Rights and Responsibility Weapons Study Guide

Rights and Responsibility Weapons Program

Designed and Produced for Michael Rutan

Handgun Training Specialists 248-309-9579 1-15-2024

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mdrutan@gmail.com

We respect your work and sleep time! What is the best time to call you? Please check all that apply. Check The box below that best describes the training you are required to complete. The training will be part of your court mandated probation reguirments. Did your offence include the use of any of the following weapons?

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Rights and Responsibility Weapons Program

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Assault, Brandishing

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Rights and Responsibility Weapons Program What is a weapon?

A “weapon” can be almost anything, a hammer, club, rock, or your fists. Some come under Michigan State law and some if you choose to use them as a weapon. This program is designed to show and explain your rights and responsibility regarding weapons and the law. These weapons usually include firearms, pepper spray, tasers, knives. Most anything can be a weapon if there is an intent to use it as a weapon. A hammer, club, rock, or your fists. The laws regarding firearms and weapons are found in "The Firearms Laws of Michigan". This is a 250-page manual produced by the Michigan depart of State Police for the citizens of Michigan. The manual is reissued about every 3 years with new content as required. It is not unusual that people with the best intentions may not know where to find, interpret and apply the laws and procedures necessary to legally own and use various weapons. The laws are layered in local ordinances, state law and federal law including the ATF. This training guide has consolidated the need-to-know information in an easy to- use document with support documents and links to the most used websites.

Content Sections:

Click to link process- Section links are labeled blue in the TOC and Manual. Table of content sections are linked to the section in the manual. Use this process to between TOC and manual section.

80 page document with 14 section

1. Weapons and The Laws

2. Select Michigan Complied Laws

3. The control Layers of Gover n ment En forcement

4. Ownership Purchase and Possession

5. Firearms and Marijuana

6. 2024 New Michigan Gun Laws

7. Safe Storage

8. Michigan Use of Deadly Force and Self Defense

9. Firearms Laws and the Distribution Process

10. Introduction to Legal Updates and resource guide

11. Federal Laws and ATF

12. General Review of Laws and Concepts

13. Instructor and Training Locations 14. Probation Officer/Agent Contact List

001

Weapons and The Laws

Michigan state law prohibits the carrying of a concealed weapon, including knives, without a permit. The only weapons permit issued is for a Michigan Concealed Pistol License. The only weapons that can be carried under the CPL license are a handgun and a taser.

002

Weapons Laws Table of Contents Weapons and Pistols Concealed and open carry Concealed Carry VS Open Carry Open carry of firearms Taser Firearms and Pneumatic guns Pepper Spray Knives

003

Weapons and Pistols Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged non - folding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person , (except in his or her dwelling house, place of business or on other land possessed by the person.) Concealed Pistol A person shall not carry a pistol concealed on or about his or her person , or, whether concealed or otherwise, in a vehicle operated or occupied by the person , (except in his or her dwelling house, place of business, or on other land possessed by the person), without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license. A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500 .00. Concealed Carry VS Open Carry The carrying of a pistol in a holster or belt outside the clothing is not carrying a concealed weapon. Carrying a pistol under a coat is carrying a concealed weapon. Op. Atty. Gen. 1945, O-3158. According to the Court of Appeals in People v. Reynolds, a weapon is concealed if it is not observed by those casually observing the person as in the ordinary course and usual association of life. Open carry of firearms In Michigan, it is legal for a person to carry a firearm in public if the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm. While it is legal for a non-CPL holder to open carry a pistol the person cannot open carry a pistol in the interior of a vehicle. The person must remove the pistol and place the unloaded gun in a suitable container as required by pistol transportation rules. A CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed. A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder. If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing. While open carry is legal it is generally not well accepted by the public In today’s society.

004

Taser Age 21 years old Possesses a Michigan Concealed Pistol License Purchase taser approved in Michigan

Taser can be purchased from a dealer or person Receive approved training for a dealer or person Must be registered with the manufacturer Comes under same laws and restrictions as a concealed pistol license

CRIMINAL LAW Tasers August 13, 2012 Michigan Penal Code and Firearms Act amended to allow for possession and reasonable use of Tasers by Michigan Concealed Pistol License holders. MCL 750.224a (2)(b) allows the possession and reasonable use of a device that uses electro-muscular disruption technology (EMD device) by a Michigan Concealed Pistol License (CPL) holder who has been trained in the use, effects, and risks of the device. Reserve peace officer, as defined in MCL 28.421, was added to the definition of peace officer in MCL 750.224a(7)(c), therefore, a reserve peace officer may possess and use an EMD device in performance of his or her duties. MCL 750.224a ( 6) prohibits all persons, including peace officers, who are allowed to possess and use an EMD device from using the device against another person except under circumstances that would justify the person’s lawful use of physical force. Violation of this section is punishable as a two-year misdemeanor. MCL 750.224a ( 5) requires an authorized dealer or other person who sells an EMD device to a Michigan CPL holder to verify the person’s identity and verify that the person holds a valid Michigan CPL. The dealer or seller must provide the Michigan CPL holder with training on the use, effects, and risks of the EMD device at the time of sale. Note, to qualify as an EMD device, MCL 750.224a(7)( a) requires that the device contain an identification and tracking system that when the device is initially used, dispenses coded material traceable to the purchaser through records kept by the manufacturer, and the manufacturer of the device has a policy of providing that identification and tracking information to a police agency upon written request by that agency (e.g., Taser). Therefore, devices that do not dispense this material are n ot lawful to possess (e.g., stun guns, stun batons, stun canes, stun flashlights). Public Act 123 of 2012 amended various sections of the Firearms Act that apply to a CPL holder when carrying a concealed pistol to also apply when the CPL holder is carrying an EMD device. Violations are punishable by the listed penalties that apply to carrying a concealed pistol under the same circumstances.

005

MCL 28.425f was amended to require the following of a CPL holder when he or she is carrying an EMD device: • T he CPL holder shall have his or her CPL in possession at all times he or she is carrying the EMD device. • The CPL holder shall show his or her CPL and driver license or Michigan personal identification card to a peace officer upon request. • When carrying a concealed EMD device, the CPL holder shall immediately disclose to the peace officer that he or she is carrying an EMD device concealed upon his or her person or in his or her vehicle. MCL 28.425f(7) provides an EMD device carried in violation of the above disclosure and identification provisions is subject to immediate seizure in the same manner for concealed pistols . MCL 28.425g subjects an EMD device carried in violation of the Firearms Act to seizure and forfeiture in the same manner for concealed pistols. MCL 28.425k prohibits a CPL holder from carrying an EMD device while under the influence of alcoholic liquor or a controlled substance or while having any bodily alcohol content of .02 or more. A peace officer who has probable cause to believe the CPL holder is carrying an EMD device in violation of this section may require the person to submit to a chemical analysis of his or her breath, blood, or urine in the same manner pertaining to persons suspected of carrying a concealed pistol under the same conditions. This section does not prohibit a CPL holder who has any bodily alcohol content from transporting the EMD device: I n the locked trunk of his or her motor vehicle or a vehicle in which he or she is a passenger. If the vehicle does not have a trunk, the EMD device may be transported in a locked compartment or container. MCL 28.425o prohibits a CPL holder, unless exempt, from carrying an EMD device on the premises listed in MCL 28.425o(1) (e.g., school, stadium, hospital). CPL holders who are court officers were added to the list of people who may carry a concealed pistol or an EMD device on the prohibited premises listed in MCL 28.425o(1) and (2).

.

006

(“felony firearm”) A person who carries or possesses a pneumatic gun and uses it in furtherance of committing or attempting to commit a felony, except a violation of MCL 750.223, 750.227, 750.227a, or 750.230, is guilty of a two-year felony with increasing penalties for second or subsequent offenses. MCL 750.227b(2) Transporting a loaded firearm or pneumatic gun in a vehicle Except as otherwise permitted by law, a person shall not transport or possess either of the following in or upon a sailboat, motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means: • A firearm, other than a pistol that is loaded. • A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber. A person who violates this section is guilty of two-year misdemeanor. MCL 750.227c A person shall not, with intent to use the same unlawfully against the person of another, go armed with a pistol or other firearm, or a pneumatic gun, dagger, dirk, razor, stiletto, or knife having a blade over three inches in length, or any other dangerous or deadly weapon or instrument. A person who violates this section is guilty of a five-year felony. MCL 750.226 Possession of a pneumatic gun in furtherance of a crime CRIMINAL LAW NO. 117 - Firearms and Pneumatic guns July 1, 2015 Amendments to the Firearms chapter of the Michigan Penal Code related to firearms and pneumatic guns. Public Act 26 of 2015 amended various sections of the Firearms chapter of the Michigan Penal Code related to firearms and pneumatic guns. Definitions As a result of the amendments, the following terms have the following meaning for purposes of the Firearms chapter of the Michigan Penal Code: “Brandish” means to point, wave about, or display in a threatening manner with the intent to induce fear in another person. MCL 750.222(c) “Firearm” means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. Previously, the definition of “firearm” included weapons that propelled a dangerous projectile by gas or air. MCL 750.222(e) “Pneumatic gun” means any implement, designed as a gun, that will expel a BB or pellet by spring, gas, or air. Pneumatic gun includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. MCL 750.222(g) Pneumatic guns added to weapons-related violations. Carrying a pneumatic gun with unlawful intent

007

Transporting an unloaded firearm or a pneumatic gun in a vehicle Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following: • A firearm, other than a pistol, or • A pneumatic gun that expels a metallic BB or metallic pellet greater than .177, unless the firearm or pneumatic gun is one or more of the following:

• Taken down. • Enclosed in a case. • Carried in the trunk of a vehicle. • Inaccessible from the interior of the vehicle.

A person who violates this section is guilty of a 90-day misdemeanor. MCL 750.227d Pneumatic guns and “weapon free school zones” MCL 750.237a(6)(d) was amended to provide that the term “weapon” for purpose of the weapon free school zones includes, but is not limited to, a pneumatic gun. Summary In Michigan you must be 18 years old to purchase a BB gun, air gun, air rifle or pellet gun. Pneumatic and spring-loaded guns are not classified as firearms under state and federal laws and therefore do not require a permit to purchase and do not require registration. Store does not need to be a gun shop and sold by a gun dealer. The guns can usually be found on a store shelf not behind a gun counter. The seller does not need to have a FFL federal firearms license. Guns can be sold person to person

008

Pepper Spray 18 years old 18 percent OC Self Defense use:

A person in the protection of a person or property under circumstances that would justify use of physical force if the solution contains not more than 18 percent OC or contains not more than 18 percent OC and an ultraviolet dye.

NO. 132 August 23, 2018 Pepper Spray

Public Act 98 of 2018 amended the definition of “self- defense spray or foam device” under MCL 750.224d. The maximum amount of allowed OC was changed from a solution containing not more than 10 percent OC to a solution containing not more than 18 percent OC. Also, Public Act 98 added to the definition of “self-defense spray or foam device” a solution containing an ultraviolet dye that is not more than 18 percent OC. Officers are reminded that using a self-defense spray or foam device to eject, release, or emit orthochlorobenzalmalononitrile or OC at another person is guilty of a misdemeanor. MCL 750.224d(2). However, MCL 750.224d(5), as amended, provides an exception for the following individuals’ “reasonable use” of a self-defense spray or foam device: • An employee of a county sheriff or chief of police who has prior written authorization and training on its use, effects, and risks, while performing official duties, if the solution contains not more than 18 percent OC. • A person in the protection of a person or property under circumstances that would justify use of physical force if the solution contains not more than 18 percent OC or contains not more than 18 percent OC and an ultraviolet dye.

009

Knives

Michigan state law prohibits the carrying of a concealed weapon, including knives, without a permit. However, there are several exceptions for lawful purposes, such as hunting, self defense, and collecting. The only weapons permit issued is from a Michigan Concealed Pistol License. The only weapons that can be carried under the CPL license are a handgun and a taser. Here are some of the key points of Michigan knife laws. • It is illegal to carry with unlawful intent a dirk, dagger, razor, stiletto, or a knife with a blade longer than three inches. • You can open carry all legal knives as long as you do not have the intention to harm others. • You can carry a hunting knife, open or concealed, as long as it’s adapted and carried as such. • It’s illegal to conceal to carry a double-edged non-folding stabbing instrument of any length, or any other dangerous weapon on or about a person, except in their dwelling house, place of business, or on other land possessed by the person. • Common folding knives, such as pocketknives and Swiss Army knives, are legal to carry and possess in Michigan if they are not used with the intent to commit a crime.

Update NO. 130 November 21, 2017 CRIMINAL LAW

The Michigan Penal Code amended to repeal the crime of possession of a mechanical knife Public Act 96 of 2017 repealed MCL 750.226a of the Michigan Penal Code to eliminate the prohibition on possession of a knife solely because it has the appearance of a pocketknife but can be opened by the flick of a button, pressure on a handle, or other mechanical contrivance. Officers are reminded that unless exempt under MCL 750.231, a person with a “mechanical knife” may still be arrested for carrying a concealed weapon pursuant to MCL 750.227 if that knife could be classified as a “dagger, dirk, stiletto, or double edged non-folding stabbing instrument of any length.” However, the fact that the knife is “mechanical” is irrelevant to that offense. Officers are similarly reminded that a person with a “mechanical knife” may still be arrested for carrying a weapon with unlawful intent under MCL 750.226 if that knife could be classified as a “dagger, dirk, razor, stiletto, or knife having a blade over three inches in length” and is carried with the intent to use it unlawfully against the person of another. However, the fact that the knife is “mechanical” is irrelevant to that offense.

010

Michigan Compiled Laws - Firearms and Weapons

Selected laws

Michigan state law prohibits the carrying of a concealed weapon, including knives, without a permit. However, there are several exceptions for lawful purposes, such as hunting, self defense, and collecting . The only weapons permit issued is from a Michigan Concealed Pistol License. The only weapons that can be carried under the CPL license are a handgun and a taser. Here are some of the key points of Michigan knife laws . • It is illegal to carry with unlawful intent a dirk, dagger, razor, stiletto, or a knife with a blade longer than three inches. • You can open carry all legal knives as long as you do not have the intention to harm others. • You can carry a hunting knife, open or concealed, as long as it’s adapted and carried as such. • It’s illegal to conceal to carry a double-edged non-folding stabbing instrument of any length, or any other dangerous weapon on or about a person, except in their dwelling house, place of business, or on other land possessed by the person. • Common folding knives, such as pocketknives and Swiss Army knives, are legal to carry and possess in Michigan if they are not used with the intent to commit a crime. 750.226 Firearm or dangerous or deadly weapon or instrument; carrying with unlawful intent; violation as felony; penalty. Sec. 226. (1) A person shall not, with intent to use the same unlawfully against the person of another, go armed with a pistol or other firearm, or a pneumatic gun, dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument. (2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00. History: 1931, Act 328, Eff. Sept. 18, 1931;CL 1948, 750.226;—Am. 2015, Act 26, Eff. July 1, 2015. 750.227 Concealed weapons; carrying; penalty. Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfading stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person. (2 ) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person , except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided the pistol in a place or manner inconsistent with any restrictions upon such license.

011

Assault with a weapon Assault with a weapon is a felony punishable by up to four years in prison and a $2,000 fine. A weapon can be a firearm, knife, iron bar, club, brass knuckles, or another dangerous weapon. Committing this offense in a weapon-free (K-12) school zone increases the possible fine to $6,000 and also carries the possibility of 150 hours of community service. This crime does not require any resulting harm. Placing a person in fear of harm by brandishing a weapon is enough. (Stiffer penalties apply if the person intended to cause great bodily harm or death (see below).) (Mich. Comp. Laws § 750.82 (2023).) Felonious Assault with a Weapon 750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions. Sec. 82. (1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than 4 years. (b) Community service for not more than 150 hours. (c) A fine of not more than $6,000.00. Rendered Tuesday, January 2, 2024 Brandishing Brandishing (public) "to point, wave about, or display in a threatening manner with the intent to induce fear in a reasonable person." "Illegal display of a firearm" Brandishing is a misdemeanor punishable by up to 90 days in jail. Examples of brandishing include the following: Concealed to open carry for reasons other than self- defense (Note: accidental exposure is technically not brandishing, but every effort should be made to avoid this.) Waving in the air for no reason Any gestures that demonstrates the threat of firearm use when not legally justified. Aiming at someone with intent to scare - Felony Assault with a gun charge, mandatory 2-year prison sentence.

012

750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty. Sec. 234e. (1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public. (2) Subsection (1) does not apply to either of the following: (a) A peace officer lawfully performing his or her duties as a peace officer. (b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974. (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both. 750.233 Pointing or aiming firearm at another person; misdemeanor; penalty; exception; “peace officer defined.” Sec. 233. (1) A person who intentionally but without malice points or aims a firearm at or toward another person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, “peace officer” means that term as defined in section 215. (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, “peace officer” means that term as defined in section 215. 750.529 Use or possession of dangerous weapon; aggravated assault; penalty. Sec. 529. (1) A person who engages in conduct proscribed under section 530 and who in the course of engaging in that conduct does any of the following is guilty of armed robbery: (a) Possesses a dangerous weapon. (b) Possesses an article used or fashioned in a manner that would cause a reasonable person to believe the article is a dangerous weapon. Open carry of firearms In Michigan, it is legal for a person to carry a firearm in public if the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm. While it is legal for a non-CPL holder to open carry a pistol the person cannot open carry a pistol in the interior of a vehicle. The person must remove the pistol and place the unloaded gun in a suitable container as required by pistol transportation rules. A CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed. A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder. If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing. While open carry is legal it is generally not well accepted by the public. In today’s

013

Government - Control Layers of Enforcement

Federal Government including ATF: x The Interstate purchase, sale and transportation of firearms x Federally licensed Gun Dealers State Government : x State law regarding the purchase, sale and transportation of firearms. x Concealed pistol laws

Local Control Generally, ordinances that control the discharge of firearms. Such as where, when and how

shooting is controlled in a local jurisdiction. Local Firearms Control and Management Local Control is usually managed by 2 methods

1. A local ordinance established by local government such as county, city, andtownship. Ordinance laws are enforced by the controlling a agencies police department and the DNR if it impacts their laws (such as hunting) 2. Private Property ownership Private property is owned by somebody and it is the gun owner’s responsibility to who controls the land and if you can enter and target practice. Private property can be posted for many reasons, and use signage such as, No Trespassing, No Shooting, No Hunting. Do not enter. Disregarding the signs can result in trespassing and other possible charges. Those wanting to shoot on private property are required to get permission for the owner whether posted or not. Shooting Ranges: 3XEOLF 5DQJHV DUH SULYDWHO\ RSHUDWHG UDQJHV WKDW DUH OLFHQVHG LQVXUHG DQG UHJXODWHG E\ WKH 0LFKLJDQ '15 DQG UDQJHV WKDW DUH RSHUDWHG E\ WKH '15 6KRRWLQJ &OXEV DUH SULYDWHO\ RZQHG XVXDOO\ UHTXLUH PHPEHUVKLS DUH LQVXUHG FRQIRUP WR VWDWH DQG ORFDO UHJXODWLRQV 6KRRWLQJ RQ SULYDWH SURSHUW\ 7KH VDIHW\ LV HQWLUHO\ XS WR WKH VKRRWHUV DQG ZKHUH DQG ZKHQ D SHUVRQ FDQ WDUJHW SUDFWLFH GLVFKDUJH D ILUHDUP LV XVXDOO\ FRQWURO E\ D ORFDO RUGLQDQFH

(a) Prohibiting or regulating conduct with a pistol, other firearm, or pneumatic gun that is a criminal offense under state law. (b) Prohibiting or regulating the transportation, carrying, or possession of pistols, other firearms, or pneumatic guns by employees of that local unit of government in the course of their employment with that local unit of government. (c) Regulating the possession of pneumatic guns within the local unit of government by requiring that an individual below the age of 16 who is in possession of a pneumatic gun be under the supervision of a parent, a guardian, or an individual 18 years of age or older, except that an ordinance shall not regulate possession of a pneumatic gun on or within private property if the individual below the age of 16 is authorized by a parent or guardian and the property owner or legal possessor to possess the pneumatic gun. (d) Prohibiting an individual from pointing, waving about, or displaying a pneumatic gun in a threatening manner with the intent to induce fear in another individual History: 1990, Act 319, Eff. Mar. 28, 1991;—Am. 2015, Act 29, Eff. Aug. 10, 2015. 123.1103 Local unit of government; permissible prohibitions or regulation. Sec. 3. This act does not prohibit a local unit of government from doing any of the following: 123.1104 &LW\ RU FKDUWHU WRZQVKLS SHUPLVVLEOH SURKLELWLRQV RU UHJXODWLRQ Sec. 4. This act does not prohibit a city or a charter township from doing any of the following: (a) Prohibiting the discharge of a pistol or other firearm within the jurisdiction of that city or charter township. (b) Prohibiting the discharge of pneumatic guns in any area within the jurisdiction of the city or charter township that is so heavily populated as to make that conduct dangerous to the inhabitants of that area, except that an ordinance shall not prohibit the discharge of pneumatic guns at authorized target ranges, on other property where firearms may be discharged, or on or within private property with the permission of the owner or possessor of that property if conducted with reasonable care to prevent a projectile from crossing the bounds of the property. /RFDO *RYHUQPHQW &RQWURO $ ODZ DGRSWHG E\ D WRZQ RU FLW\ FRXQFLO FRXQW\ ERDUG RI VXSHUYLVRUV RU RWKHU PXQLFLSDO JRYHUQLQJ ERDUG 7\SLFDOO\ ORFDO JRYHUQPHQWV LVVXH RUGLQDQFHV HVWDEOLVKLQJ ]RQLQJ DQG SDUNLQJ UXOHV DQG UHJXODWLQJ QRLVH JDUEDJH UHPRYDO DQG WKH RSHUDWLRQ RI SDUNV WKH XVH RI ILUHDUPV DQG RWKHU DUHDV ZLWKLQ WKH ORFDOLW\ V ERUGHUV 123.1102 Regulation of pistols, other firearms, pneumatic guns, or ammunition. Sec. 2. A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state. History: 1990, Act 319, Eff. Mar. 28, 1991;—Am. 2015, Act 29, Eff. Aug. 10, 2015. 014

History: 1990, Act 319, Eff. Mar. 28, 1991;—Am. 2015, Act 29, Eff. Aug. 10, 2015.

Oakland County Legal Resource Center – a source for local ordinances of cities, townships and villages and links to state and federal laws.

015

Ownership Purchase and Possession

016

Firearms Ownership and Possession Handguns:

Handgun Possession, Legally, possession i s defined as the holding or occupancy of a thing such that physical control can be exerted over it. L egal ownership, or title, is not a requirement for possession. Many different federal, state and local laws relate to handgun possession under various circumstances . At the present time , federal law imposes few if any restrictions on possession in one’s home, business or vehicle, or in public places. However, federal law does prohibit possession of a firearm in federal government offices or buildings, such as post offices, IRS offices and the like. Possession may also be prohibited or restricted in other areas, including (but not limited to) military bases, some federal lands (such as national parks), and school zones. Note that a state or local carry permit does not nullify federal restrictions on gun possession on federal property. Sec. 234f. (1) Except as provided in subsection (2), an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older. (2) Subsection (1) does not apply to an individual less than 18 years of age who possesses a firearm in accordance with part 401 (wildlife conservation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, or part 435 (hunting and fishing licensing) of Act No. 451 of the Public Acts of 1994, being sections 324.43501 to 324.43561 of the Michigan Compiled Laws. However, an individual less than 18 years of age may possess a firearm without a hunting license while at, or going to or from, a recognized target range or trap or skeet shooting ground if, while going to or from the range or ground, the firearm is enclosed and securely fastened in a case or locked in the trunk of a motor vehicle. (3) An individual who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both. State Law - 750.234f Possession of firearm by person less than 18 years of age; exceptions; violation as misdemeanor; penalty. FEDERAL LAW - The Gun Control Act of 1968, 18 U.S.C. Chapter 44, provides in pertinent part as follows: 18 U.S.C. 922(x) (x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile— less than 18 years old (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (2) It shall be unlawful for any person who is a juvenile to knowingly possess— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun.

017

Possession Minimum Age Limits:

• To have sole possession of a handgun is 18 years old. • To purchase a handgun from another person is 18 years old (person to person ) transaction. • The minimum age to purchase or sell handgun ammunition from another person is 18 • To purchase or sell a handgun from a gun dealer is 21 • To purchase or sell handgun ammunition from a gun dealer is 21 • Must be 18 years old to shoot at an indoor or outdoor public range unless under the direct supervision of an individual 18 years of age or older. • A person under 18 can shoot a handgun on private property. The person must be under the direct supervision of someone 18 or older. Handgun Purchase and Sales Process Purchase from a Michigan Gun Dealer. The gun dealer performs the entire purchase process at the time of purchase. Forms and process to complete at point of sale (P.O.S) • ATF form 4473 • Pistol Sales Record • Other forms required by the gun dealer • NICS background check (National Instant Criminal Background Check System) • Purchase is required to register the handgun with their local PD. Within 10 days of purchase. NICS Process - FLL Gun Dealer When a person tries to buy a firearm, from a Federal Firearms Licensee {FFL}. The dealer contacts NICS by phone. The prospective buyer fills out the ATF form, and the FFL relays that information to the NICS. The NICS staff performs a background check on the buyer. That background check verifies the buyer does not have a criminal record or isn't otherwise ineligible to purchase or own a firearm.

018

Person to Person Firearms Purchase Process The person-to-person transfer / purchase of a handgun requires the purchaser to get a permit to purchase from their local law enforcement agency, because neither person can do the required NICS background check. A person 18 but not 21 (person to person) can only purchase a handgun from another person, because the minimum age to purchase from a gun dealer is 21 years old. The process: The purchaser is required to get a purchase permit at their local police department Both parties must complete the Michigan Pistol Sales Record Form R-060 (05/2016) The purchaser must register the handgun with their local police dept within 10 days of the purchase Long Guns Long guns purchased from a gun dealer require a NICS background check, but do not require Registration with the local P.D Long guns transferred from person to person do not a background check, registration, or proof of processing. Straw Purchase The ATF defines a straw purchase as “Buying a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction is a “straw purchase.” That means not only is buying a gun for a prohibited person a straw purchase, but so is buying one for that friend or family member who thinks a 4473 is “registration” and “doesn’t want the government to know that they bought a gun.”

019

Possession of a pistol belonging to another Per MCL 28.432, a person with a Concealed Pistol License (CPL) may legally possess a properly registered pistol belonging to another. The owner need not be present. Safety Inspection Certificates Michigan law does not require a person to have a copy of their certificate with their pistol after it has been registered; nor does the law require that a person keep a copy. Transporting ammunition and long-guns MCL 750.227d describes the lawful way to transport a shotgun or rifle. While they must be unloaded, they may be transported in the same case as ammunition (including loaded magazines). CPL holders – required notifications. The notification requirements of MCL 28.425f only apply when a CPL holder is actually carrying a concealed pistol. Nothing in Michigan law allows an officer to search a CPL holder to determine whether they are carrying a pistol.

020

Possession of Firearms During Hunting Season

324.43513 Carrying, transporting, or possessing firearm, slingshot, bow, or crossbow; hunting license not required; hunting on game bird hunting preserve; carrying or possessing unloaded and uncocked weapon . Sec. 43513. (1) An individual may carry, transport, or possess a firearm without a hunting license if the firearm is unloaded and either enclosed in a case or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle. An individual may carry, transport, or possess a slingshot, bow, or crossbow without a hunting license if the slingshot, bow, or crossbow is unloaded and uncocked, enclosed in a case, or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle. Regardless of whether the individual has a license or it is open season for the taking of game, an individual may carry, transport, possess, or discharge a firearm, a bow, or a crossbow if all of the following apply: (a) The individual is not taking or attempting to take game but is engaged in 1 or more of the following activities: (i) Target practice using an identifiable, artificially constructed target or targets. (ii) Practice with silhouettes, plinking, skeet, or trap. (iii) Sighting-in the firearm, bow, or crossbow. (b) The individual is, or is accompanied by or has the permission of, either of the following : (i) The owner of the property on which the activity under subdivision (a) is taking place. (ii) The lessee of that property for a term of not less than 1 year. (c) The owner or lessee of the property does not receive remuneration for the activity under subdivision.

021

Possession Summary

In Michigan, a person under the age of 18 generally may not possess a firearm in public except under the direct supervision of an adult 18 years of age or older. Persons under age 18 may possess a firearm while at, or going to or from, a recognized target range or trap or skeet shooting ground if, while going to or from the range or ground, the firearm is enclosed and securely fastened in a case or locked in the trunk of a motor vehicle. Persons under age 18 may also possess a firearm while hunting game under the authority of a hunting license on land upon which a parent or guardian is regularly domiciled or where a parent or guardian, or another adult at least 18 years old authorized by a parent or guardian, accompanies the minor. Michigan prohibits any person from knowingly selling a firearm “more than 26 inches in length” to a person under age 18. Michigan also prohibits issuance of a handgun purchase license to any person under age 18. If the handgun is to be purchased from a federally licensed dealer, the applicant must be age 21 or older. A concealed carry permit may not be issued to a person under 21 years of age. In Michigan you must be 18 years old to purchase a BB gun, air gun, air rifle or pellet gun. Pneumatic and spring-loaded guns are not classified as firearms under state and federal laws and therefore do not require a permit to purchase and do not require registration. Store does not need to be a gun shop and sold by a gun dealer. The guns can usually be found on a store shelf not behind a gun counter. The seller does not need to have a FFL federal firearms license. Guns can be sold person to person.

Out of State Purchase / Acquisition of Firearms

022

All handgun ƉƵƌŚĂƐĞ ĂŶĚ ƐĂůĞƐ ŵƵƐƚ ƚĂŬĞ ƉůĂĐĞ ŝŶ ƚŚĞ ƐƚĂƚĞ DŝĐŚŝŐĂŶ ďLJ ůĞŐĂů ƌĞƐŝĚĞŶĐĞ ŽĨ DŝĐŚŝŐĂŶ͘ dŚĂƚ ǁŽƵůĚ ŝŶĐůƵĚĞĚ ŐƵŶ ĚĞĂůĞƌƐ ĂŶĚ ƉĞƌƐŽŶ ƚŽ ƉĞƌƐŽŶ ƐĂůĞƐ͘ ,ĂŶĚŐƵŶƐ ĂĐƋƵŝƌĞĚ ŽƵƚ ŽĨ ƐƚĂƚĞ ďLJ Ă DŝĐŚŝŐĂŶ ƌĞƐŝĚĞŶƚ ĂƌĞ ďƌŽƵŐŚƚ ŝŶƚŽ ƚŚĞ ƐƚĂƚĞ ƚŚƌŽƵŐŚ ĨĞĚĞƌĂůůLJ ůŝĐĞŶƐĞĚ ŐƵŶ ĚĞĂůĞƌƐ ŝŶ ĞĂĐŚ ƐƚĂƚĞ͘

Other State

State of Michigan

zŽƵ Ͳ ŚĂŶĚŐƵŶ Ͳ ĚĞĂůĞƌ ƚŽ ĚĞĂůĞƌ

2

Gun Dealer

Gun Dealer

3

zŽƵ ƉŝĐŬ ƵƉ ŚĂŶĚŐƵŶ Ăƚ ŝŶƐƚĂƚĞ ĚĞĂůĞƌ

Source - ATF MFAQ 3. May an unlicensed person obtain a firearm from an out-of-state source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own state? A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s state of residence for the purchaser to obtain the fire arm from the dealer. [18 U. S. C 922(a)( 3)and (5), 922( b)(3), 27 CFR 178.29]

023

What is an FFL Transfer?

Generally, Federal law allows for private parties to engage in non commercial gun sales to other private parties in their own state. This means if you have a gun sitting around you don’t want anymore, you usually can just sell it to another person face to face as long as that person isn’t prohibited from owning a gun. Some states have laws that prevent that, and you can’t sell guns across state lines without using a dealer, or a handgun to an out of state resident. Sometimes there are other limitations, but these are the broad aspects of it. But if you bought a gun from an online source, or out of state, or your state doesn’t allow private sales, you need to do an FFL transfer. This means getting an FFL dealer to run a background check on you, and any other state requirements just like if they were the ones selling you the gun in the first place . So you’ve bought that gun. Great! But you need to transfer it. What’s next? Well you’ll need to find an FFL Dealer close to you. If you are a regular at a favorite gun store, you are halfway there. You might want to call around your area and ask who has the lowest price for a transfer. Usually they run about $20-30, but higher prices are not unheard of, and multiple guns may come with different price structures. If you are doing a local private party transfer, you can usually just walk in during business hours, unless the store advertises otherwise. But if you are getting a gun shipped to you, you’ll need to do a few different things both out of good manners and to make things easier all around. How Do You Do an FFL Transfer?

024

What Are the Procedures For an FFL Transfer?

When having a gun sent to an FFL for transfer DO the following: x Arrange it with the FFL ahead of time. Nobody likes a mysterious gun showing up unexpectedly to their store. x Get a copy of their FFL to send to the person you are buying from. If a private party, they usually don’t need to see it. If a dealer, they’ll need to see a copy. Often your FFL dealer can fax or email that to the other party. x Wait for the gun to show up AND for the FFL dealer to log it into their inventory. This might take a couple days depending on how busy they are. x Come in when your FFL dealer is ready for you and do the background check paperwork like you would any other gun purchase. x Pay the transfer fee and any applicable state fees or taxes. A lot of guns are now sold online. Of course it is illegal to send those guns directly to consumers in most cases. (There are exceptions for in state person to person sales where legal, and certain antique or black powder guns in most states.) That means if you buy a gun online through a distributor or a dealer or even from another person you need to arrange an FFL transfer. Auction sites like http://www.gunbroker.com/ will help connect you with a local FFL who can receive your purchase. Or of course if you have a favorite local FFL, just talk to them. If you are buying a brand new gun, some distributors will ship directly to a local FFL of your choice. If you are doing an FFL transfer for an online order, be sure to coordinate it with the receiving FFL before arranging shipping. Nobody likes an unexpected gun showing up, and it will simplify the whole process for you and your FFL. FFL Transfers For Online Orders

025

Transporting a Firearm

a) While en route to or from a hunting or target shooting area. b) While transporting a pistol to or from home or place of business and a place of repair. c) While moving goods from one place of residence or business to another place of residence or business. d) While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol. e) While en route to or from home or place of business to a gun show or place of purchase or sale. f) While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted. g) While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance. 750.227c Transporting or possessing “loaded firearm” in or upon vehicle propelled by mechanical means; violation as misdemeanor; penalty. Sec. 227c. (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means either of the following: A firearm, other than a pistol, that is loaded. A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber. (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both. History: Add. 1981, Act 103, Eff. Mar. 31, 1982;—Am. 2015, Act 26, Eff. July 1, 2015. If I do not have a CPL, may I transport my pistol in a motor vehicle? MCL 750.231 A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle. A 'lawful purpose' includes: Transporting a handgun: The handgun owner (non CPL holder) is the only person allowed to transport his/her handgun unless another person has a Michigan CPL and approved by the owner to be in possession of the handgun. The handgun is not accessible to the occupants of the vehicle– meaning The handgun is in a “gun box” No ammunition in handgun or box. Place in a trunk if available, if not- If in a SUV, van or pick-up truck- placed in a “reasonable” in - accessible area based on vehicle . Ammunition can be transported in another container.

026

750.227d “Transporting or possessing firearm” in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty. Sec. 227d. (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following: (a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following: (i) Taken down. (ii) Enclosed in a case. (iii) Carried in the trunk of the vehicle. (iv) Inaccessible from the interior of the vehicle. (b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following: (i) Taken down. (ii) Enclosed in a case. (iii) Carried in the trunk of the vehicle. (iv) Inaccessible from the interior of the vehicle. (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. Transporting long-guns MCL 750.227d describes that any firearm other than a pistol can only be transported in a motor vehicle if it is unloaded and is one or more of the following: taken down, enclosed in a case, carried in the trunk of the vehicle, or inaccessible from the interior of the vehicle. A violation of this section is a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than 100.00 or both Transporting a handgun: Applies to those without a concealed pistol license or the license is not valid in a specific state or jurisdiction. MCL 750.231 A person is permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle.