Weapons and the Laws Module 4

Weapons Law s and Legal Liability

State and Federal Laws

Module Four

Firearms ownership and the control layers of enforcement • Federal Government • State Government

• Local Control and Ordinance enforcement • Oakland County Legal Resource Center

Firearms Ownership and Possession Handguns: • State Law - 750.234f Possession of firearm by person less than 18 years of age.

• Federal Law - 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. • Possession of Firearms During Hunting Season

Possession Minimum age limits Handgun Purchase and Sales Process

• Purchase from a Michigan Gun Dealer. o NICS Process - FLL Gun Dealer o Straw Purchase • Person to Person Purchase Process Long Guns Youth Safety Handgun Safety Act Out of State Purchase and Acquisition of Firearms • FFL Transfer Transporting Firearms • Transporting a Handgun

• Transporting or possessing a Loaded Firearm in vehicle • Transporting or Possessing a Firearm in a motor vehicle • Transporting Long Guns Concealed Weapons

• Carrying Concealed Weapons • Brandishing A Firearm in public

Open Vs Concealed Carry Firearms and Marijuana

State of Michigan Firearms Definitions Michigan Frequently Asked Questions • Concealed Pistol • Pistol Registration, Purchase, and Transfer for Michigan Residents

• Other Weapons (Non-Pistols) • Michigan us of Deadly Force Legal Updates and Resource guide • Introduction to Legal Updates • Managing Updates • Michigan State Police Legal Updates for Civilians • Michigan Self Defense Act • Tasers • Firearms, Pneumatic and Spring-operated guns • Concealed Pistol Process and Procedure • Pepper Spray

Federal Laws and the ATF

• The National Park System • Federal Guide to The Interstate Transportation of Firearms

• Carrying on or About the Person • Transportation By Motor Vehicle • Interstate Controls • National Firearms Act • The Gun Control Act of 1968

ATF Regulations and Most FAQ • The term unlicensed means a person that is not a federally licensed gun dealer. • (FFL means Federal Firearms License) • From whom may an unlicensed person acquire a firearm under the GCA? • May an unlicensed person obtain ammunition from an out-of-state source? • 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. -------- and More.

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Firearms Ownership and the c ontrol 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, and township. 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. 039

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.

041

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.

040

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.

042

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.

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.”

043

Person to Person 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.

044

YOUTH HANDGUN SAFETY ACT NOTICE (1) The misuse of handguns is a leading contributor to juvenile violence and fatalities. (2) Safely storing and securing firearms away from children will help prevent the unlawful possession of handguns by juveniles, stop accidents, and save lives. (3) Federal law prohibits, except in certain limited circumstances, anyone under 18 years of age from knowingly possessing a handgun, or any person from selling, delivering, or otherwise transferring a handgun to a person under 18. (4) A knowing violation of the prohibition against selling, delivering, or otherwise transferring a handgun to a person under the age of 18 is, under certain circumstances, punishable by up to 10 years in prison. 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— (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. (3) This subsection does not apply to—

(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile— (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; (ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and (iv) in accordance with State and local law;

(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age. (6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings. (B) The court may use the contempt power to enforce subparagraph (A). (C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown. 18 U.S.C. 924(a)(6) (6)(A)(i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile

045

described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation. (ii) A juvenile is described in this clause if— (I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2);and (II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense. (B) A person other than a juvenile who knowingly violates section 922(x)— (i) shall be fined under this title, imprisoned not more than 1 year, or both; and (ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both. If you have any questions, contact: Bureau of Alcohol, Tobacco, Firearms and Explosives

99 New York Avenue NE Washington, DC 20226 Phone: (202) 648–7190 OR Visit our web site at www.atf.gov

ATF Information 5300.2 Revised July 2017

Out of State Purchase and Acquisition of Firearms

046

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

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Gun Dealer

Gun Dealer

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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]

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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?

048

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

Transporting a Firearm

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Transporting a handgun: The handgun owner is the only person allowed to transport the handgun. The handgun is not accessible to the occupants of the vehicle– meaning The handgun is in a Locked “gun box”

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. 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: 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. 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.

050

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

(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

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.

051

Carrying Concealed Weapons

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Open Carry Verses Concealed carry First, a person may not “open carry " a pistol in the passenger compartment of a vehicle unless they possess a valid Concealed Pistol License. Once a person enters a passenger compartment with a pistol they are carrying it concealed. A person without a CPL may legally open carry a pistol as long as they are 18 years of age and have lawfully purchased the pistol in accordance with MCL 28.422. Without a CPL you may NOT carry a firearm that belongs to someone other than yourself. In Michigan, it is legal for a person to carry a firearm in public ( open) 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. A pistol is subject to immediate seizure if the CPL holder is carrying a pistol in a prohibited area ( Pistol Free Zones). The pistol is only subject to seizure if the holder is carrying it concealed, except in casinos. In a casino the pistol is subject to seizure whether carried concealed or exposed. A CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed 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. A private property owner has the right to prohibit individuals from carrying firearms on his or her propert y, 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. The open carry of a handgun by itself is not considered brandishing. The state of Michigan does not mandate private property owners post signs prohibiting guns .

I n Michigan, it is legal for a person to carry a firearm in public as long as 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. MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following: A depository financial institution (e.g., bank or credit union) A church or other place of religious worship A court A theater A sports arena A day care center A hospital An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws. The above section does not apply to any of the following: • The owner or a person hired as security (if the firearm is possessed for the purpose of providing security) • A person who possesses on one of the above listed premises with the permission of the owner or owner’s agent Officers must be aware of the above exemption for valid CPL holders as many of the citizens who openly carry firearms possess valid CPLs. An individual with a valid CPL may carry a non- concealed firearm in the above listed premises. 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 (MCL 750.552). • A peace officer • A person with a valid concealed pistol license (CPL) issued by any state

MCL 750.226 states it is a felony for a person to carry a dangerous weapon, including a firearm, with the intent to use the weapon unlawfully against another person.

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MICHIGAN STATE POLICE

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Firearms and Marijuana

An example of this this risk relates to the possession or use of marijuana while also being in the possession of a firearm. While this article focuses on State law there is also an interplay between Federal law and marijuana. As it relates to State law, Michigan gun owners should know that it is unlawful in Michigan to possess a firearm under the influence of alcohol, drugs or a combination of alcohol and drugs. There are two separate laws that apply to this scenario, one of which appears in the criminal code and one of which appears in the firearms statute. Both contain provisions applicable to the possession of a firearm under the influence of marijuana, but there are important differences as well.

Possession of Firearm Under the Influence of Marijuana Under the Criminal Code

The Michigan Penal Code provides, in section 750.237, that it unlawful to carry, have in your possession or under your control, or use in any manner, or to discharge a firearm while you are under the influence of alcohol, drugs or a combination of alcohol or drugs. It is equally unlawful to do any of these things while impaired by alcohol or drugs. A violation of this law is misdemeanor and will result in your CPL being suspended for a minimum 8 year period.

Possession of Firearm Under the Influence of Marijuana Under the Firearms Statute.

The Michigan Firearms Act also provides, in Michigan Complied Laws Section 28.425k, that you may not carry a concealed pistol while you are under the influence of alcoholic liquor or a controlled substance, or a combination of the two. A violation of this law is also a 93-day misdemeanor. However, it appears that a violation under this law will result in a possible lifetime revocation of a person's CPL.

What is "Under the Influence?''

Neither law contains a definition of under the influence. By way of comparison, under the motor vehicle code under the influence means that your ability to operate a motor vehicle was substantially lessened. It is not clear exactly what standard would apply to define under the influence for firearms.

It is also important to know that any criminal penalties will also subject to you to registration under the National Instant Criminal Background Check System (NICS). This may result in your also being prohibited fromowning or carrying a gun.

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Can I Have a CPL and be a Medical or Recreational Marijuana User? The bottom line in all of this is that until some action is taken at both the state and federal level, recreational users will have to decide between their use and/or possession of marijuana and their use and/or possession of firearms.

Excerpt from ATF firearms purchase form 4473

Section 21. "yes" or "no" questions: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside. Federal Requirements Pursuant to MCL 28.426, a CPL may not be issued to a person prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS). Questions regarding the NICS check should be directed to the Federal Bureau of Investigation (FBI) NICS Section at 1-877-FBI-NICS (877-324

The Michigan Penal Code provides, in section 750.237 Michigan Complied Laws Section 28.425k Pursuant to MCL 28.426,

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State of Michigan Firearms 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 “ Alcoholic liquor ” means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105. “ Barrel length ” means the internal length of a firearm as measured from the face of the closed breech of the firearm when it is unloaded, to the forward face of the end of the barrel. “ Controlled substance ” means a controlled substance or controlled substance analogue as those terms are defined in section 7104 of the public health code, 1978 PA 368, MCL333.7104. “ Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BBs not exceeding .177 caliber. “Pistol” means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm. “Purchaser” means a person who receives a pistol from another person by purchase, gift, or loan. “Seller” means a person who sells, furnishes, loans, or gives a pistol to another person. “Shotgun” means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single function of the trigger. “Short-barreled shotgun” means a shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches. “Rifle” means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. “Short-barreled rifle” means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less an 26 inches.

Michigan CPL MFAQ Most Frequently asked Questions

Handgun Training Specialists 248-309-9579

03/06/2022

Q? What are the requirements to receive a concealed pistol permit? A. Basic requirements are: You must be 21 years of age or older; Citizen of the United States or a Resident Alien; Resident of Michigan for at least 6 months; Successful completion of Pistol Safety Training Course. The complete list of requirements can be found at Concealed Pistol Application and Instructions Q? How do I get a CPL application kit? A. You need to visit your local police agency or County clerk and obtain a free Concealed pistol application kit. Additional processing information can be found at Concealed Pistol Application and Instructions Q? For the purposes of this law, what is a “Mental Illness” that can disqualify an applicant? A. “Mental Illness” means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and includes, but is not limited to, clinical depression. Also read AG Opinion 7189 of Mar’06 Q? Are there any places where I may not carry a concealed pistol? Anyone licensed to carry a concealed pistol from Michigan or another state shall not carry a concealed pistol in any of the pistol free zones. For a complete list, please see: Pistol Free Areas . Q? Can I have a drink and carry? An individual licensed to carry a concealed pistol shall not possess a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance. Additional details and penalties may be found HERE . Q? Can I carry more than one gun? Yes. The permit does not list specific guns nor does it limit the number of guns that can be carried. Q? Note: A. Firearms laws are constantly changing. Statutes are frequently amended by the legislature and courts hand down opinions that provide interpretation of the meaning of statutes. To stay abreast of current changes, subscribe to our weekly newsletter.

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Concealed Pistol License (CPL) & Renewal 1. What are the requirements to receive a concealed pistol license? MCL 28.425b please see: Requirements to Obtain a Concealed Pistol License 2. How do I renew my concealed pistol license?

MCL 28.425l please see: License Renewal for an outlined description for renewal procedures. 3. After receiving my Concealed Pistol License, I moved to a different county within Michigan. Do I need to reapply in the new county? MCL 28.425b No. If a Concealed Pistol License holder moves to a different county within Michigan, his or her license remains valid until it expires or is otherwise suspended or revoked. When your license expires, the renewal of that license will occur in your new county of residence. You may notify the county clerk in the county that issued your license of your new mailing address to ensure that you are notified when your concealed pistol license is about to expire. 4. How old do I have to be in order to apply for a concealed pistol permit? MCL 28.421 Twenty-one (21) years of age.

Information for CPL Holders 1. Are there any places where I may not carry a concealed pistol?

MCL 28.425o Anyone licensed to carry a concealed pistol from Michigan or another state shall not carry a concealed pistol in any of the prohibited premises, unless he or she is exempt under MCL 28.425o(5). For a complete list, please see: Prohibited Premises. Refer to Federal law for federally restricted areas. 2. Does my valid Concealed Pistol License allow me to carry a concealed pistol in a state park? Yes. MCL 324.504 states that the Michigan Department of Natural Resources (DNR) shall not promulgate or enforce a rule that prohibits a CPL holder from carrying a pistol on property under the control of the DNR.

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Concealed Weapons (Non-CPL Holders) 1. If I do not have a CPL permit, may I transport my pistol in a motor vehicle? MCL 750.231a 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, in a closed case designed for the storage of firearms, and 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 provided the pistol is unloaded, in a closed case designed for the storage of firearms, and not readily accessible to the occupants of the vehicle.

Pistol Registration, Purchase, and Transfer for Michigan Residents 1. Are there any fees for the following Michigan forms?

License to Purchase: MCL 28.422 You may be charged a fee to notarize the application for a License to Purchase. Additionally, a local police department or county sheriff may charge up to $1.00 for the cost of providing, to the owner, a copy of information that was entered in the pistol entry database. Pistol Sales Record: MCL 28.422a A local police department or county sheriff may charge up to $1.00 for the cost of providing, to the owner, a copy of information that was entered in the pistol entry database. License to Carry a Concealed Pistol: The application fee is $100 for a new application, $115 for a renewal application. An additional $15 fee will be charged for fingerprinting services for a new application. 2. How old do I have to be in order to legally own a pistol in Michigan? MCL 28.422 Eighteen (18) years of age. However, Federal law prohibits a federally licensed firearms dealer from selling a pistol to anyone under the age of twenty-one (21).

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Firearms Rights - Persons convicted of crimes or subject to a PPO 1. There is a personal protection order (PPO) issued against me. Am I prohibited from buying a firearm?Does the PPO affect the firearms that I already own? MCL 28.422 prohibits you from obtaining a License to Purchase a pistol if you have received notice of the PPO and had an opportunity for a hearing. If the judge included in the PPO that you are prohibited from owning or possessing firearms, then it would affect the firearms you already own. Other Weapons (Non-Pistols) 1. In Michigan, can I carry a self-defense spray in my car or on my person for protection? MCL 750.224d Yes, but only if it is either: · Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients (CS gas); or · A solution containing not more than 10% oleoresin capsicum (pepper spray). 2 . I recently purchased a double-edged survival knife. Does Michigan law allow me to carry this in my vehicle? MCL 750.227 No. A dagger, dirk, stiletto, or double-edged non-folding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, cannot be carried concealed on or about a person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in their own home, place of business or on other land possessed by the person. 3. Is it illegal to have a knife with a blade over 3 inches in my possession? MCL 750.226 No. Michigan law specifies that a person, with intent to use the knife unlawfully against another, shall not go armed with a knife having a blade over 3 inches in length. 4. Is a flare gun used as a signaling device on a watercraft required to be registered in Michigan? MCL 28.432b No.

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