New Gun Laws 2024

New Michigan Gun Laws Effective Tuesday February 13, 2024

Handgun Training Specialists 248-309-9579

2-6-2024

Michigan Gun Laws Effective Tuesday, Feb. 13, 2024

MICHIGAN—Legislation signed into law last year by Gov. Gretchen Whitmer aims to make Michigan a safer place—namely by ensuring that guns are kept out of the hands of children and teenagers, and requiring background checks be completed before all firearm purchases. Those laws (and more) will officially take effect on Tuesday, Feb. 13, 2024 . And that means some Michiganders—especially parents and others with children living in their homes—will soon need to make some changes to the way they’ve been securing and storing their guns. Safe Storage Michigan’s new safe storage laws (Senate Bill 79 and Senate Bill 80) enact requirements for Michiganders who store or leave their firearm unattended on any property—including in their own home—when they “reasonably know” that a minor (under 18 years old) is likely to be present on the property. Specifically, the new law requires Michigan gun owners to keep their firearms either stored in a locked box or locked container or kept unloaded and locked with a trigger lock . When a person stores or leaves a firearm unattended on someone else’s property and they reasonably know that a minor is likely to be on the premises, gun owners also have the added option to store the gun in a locked vehicle , either in a locked box or locked with a trigger lock. The new laws include a range of criminal penalties for those who fail to secure guns which later end up in the hands of children—starting with a 93-day misdemeanor and escalating to a potential 15-year felony if the unsecured gun is used to kill another person. New Background Checks The signing of House Bills 4138 and 4142 closed a loophole in state law that had allowed people to purchase rifles and long guns without first undergoing a background check. The new law requires Michiganders to obtain a license before they can purchase a rifle or long gun , which mirrors the process that’s currently in place for pistols and means that background checks will be required for all gun purchases . Those who already own rifles will not need a background check—but anyone who inherits them will need to get licensed. Borrowing a long gun for the purpose of target shooting or hunting does not require any permits or background checks. Under the new law, family members can also no longer give a long gun to another family member unless the person receiving the gun first gets a background check.

Extreme Risk Protection Orders Additional legislation signed by Whitmer is designed to help prevent a person in distress or crisis from using a firearm to inflict harm—namely by allowing judges to sign court orders to have guns temporarily confiscated from those deemed to be a danger to themselves or others. Specifically, the laws create a legal mechanism in which dating partners, spouses, family members, roommates, cops, health care providers, and mental health professionals can petition a court to have a person’s firearms temporarily removed from their possession . Under the law, judges will be able to enter emergency, short-term orders to remove guns after receiving evidence that the person poses an immediate risk. Afterwards, they must hold a hearing to review the evidence for and against issuing a longer-term firearm removal order. According to a legislative analysis, the risk protection orders are not designed to take firearms away from gun owners who aren’t dangerous or in distress. They are also designed to only have a limited duration that can only be extended by a judge after another evidentiary hearing is held. Domestic Violence Laws Legislation that aims to strengthen protections for survivors of domestic violence is also set to take effect in February after being signed into law by Gov. Gretchen Whitmer in November. The new laws bar those convicted of domestic violence from buying, owning, or transporting a gun for a period of eight years after their sentence . It’s an expansion to the current law, which only bars those convicted of felonies from possessing or buying a gun.

Michigan Firearm Purchase Process { Effective Feb. 13, 2024)

Terms used in this document : (FFL) Federal Firearm License Gun Dealer– (MSP) Michigan State Police (NICS) National Instant Criminal Background Check System – (CPL) Concealed Pistol License (PD) Police Department (SO) Sherrif’s Office - (MCOLES) Michigan Commission on Law enforcement Standards – (LEIN) Law enforcement Information Network- (NCIC) FBI National Criminal Information Center- (LTP) Michigan License to Purchase – (MiPISTOL) MSP pistol data base. Long-gun: Purchase directly from seller (i.e., Federal Firearm License (FFL) or private party). SOM/MSP/local law enforcement is not involved if purchasing from an FFL . If seller is FFL: • FFL will initiate a NICS check. • FBI NICS completes a background check and responds PROCEED, DENY, or DELAY. • If PROCEED, FFL proceeds with sale. • FFL completes and provides a copy of the Firearms Sales Record (FSR) to the purchaser. • Registration is not required for non-pistol (i.e., Over 26 inches in length). If seller is private party and purchaser holds a valid Concealed Pistol License {CPL), Michigan Commission on Law Enforcement Standards (MCOLES) or Federal Firearms License (FFL) number: • No background check is conducted. • Seller fills out the FSR with Purchaser/Seller/Firearm information and provides a copy to purchaser. • Registration is not required for non-pistol (i.e., Over 26 inches in length). If seller is private party and purchaser does not possess a valid CPL, MCOLES or FFL: • Purchaser applies for a License to Purchase a Firearm {LTP) from local PD/SO. • Local PD/SO conducts background check through LEIN (to include NICS and NCIC) and APPROVES or DENIES. • If APPROVED, Purchaser proceeds to make purchase with private party within 30 days of LTP issuance. • Seller fills out the LTP with Seller/Firearm information and provides a copy to purchaser. • Registration is not required for non-pistols (i.e., Over 26 inches in length).

Handgun/pistol (MCL 28.422/422a): Purchase from Federally Licensed Firearm dealer (FFL). If purchaser holds a valid CPL, MCOLES or FFL: • FFL will initiate a NICS check. • FBI NICS completes a background check and responds PROCEED, DENY, or DELAY. • If PROCEED, FFL proceeds with sale. • FFL completes and provides a copy of the FSR to the purchaser. • FFL returns the law enforcement copy of FSR to their (FFL's) law enforcement jurisdiction {PD/SO) within 10 days. • PD/SO enters pistol information into MiPistol and mails the FSR to MSP Firearms Records Unit (FRU). If purchaser does not possess a valid CPL, MCOLES or FFL : Purchaser applies for LTP from local PD/SO • Local PD/SO conducts background check through LEIN (to include NICS and NCIC) and APPROVES or DENIES. • If APPROVED, Purchaser proceeds to FFL to make purchase within 30 days of LTP issuance. • FFL may also initiate a NICS check.  FBI NICS completes a background check and responds PROCEED, DENY, or DELAY.  If PROCEED, FFL proceeds with sale.

• FFL completes and provides a copy of the LTP to the purchaser. • FFL returns the LTP to the Licensing Authority within 10 days. • PD/SO enters pistol information into MiPistol and mails LTP to MSP FRU.

Purchase from private party. If purchaser holds a valid CPL, MCOLES or FFL: • The seller fills out the FSR with Purchaser/Seller/Firearm information and provides a copy to purchaser. • Seller returns the law enforcement copy of FSR to their (seller's) law enforcement jurisdiction {PD/SO) within 10 days. • PD/SO enters pistol information into MiPistol and mails the FSR to MSP Firearms Records Unit (FRU). If purchaser does not possess a valid CPL, MCOLES or FFL: • The purchaser applies for LTP from local PD/SO. • Local PD/SO conducts background check through LEIN (to include NICS and NCIC) and APPROVES or DENIES. • If APPROVED, Purchaser proceeds to make purchase with private party within 30 days of LTP issuance. • Seller fills out the LTP with Seller/Firearm information and provides a copy to purchaser. • Seller returns the LTP to the Licensing Authority within 10 days. • PD/SO enters pistol information into MiPistol and mails LTP to MSP FRU.