Gun Crimes in Michigan

Frequently Asked Questions About Gun Crimes in Michigan

What constitutes a gun crime in Michigan?

In Michigan, gun crimes cover a variety of illegal activities including unlawful possession, unauthorized carrying of weapons, brandishing firearms in threatening manners, and the use of firearms during the commission of other criminal acts. These offenses can range from misdemeanors to felonies, depending on the severity and circumstances surrounding the incident.

Can I carry a firearm in public without a permit in Michigan?

Michigan law permits the open carry of firearms without a permit, allowing individuals to carry visible firearms in public spaces. However, certain areas restrict open carry, including schools, government buildings, and other designated zones. Local regulations may also impose additional restrictions.

What are the requirements for obtaining a Concealed Pistol License (CPL) in Michigan?

In Michigan, individuals seeking to carry a concealed firearm must obtain a Concealed Pistol License (CPL). The application process for a CPL involves comprehensive background checks, completion of a state-approved training course, and payment of necessary fees. This multi-step procedure educates applicants about firearm safety and the legal responsibilities associated with it. Once issued, the license grants the holder the legal right to carry a concealed weapon in most public places, provided they adhere to regulations provided by law.

Can I carry a firearm in a Michigan vehicle?

In Michigan, individuals can carry a firearm in a vehicle, but specific regulations govern how it must be stored. For those without a Concealed Pistol License (CPL), the firearm must be safely secured in a case and not easily accessible within the vehicle. With a valid CPL, a firearm can be hidden inside the vehicle.

What is Michigan’s “Stand Your Ground” law?

Michigan’s “Stand Your Ground” law intersects with gun crimes in the state by outlining when individuals can legally use firearms in self-defense situations. Under this law, individuals are not required to retreat if they are confronted with a threat in a place where they have a legal right to be, such as their home, place of work, or public spaces. This provision allows for the use of deadly force, including firearms, if an individual reasonably believes they are in imminent danger of death or serious injury.

What should I do if I am charged with a gun crime in Michigan?

If faced with a charge related to a gun crime in Michigan, it is wise to seek the services of a skilled criminal defense attorney to protect your rights. An attorney can provide invaluable guidance and help you understand the specifics of your case and its potential consequences.

What are the new gun storage laws in Michigan?

Michigan has recently enacted several new laws to enhance public safety and regulate firearm ownership. These laws focus on safe storage, expanded background checks, and measures to prevent high-risk individuals from possessing firearms.

Michigan Safe Storage Law
Michigan’s new safe storage law requires gun owners to securely store firearms when minors are likely to be present in a home or premises. It includes ensuring guns are unloaded and locked with a proper locking device or stored in a secure container. The law, amended in 2023, targets to prevent accidental firearm deaths and injuries among children, which have become a growing concern within the state.

Expanded Background Checks
In Michigan, anyone purchasing any type of firearm is now required to undergo a background check. The expanded universal background check law broadened its scope by replacing the term “pistol” with “firearm,” ensuring checks are conducted for all guns, including rifles and shotguns. Previously, background checks were only mandatory for handgun purchases. The law does not retroactively require background checks for individuals who purchased non-pistol firearms before the new rules took effect.

Extreme Risk Protection Orders Act
Under Michigan’s Public Act 38, the Extreme Risk Protection Order Act (ERPO), also known as the “red flag law,” allows a judge to order law enforcement to seize an individual’s firearms if deemed a significant risk to themselves or others. If granted, the order prohibits the individual from possessing or purchasing firearms.

An ERPO can only be requested by specific individuals, such as:

• A spouse or former spouse
• Someone who shares a child with the respondent
• An individual in a current or past dating relationship with the respondent
• Someone residing or who has resided in the same household
• A family member
• A guardian
• Law enforcement officers
• Mental health professionals

Petitioners must provide evidence demonstrating the individual’s risk of causing harm by possessing a firearm. If the court authorizes the ERPO, it must establish a timeline for a hearing, the order’s issuance, and its service to the individual.