any of the following apply. The applicant has a valid driver's license or state identity card. Applicants are legally registered to vote in Michigan. The applicant is in active duty status with the United States Armed Forces and is stationed outside Michigan, but Michigan is home in record. The applicant is in active duty status with the United States Armed Forces and permanently stationed in Michigan, but the record house is another country.
4. Have successfully completed the safety training course of the gun
5. Not subject to the following. An order requiring hospital treatment or alternative treatment forcibly. An order discovers legal inability. An innocent finding by reason of insanity.
6. It does not have to be subject to the release of conditional bonds that prohibit possession of firearms
7. Not subject to the Personal Protection Order (PPO)
8. Not prohibited to own, use, transport, sell, carry, send, receive, or distribute firearms under MCL 750.224f
9. Have never been convicted of a crime in Michigan or elsewhere
10. No crime charges are pending in Michigan or elsewhere
11. Have not been dismissed in disrespect by the United States Armed Forces
12. Never been convicted of any of the following minor offenses in the last eight years just before the enrollment date: Failed to stop while involved in personal injury accident, MCL 257.617a, Operation while intoxicated, deliberate, MCL 257.625 (9) (b) Drivers in a drunken state, commercial vehicles, MCL 257.625m (4), reckless driving, MCL 257,626
13. Has never been punished for any of the following offenses within three years prior to the date of registration: Operating under influence, MCL 257.625, Embezzlement, MCL 750.174, Larceny MCL 750.365, Malicious damage to stolen property, MCL 750.377a, Retail fraud rate second, MCL 750.356d
14. Have not been found guilty of any crime and have not filed a plea of ​​not guilty, or been released, of any crime by reason of any madness.
15. Never subject to involuntary commitment commands in inpatient or outpatient settings due to mental care
16. Have no mental illness diagnosed at the time the application is made, regardless of whether he or she receives treatment
17. Not under a court of law disability order in this country or elsewhere
18. Not harming the safety of himself or others
- As released by the Michigan State Police "Concealed Pistol License Guide" RI-012 (02/2009)
The gun must be seized immediately if the CPL license holder carries a hidden pistol in the "free gun" area. Open carrying with CPL in the "gun-free" area set by country is legal. Please refer to the opinion of Michigan AG No. 7097 and Michigan State Police Law Reform # 86.
A person who is licensed to carry a concealed pistol stopped by a police officer (stop traffic or not) while in possession of a hidden pistol should immediately disclose to the police officer that he is carrying a hidden pistol either on the person or inside it. their motor vehicles.
On March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court: "Weapons are not allowed in courtrooms, offices, or other spaces used for official court business or by court employees unless the chief judge or other person appointed by the presiding judge has give prior approval in accordance with the written policy of the court. "
There are several places where an open carry is expressly prohibited by federal or state law. Removing firearms remains illegal in many cities and city charter (and such regulations are not superseded by state law). In addition, there are laws governing how firearms can be transported in motor vehicles, which must be followed. By strict provision, the criminal prohibition in article 227 (2) does not apply to a person who has permission to carry a gun, provided that the gun is carried in a manner or place consistent with any restriction on the license. This conclusion is further substantiated by article 425c (2) Hidden Pistol License Act, MCL 28.425c (2), which expressly endorses hidden gun licenses for "[c] arry pistols in vehicles, whether hidden or hidden, anywhere in this country. "In addition, section 231a (1) (a) of the Criminal Code, MCL 750.231a (1) (a), states that the prohibition of carrying a gun hidden in a motor vehicle does not apply to a person holding a valid license to carry. hidden pistol, provided that the gun is carried out in accordance with any limitations that appear on the license. A person who is not licensed to carry a concealed pistol should keep the gun in a lockable box safely stored in the trunk beyond the reach of the weapon or if the motor vehicle has no baggage, then the gun must be placed safely in a box specially designed for carry a firearm in it which can be locked in view of this, or with a specified sheath disassembled with the gun itself in view and a separate magazine having one or the other, or both locked in the glove drawer and or furthest in the rear seat of range of weapons.
No one is permitted to carry a firearm, hidden or openly, to a prison facility property, under a law prohibiting weapons that can help escape prisoners. If an open person, who is not on their private property, puts a coat on his gun or hides it, even for a while, and he does not have a hidden gun license, he has committed a crime of carrying a hidden weapon without a license. The Michigan Attorney General has issued an opinion stating that an open carry is not considered suspicious of a crime, but no Michigan court decision is definitively in charge at this point. In addition, the Michigan Attorney General has expressed the opinion that "a reserve police officer" carrying a visible and holed gun does not raise it or disturb the peace. Michigan had previously not allowed the possession of NFA firearms, although the Attorney General had issued an opinion, 7183, which allowed machine guns to be legally transferred to Michigan residents who complied with federal law. Opinion 2011 by Attorney General Bill Schuette allows ownership and transfer of pressure in Michigan. Armor-piercing ammunition for pistols is illegal in Michigan.
Michigan prohibits the possession of Tasers or pistols by citizens, unless they have a hidden gun license, and have taken the right Taser safety course.
See also
- Michigan Law
References
Source of the article : Wikipedia
0 Comments