Eleanor Finch
Michigan's gun laws can be difficult to navigate, and it is important to understand the requirements and limitations of carrying a firearm in the state. Michigan is a shall-issue state, meaning that licenses to carry a concealed weapon (CCW) are typically issued at the local level by county clerks. However, there are specific requirements that must be met to obtain a CCW license, and certain individuals may be denied a license due to disqualification. Understanding the constitutionality of being denied a CCW license in Michigan requires examining the state's laws, an individual's rights, and the reasons for denial.
| Characteristics | Values |
|---|---|
| Who can get a CCW in Michigan? | Residents and non-residents can get a CCW in Michigan. However, only residents are allowed to purchase handguns, while non-residents can purchase long guns. |
| What are the requirements for obtaining a CCW in Michigan? | To obtain a CCW in Michigan, individuals must complete a firearms training course approved by the state and meet certain qualifications, such as no DUIs in the last 10 years. They must also present evidence of pistol safety training from an instructor certified by the Michigan Commission on Law Enforcement Standards (MCOLES). |
| Are there any exceptions to the requirements? | Yes, active-duty military personnel stationed in or outside Michigan with Michigan as their home of record are exempt from the requirements. Specific peace officers and members of the military in the line of duty are also exempt. |
| What are the disqualification criteria for a CCW in Michigan? | Individuals with certain mental illnesses, criminal convictions, or hospitalisations may be disqualified. Those found guilty but mentally ill or insane, or under a court order of incapacity, are also disqualified. |
| What is the validity period of a CCW in Michigan? | A CCW in Michigan is valid for a maximum of 5 years and expires on the holder's birthday. |
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What You'll Learn
Background checks and disqualifications
One of the key requirements for obtaining a CPL in Michigan is undergoing a thorough background check. Since December 1, 2015, the Department of State Police has been responsible for conducting these background investigations through the state law enforcement information network and the FBI's National Instant Criminal Background Check System (NICS). This background check helps identify any statutory disqualifications that may prevent an individual from obtaining a CPL.
When it comes to disqualifications, there are several factors that can prevent an individual from obtaining a CPL in Michigan. Firstly, residency requirements must be met. Applicants must be legal residents of Michigan and have resided in the state for the previous six months before applying. Additionally, applicants must be either citizens of the United States or aliens lawfully admitted into the country.
Certain criminal convictions can also lead to disqualification. For example, individuals convicted of felonies in Michigan or any other state are typically ineligible for a CPL. Similarly, those with active felony cases against them or certain misdemeanor convictions may also be disqualified. Hospitalizations, legal incapacitation, and conditions of bond or release that prohibit firearm possession can also result in disqualification.
Mental health is another important factor in the CPL application process. Individuals with a history of mental illness, particularly those found guilty but mentally ill or insane, may be denied a CPL. If an applicant is assessed to present a danger to themselves or others at the time of application, their CPL may be denied. Additionally, individuals under a court order of incapacity in Michigan or any other state are typically disqualified from obtaining a CPL.
It is worth noting that exemptions do exist for specific individuals, such as law enforcement officers and members of the military, who may not require a CPL to carry a firearm. However, for the majority of residents, undergoing a comprehensive background check and meeting the necessary qualifications is essential to obtaining a CPL in Michigan.
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Second Amendment rights
The Second Amendment of the United States Constitution protects the right to own a firearm. In Michigan, the Second Amendment right to carry arms is protected by a Concealed Pistol License (CPL), also known as a concealed carry weapon (CCW) license.
Michigan is a “shall-issue” state, meaning that licenses are issued at the local level by county clerks. The state 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). This training must be within five years preceding the date of application and includes safe storage, use, and handling of a pistol. Michigan law generally requires licensing authorities to issue a concealed handgun license if the applicant meets certain qualifications.
However, there are certain disqualifications that can prevent an individual from obtaining a CPL in Michigan. These include:
- Mental illness: An individual may be denied a CPL if they have been found guilty of a crime but are mentally ill, or if they are assessed to present a danger to themselves or others at the time of their application.
- Criminal convictions: Individuals with certain criminal convictions, such as felony convictions in Michigan or any other state, may be disqualified from obtaining a CPL.
- Age: An individual must be at least 21 years old to be eligible for a CPL in Michigan.
- Residency: Only Michigan residents are allowed to obtain a CPL, with specific exceptions for active-duty military personnel.
It is important to note that the laws and requirements for obtaining a CPL in Michigan may change over time, and it is always advisable to seek the most up-to-date legal advice.
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Concealed Pistol License (CPL) requirements
Michigan generally prohibits carrying a concealed handgun without a license, except on one's own premises or place of business. Licenses are issued at the local level by county clerks, and applicants must file their applications with the county clerk in their county of residence. The application must be signed under oath, and the applicant must include a certificate stating that they have completed the required pistol safety training course. If the applicant does not have a digitized photograph on file with the Michigan Secretary of State, they must include a passport-quality photograph. All applicable fees must also be paid.
To obtain a Concealed Pistol License (CPL), an individual must meet several requirements. Firstly, they must possess a valid state-issued driver's license or personal identification card. They must also undergo a background check through the federal National Instant Criminal Background Check System (NICS), which is conducted by the Department of State Police. The applicant must not be prohibited from possessing or transporting a firearm under federal law, as determined by the NICS check.
Additionally, the applicant must have knowledge and training in the safe use and handling of a pistol. This can be demonstrated by successfully completing an approved pistol safety training course or class. The training must cover topics such as safe storage, use, and handling of a pistol, including child safety and ammunition knowledge. Retired police officers and retired law enforcement officers are exempt from this training requirement.
Furthermore, there are specific restrictions that disqualify an individual from obtaining a CPL. These include, but are not limited to:
- Conviction of a felony in Michigan or any other state
- Pending felony charges
- Conviction of specific misdemeanour violations within the eight years preceding the application date
- Being subject to an order or disposition for involuntary hospitalization, legal incapacitation, personal protection, or bond or conditional release prohibiting firearm possession
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Non-resident licenses
Michigan offers both resident and non-resident licenses for carrying a concealed pistol (CCW). Non-residents must have a valid concealed carry license from their home state to be allowed to carry a concealed pistol in Michigan. Michigan recognizes resident permits from all states, the District of Columbia, and Puerto Rico, regardless of the age of the license holder.
To obtain a non-resident CCW license in Michigan, an individual must be at least 21 years old and have a license or permit from their state of residency. Non-residents must also comply with Michigan's concealed pistol laws, including restrictions on where a concealed pistol may be carried.
For non-residents, there is no requirement to obtain a Michigan license to purchase a pistol or to undergo a background check to buy a handgun. However, non-residents are only permitted to purchase long guns in Michigan.
In terms of open carry, non-residents must also have a valid concealed carry license from their home state and be at least 18 years old. Open carry is allowed in more places than concealed carry, as certain areas such as schools and hospitals are off-limits to concealed carry.
It is important to note that Michigan's laws regarding CCW licenses may change, and individuals should refer to the official sources for the most up-to-date information.
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Mental illness and CCW permits
Michigan generally prohibits carrying a concealed handgun without a license. Licenses are issued by county clerks and require the completion of a firearms training course. 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).
In Michigan, individuals with a history of mental illness may be denied a CCW permit. The CCW permit application asks applicants to disclose any history of mental illness and provides a checkbox for "yes" or "no". By signing the form, applicants authorise the government to access their medical records to verify their statement. If incorrect information is found, applicants may be prosecuted for perjury and other felonies. Michigan law defines mental illness as "any nervous or mental condition interfering with everyday life."
The specific criteria for disqualification due to mental illness include:
- Being found guilty but mentally ill of a crime, pleading not guilty by reason of insanity, or being acquitted of a crime due to insanity.
- Being subject to an order of involuntary commitment due to mental illness.
- Having a diagnosed mental illness that presents a danger to oneself or others at the time of application, regardless of treatment status.
- Being under a court order of legal incapacity.
It is important to note that the criteria for determining mental illness for CCW permits can vary across states. For example, in New York State, an individual is not considered mentally ill unless they are hospitalised by a government agency or law enforcement for mental health reasons.
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Frequently asked questions
CCW stands for 'carrying a concealed weapon' license. In Michigan, this is officially known as a Concealed Pistol License (CPL).
To obtain a CCW license in Michigan, you must be a US citizen or an alien lawfully admitted to the US, have resided in Michigan for at least the previous six months, and have completed a firearms training course that has been state-approved with at least eight hours of instruction, including three hours of range time.
Yes, a person can be denied a CCW license in Michigan due to mental illness. If an individual is found to be a danger to themselves or others, they will not be issued a license.
In addition to mental illness, an individual can be denied a CCW license in Michigan if they have been convicted of a felony, are under 21 years old, or are prohibited from possessing a firearm under federal law.
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