Simone Lawson
In June 2023, Republican lawmakers in Michigan introduced legislation to allow any legal gun owner to carry their firearm in areas previously designated for open carry or CPL holders only. This would eliminate the requirement for Michiganders to obtain a Concealed Pistol License (CPL) and would also strike the state's duty to inform clause, which requires gun owners to inform law enforcement if they are carrying a firearm. The legislation, referred to as constitutional carry or permitless carry, aims to deregulate gun ownership in the state. However, as of November 2023, there has been no update on the status of the bill, and it is unclear if it will pass into law.
| Characteristics | Values |
|---|---|
| Constitutional carry status in Michigan | Michigan does not have constitutional carry. |
| Michigan Republicans' stance on permitless carry | Michigan Republicans have introduced permitless carry legislation. |
| Duty to inform law | Michigan has a "duty to inform" clause, which requires gun owners to inform law enforcement if they're carrying a firearm. |
| Concealed carry requirements | Michigan requires a Concealed Pistol License (CPL) to carry a concealed weapon. |
| Open carry requirements | Open carry is legal in Michigan for residents over 18 who can legally possess a firearm, provided the gun is registered in their name. Non-residents must have a valid concealed carry license from their home state. |
| Purchase requirements | A Michigan license or a background check is required to buy a handgun. Only residents can purchase handguns, but non-residents can purchase long guns. |
| Firearm training requirements | Michigan requires pistol safety training for license applicants, including safe storage, use, and handling to protect children, and ammunition knowledge. |
| CPL exemptions | Michigan Compiled Laws Section 28.432a includes a list of individuals exempt from requiring a CPL, such as specific peace officers and military members in the line of duty. |
| CPL restrictions | CPL holders are prohibited from carrying in certain locations, including schools and hospitals. |
| Reciprocity | Michigan recognizes resident licenses from all states, the District of Columbia, and Puerto Rico. |
Explore related products
What You'll Learn
- Michigan Republicans introduced permitless carry legislation in 2023
- The legislation aimed to deregulate gun ownership
- Michigan is a Castle Doctrine state with a stand your ground law
- Michigan requires a license to purchase a pistol or a background check
- Michigan's duty to inform clause requires gun owners to inform law enforcement if carrying a firearm
Michigan Republicans introduced permitless carry legislation in 2023
In 2023, Michigan Republicans introduced permitless carry legislation, aiming to deregulate gun ownership in the state. The legislation, sponsored by state Reps. Angela Rigas (R-Caledonia), Bryan Posthumus (R-Greenville), and Jay DeBoyer (R-Clay Twp.), would allow any legal gun owner to carry their firearm in areas previously designated for open carry or concealed pistol license (CPL) holders only. This means that gun owners would be able to carry their firearms in more places without a permit.
The proposed legislation seeks to remove certain regulations on gun ownership, including the "duty to inform" clause, which requires gun owners to inform law enforcement if they are carrying a firearm during traffic stops or other encounters. The bills would also eliminate the requirement for military members and retired law enforcement officers to obtain a license, remove firearm transportation guidelines, and amend sentencing guidelines.
This push for permitless carry legislation by Republicans comes after Democratic Gov. Gretchen Whitmer signed into law a gun reform package that included background checks, safe storage of firearms, and extreme risk protection orders, often referred to as "red flag" laws. Republicans argue that their proposed legislation would remove barriers for law-abiding citizens to protect themselves and their families in case of an emergency.
However, it is important to note that the likelihood of these bills passing is slim due to Democratic majorities in the state House and Senate. Additionally, even if the legislation were to pass, Gov. Whitmer could potentially veto it. As of November 2023, Michigan does not have constitutional carry, and it remains uncertain if this will change in the future.
Constitutional Carry in Texas: Understanding the New Gun Law
You may want to see also
The legislation aimed to deregulate gun ownership
In June 2023, Republican lawmakers in Michigan introduced legislation to deregulate gun ownership in the state. The bills, proposed by Reps. Angela Rigas, Bryan Posthumus, and Jay DeBoyer, aimed to allow any legal gun owner to carry their firearm in areas previously designated for open carry or CPL (Concealed Pistol License) holders only. This would include locations such as schools and hospitals, which are currently off-limits to concealed carry.
The proposed legislation would also eliminate Michigan's "duty to inform" clause, which requires gun owners to disclose to law enforcement if they are carrying a firearm during encounters such as traffic stops. Proponents of the bills argue that they are crucial to making Michigan a "free state" and that they uphold the right of individuals to keep and bear arms for self-defence, as protected by the Second Amendment.
Michigan's current gun laws require a license to purchase a pistol or a background check to buy a handgun. Only residents are permitted to purchase handguns, while non-residents can buy long guns. Open carry is legal for residents over the age of 18 who can legally possess a firearm, provided the gun is registered in their name. Michigan is a Stand Your Ground state, meaning that a person may use deadly force with no duty to retreat if they have a legal right to be in a particular place.
The proposed legislation, referred to as "constitutional carry" or "permitless carry," has faced opposition from gun control advocates. They argue that such laws are inconsistent with historical traditions of gun regulation and could potentially endanger public safety. The bills have also been met with scepticism regarding their chances of passing due to Democratic majorities in the state's House and Senate.
Nevada's Constitutional Carry: What You Need to Know
You may want to see also
Michigan is a Castle Doctrine state with a stand your ground law
Michigan is one of the states in the US that has a stand-your-ground law, which grants individuals the right to use force in self-defence without the obligation to retreat from a threatening situation. However, Michigan does not have a broad stand-your-ground law. Instead, it upholds the Castle Doctrine, which allows the use of deadly force in certain circumstances within the home or other personal spaces without a duty to retreat.
The Castle Doctrine, codified under the Michigan Self-Defence Act, allows individuals to use deadly force without a duty to retreat when defending themselves in their homes or other dwellings. The doctrine applies in three places: a dwelling, a business, and an occupied car. The law also extends to other personal spaces, such as vacation homes.
For the Castle Doctrine to come into play, individuals must genuinely believe that the use of deadly force is necessary to protect themselves or others from death, great bodily harm, or sexual assault. This perception of a grave threat is pivotal in establishing the right to self-defence in Michigan. While the Castle Doctrine primarily applies within the confines of one's home, vehicle, or personal spaces, the state does have provisions for self-defence in public places.
In Michigan, an individual not engaged in the commission of a crime may use non-deadly force against another individual anywhere they have the legal right to. Additionally, Michigan recognises resident licences from all states, the District of Columbia, and Puerto Rico.
It is important to note that Michigan's Castle Doctrine has exceptions and limitations. For example, if an individual is engaged in unlawful activity when a confrontation occurs, they may not be protected by the doctrine. Furthermore, the doctrine does not provide a licence to kill, and prosecutors, judges, and juries will evaluate each case based on its specific facts and circumstances.
Diplomatic Agenda: Who Executes Foreign Policy?
You may want to see also
Explore related products
$59.95 $74.95
Michigan requires a license to purchase a pistol or a background check
In Michigan, a license to purchase a pistol or a background check is required to buy a handgun. Only residents are permitted to purchase handguns, and non-residents can only purchase long guns. Michigan does not have a firearm registry, but all handgun sales necessitate the filing of a pistol sales record form with the Michigan State Police. Open carry is only legal for residents who are at least 18 years old, can legally possess a firearm, and have the gun registered in their name. Non-residents must have a valid concealed carry license from their home state to open or conceal carry.
Michigan's gun laws include a "stand your ground" law, which allows a person to use deadly force, with no duty to retreat, anywhere they have the legal right to be. Anyone who uses a gun for legitimate self-defence is immune from civil liability. In 2023, Republican lawmakers introduced legislation to deregulate gun ownership, aiming to allow any legal gun owner to carry their firearm in areas previously designated for open carry or CPL holders only. This legislation would also remove the "duty to inform" clause, which mandates gun owners to inform law enforcement if they are carrying a firearm.
Michigan's background check laws have also undergone changes. As of early 2024, anyone purchasing a firearm in Michigan is required to have a firearms purchase license, a concealed handgun license, or, for long guns, a background check conducted by a licensed dealer within five days before the purchase. These background checks are performed by the Department of State Police, who review in-state databases and contact the FBI's National Instant Criminal Background Check System (NICS). It is important to note that state files may not always be included in the federal database.
Previously, only handgun buyers were subject to a background check for obtaining a purchase license. However, the new law extends this requirement to include rifles and shotguns. Prospective gun purchasers must pass a background check through the Michigan State Police to obtain a purchase license, regardless of whether the firearm is purchased or received as a gift. Certain individuals, such as those with concealed pistol licenses, federally licensed firearms dealers, and law enforcement officers, are generally exempted from the licensing requirement.
North Carolina's Constitutional Carry: What Does It Mean?
You may want to see also
Michigan's duty to inform clause requires gun owners to inform law enforcement if carrying a firearm
In Michigan, gun ownership criteria are defined by a combination of state and federal laws to ensure that firearms are possessed by individuals who meet specific legal standards. Michigan law requires license applicants to present evidence of having received pistol safety training from an instructor certified by the Michigan Commission on Law Enforcement Standards (MCOLES). The training must be within 5 years preceding the date of application and include safe storage, use and handling of a pistol, ammunition knowledge, and the fundamentals of pistol shooting. Only residents are allowed to purchase handguns, and a Michigan license or a background check is required. Non-residents are permitted to purchase long guns.
Michigan is a "constitutional carry" state, which means that it allows permitless carry of firearms. However, each state determines the requirements and any limitations on the carry of firearms. Michigan is also a "stand your ground" Castle Doctrine state, which means that a person may use deadly force with no duty to retreat anywhere they have a legal right to be.
In June 2023, Republican lawmakers in Michigan introduced permitless carry legislation, aiming to deregulate gun ownership. The bills would strike Michigan's "duty to inform" clause, which requires gun owners to inform law enforcement if they are carrying a firearm, typically during traffic stops or other interactions with law enforcement. The proposed legislation was in response to Democratic Governor Gretchen Whitmer's signing of a gun reform package for background checks, safe storage of firearms, and extreme risk protection orders (also known as "red flag" laws).
As of December 2024, there is no mention of the "duty to inform" clause being removed in Michigan's gun laws. Therefore, it is safe to assume that Michigan's duty to inform clause is still in effect, requiring gun owners to inform law enforcement if they are carrying a firearm. This clause is an important aspect of Michigan's gun laws, contributing to the balance between individual rights and public safety.
Executive Power: How the Branch Functions
You may want to see also
Frequently asked questions
No, constitutional carry did not pass in Michigan. In 2023, Michigan Republicans introduced permitless carry legislation, but it did not pass.
Constitutional carry, also known as unrestricted carry, refers to laws that allow any legal gun owner to carry their firearm in areas previously designated for open carry or CPL holders only.
In Michigan, a license and background check are required to buy a handgun. Only residents are allowed to purchase handguns, while non-residents can purchase long guns. Open carry is legal for residents who are at least 18 years old and who can legally possess a firearm, provided the gun is registered in their name. Michigan also has a "stand your ground" law, which means a person may use deadly force with no duty to retreat anywhere they have the legal right to be.
In 2024, a challenge was filed with the state high court, claiming that Michigan's gun law is not consistent with the nation's historic traditions of gun regulation when the Second and 14th Amendments were adopted. However, the Michigan Court of Appeals rejected this constitutional challenge to the state's concealed weapons law.
