28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale
of pistol; exemptions; transfer of ownership to heir or devisee; nonresident; active duty status; forging
application as felony; implementation during business hours.
Sec. 2. (1) Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport
a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
(2) A person who brings a pistol into this state who is on leave from active duty with the armed forces of the United States or
who has been discharged from active duty with the armed forces of the United States shall obtain a license for the pistol within
30 days after his or her arrival in this state.
(3) The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase,
carry, possess, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the
parts of a county not included within a city, township, or village having an organized police department, in discharging the duty
to issue licenses shall with due speed and diligence issue licenses to purchase, carry, possess, or transport pistols to qualified
applicants unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other
individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States.
An applicant is qualified if all of the following circumstances exist:
(a) The person is not subject to an order or disposition for which he or she has received notice and an opportunity for a
hearing, and which was entered into the law enforcement information network under any of the following:
(i) Section 464a of the mental health code, 1974 PA 258, MCL 330.1464a.
(ii) Section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978
PA 642.
(iii) Section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.
(iv) Section 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950a.
(v) Section 14 of 1846 RS 84, MCL 552.14.
(vi) Section 6b of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b, if the order has a condition
imposed under section 6b(3) of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b.
(vii) Section 16b of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.16b.
(b) The person is 18 years of age or older or, if the seller is licensed under 18 USC 923, is 21 years of age or older.
(c) The person is a citizen of the United States or an alien lawfully admitted into the United States and is a legal resident
of this state. For the purposes of this section, a person is considered a legal resident of this state if any of the following apply:
(i) The person has a valid, lawfully obtained Michigan driver license issued under the Michigan vehicle code, 1949 PA 300,
MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The person is lawfully registered to vote in this state.
(iii) The person is on active duty status with the United States armed forces and is stationed outside of this state, but the
person’s home of record is in this state.
(iv) The person is on active duty status with the United States armed forces and is permanently stationed in this state, but the
person’s home of record is in another state.
(d) A felony charge or a criminal charge listed in section 5b against the person is not pending at the time of application.
(e) The person is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or
distributing a firearm under section 224f of the Michigan penal code, 1931 PA 328, MCL 750.224f.
(f) The person has not been adjudged insane in this state or elsewhere unless he or she has been adjudged restored to sanity
by court order.
(g) The person is not under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.
(h) The person has not been adjudged legally incapacitated in this state or elsewhere. This subdivision does not apply to a
person who has had his or her legal capacity restored by order of the court.
(4) Applications for licenses under this section shall be signed by the applicant under oath upon forms provided by the
director of the department of state police. Licenses to purchase, carry, possess, or transport pistols shall be executed in triplicate
FIREARMS LAWS OF MICHIGANPage 8
upon forms provided by the director of the department of state police and shall be signed by the licensing authority. Three
copies of the license shall be delivered to the applicant by the licensing authority. A license is void unless used within 30 days
after the date it is issued.
(5) If an individual purchases or otherwise acquires a pistol, the seller shall fill out the license forms describing the pistol,
together with the date of sale or acquisition, and sign his or her name in ink indicating that the pistol was sold to or otherwise
acquired by the purchaser. The purchaser shall also sign his or her name in ink indicating the purchase or other acquisition of
the pistol from the seller. The seller may retain a copy of the license as a record of the transaction. The purchaser shall receive
2 copies of the license. The purchaser shall return 1 copy of the license to the licensing authority within 10 days after the date
the pistol is purchased or acquired. The return of the copy to the licensing authority may be made in person or may be made
by first-class mail or certified mail sent within the 10-day period to the proper address of the licensing authority. A purchaser
who fails to comply with the requirements of this subsection is responsible for a state civil infraction and may be fined not
more than $250.00. If a purchaser is found responsible for a state civil infraction under this subsection, the court shall notify
the department of state police of that determination.
(6) Within 10 days after receiving the license copy returned under subsection (5), the licensing authority shall electronically
enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically
enter that information. If the licensing authority does not have that ability, the licensing authority shall provide that information
to the department of state police in a manner otherwise required by the department of state police. Any licensing authority that
provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol
descriptions to the department of state police under this subsection. Within 48 hours after entering or otherwise providing the
information on the license copy returned under subsection (5) to the department of state police, the licensing authority shall
forward the copy of the license to the department of state police. The purchaser has the right to obtain a copy of the information
placed in the pistol entry database under this subsection to verify the accuracy of that information. The licensing authority may
charge a fee not to exceed $1.00 for the cost of providing the copy. The licensee may carry, use, possess, and transport the
pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of
the license. However, the person is not required to have the license in his or her possession while carrying, using, possessing,
or transporting the pistol after this period.
(7) This section does not apply to the purchase of pistols from wholesalers by dealers regularly engaged in the business of
selling pistols at retail, or to the sale, barter, or exchange of pistols kept as relics or curios not made for modern ammunition or
permanently deactivated.
(8) This section does not prevent the transfer of ownership of pistols to an heir or devisee, whether by testamentary bequest
or by the laws of intestacy regardless of whether the pistol is registered with this state. An individual who has inherited a
pistol shall obtain a license as required in this section within 30 days of taking physical possession of the pistol. The license
may be signed by a next of kin of the decedent or the person authorized to dispose of property under the estates and protected
individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, including when the next of kin is the individual inheriting the
pistol. If the heir or devisee is not qualified for a license under this section, the heir or devisee may direct the next of kin
or person authorized to dispose of property under the estates and protected individuals code, 1998 PA 386, MCL 700.1101
to 700.8206, to dispose of the pistol in any manner that is lawful and the heir or devisee considers appropriate. The person
authorized to dispose of property under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206,
is not required to obtain a license under this section if he or she takes temporary lawful possession of the pistol in the process
of disposing of the pistol pursuant to the decedent’s testamentary bequest or the laws of intestacy. A law enforcement agency
may not seize or confiscate a pistol being transferred by testamentary bequest or the laws of intestacy unless the heir or devisee
does not qualify for obtaining a license under this section and the next of kin or person authorized to dispose of property under
the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, is unable to retain his or her temporary
possession of the pistol or find alternative lawful storage. If a law enforcement agency seizes or confiscates a pistol under this
subsection, the heir or devisee who is not qualified to obtain a license under this section retains ownership interest in the pistol
and, within 30 days of being notified of the seizure or confiscation, may file with a court of competent jurisdiction to direct the
law enforcement agency to lawfully transfer or otherwise dispose of the pistol. A pistol seized under this subsection shall not be
destroyed, sold, or used while in possession of the seizing entity or its agents until 30 days have passed since the heir or devisee
has been notified of the seizure and no legal action regarding the lawful possession or ownership of the seized pistol has been
filed in any court and is pending. As used in this subsection:
(a) “Devisee” means that term as defined in section 1103 of the estates and protected individuals code, 1998 PA 386, MCL700.1103.
(b) “Heir” means that term as defined in section 1104 of the estates and protected individuals code, 1998 PA 386, MCL700.1104.
(9) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following
conditions apply:
(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described in subdivision (a).
(c) The individual is the owner of the pistol he or she possesses, carries, or transports.
(d) The individual possesses the pistol for a lawful purpose.
(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.
(10) An individual who is a nonresident of this state shall present the license described in subsection (9)(a) upon the demand
of a police officer. An individual who violates this subsection 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.
FIREARMS LAWS OF MICHIGANPage 9
(11) The licensing authority may require a person claiming active duty status with the United States armed forces to provide
proof of 1 or both of the following:
(a) The person’s home of record.
(b) Permanent active duty assignment in this state.
(12) This section does not apply to a person who is younger than the age required under subsection (3)(b) and who possesses
a pistol if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing that pistol.
(b) The person is at a recognized target range.
(c) The person possesses the pistol for the purpose of target practice or instruction in the safe use of a pistol.
(d) The person is in the physical presence and under the direct supervision of any of the following:
(i) The person’s parent.
(ii) The person’s guardian.
(iii) An individual who is 21 years of age or older, who is authorized by the person’s parent or guardian, and who has
successfully completed a pistol safety training course or class that meets the requirements of section 5j(1)(a), (b), or (d), and
received a certificate of completion.
(e) The owner of the pistol is physically present.
(13) This section does not apply to a person who possesses a pistol if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing a pistol.
(b) The person is at a recognized target range or shooting facility.
(c) The person possesses the pistol for the purpose of target practice or instruction in the safe use of a pistol.
(d) The owner of the pistol is physically present and supervising the use of the pistol.
(14) A person who forges any matter on an application for a license under this section 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.
(15) A licensing authority shall implement this section during all of the licensing authority’s normal business hours and shall
set hours for implementation that allow an applicant to use the license within the time period set forth in subsection (4).
History: 1927, Act 372, Eff. Sept. 5, 1927;—CL 1929, 16750;—Am. 1931, Act 333, Imd. Eff. June 16, 1931;—Am. 1941, Act 112, Imd. Eff. May 21,
1941;—Am. 1943, Act 51, Imd. Eff. Mar. 30, 1943;—CL 1948, 28.422;—Am. 1949, Act 170, Eff. Sept. 23, 1949; Am. 1957, Act 259, Eff. Sept. 27, 1957;—
Am. 1964, Act 216, Eff. Aug. 28, 1964;—Am. 1967, Act 158, Eff. Nov. 2, 1967;—Am. 1968, Act 301, Eff. Nov. 15, 1968;—Am. 1972, Act 15, Imd. Eff.
Feb. 19, 1972;—Am. 1986, Act 161, Eff. Aug. 1, 1986;—Am. 1990, Act 320, Eff. Mar. 28, 1991;—Am. 1992, Act 219, Imd. Eff. Oct. 13, 1992;—Am. 1992,
Act 220, Imd. Eff. Oct. 13, 1992;—Am. 1994, Act 338, Eff. Apr. 1, 1996;—Am. 2004, Act 101, Imd. Eff. May 13, 2004;—Am. 2008, Act 195, Eff. Jan. 7,
2009;—Am. 2008, Act 406, Imd. Eff. Jan. 6, 2009;—Am. 2010, Act 20, Imd. Eff. Mar. 25, 2010;—Am. 2012, Act 377, Imd. Eff. Dec. 18, 2012;—Am. 2014,
Act 201, Imd. Eff. June 24, 2014;—Am. 2015, Act 37, Imd. Eff. May 21, 2015;—Am. 2015, Act 200, Eff. Feb. 22, 2016.
Constitutionality: The Michigan Court of Appeals held in Chan v City of Troy, 220 Mich App 376; 559 NW2d 374 (1997), that the citizen requirement,
now MCL 28.422(3)(c), for a permit to purchase a pistol contained in MCL 28.422(3)(b) violates the Equal Protection Clause of the Fourteenth Amendment
to the United States Constitution and is unconstitutional.
Popular name: CCW
Popular name: Concealed Weapons
Popular name: CPL
Popular name: Right to Carry
Popular name: Shall Issue
28.422a Individuals not required to obtain license; completion of record by seller; duties of purchaser;
noncompliance as state civil infraction; penalty; entering information into pistol entry database;
obtaining copy of information; exemption; material false statement as felony; penalty; rules; verification;
definitions.
Sec. 2a. (1) The following individuals are not required to obtain a license under section 2 to purchase, carry, possess, use,
or transport a pistol:
(a) An individual licensed under section 5b, except for an individual who has an emergency license issued under section 5a(4)
or a receipt serving as a concealed pistol license under section 5b(9) or 5l(3).
(b) A federally licensed firearms dealer.
(c) An individual who purchases a pistol from a federally licensed firearms dealer in compliance with 18 USC 922(t).
(d) An individual currently employed as a police officer who is licensed or certified under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(2) If an individual described in subsection (1) purchases or otherwise acquires a pistol, the seller shall complete a record
in triplicate on a form provided by the department of state police. The record shall include the purchaser’s concealed weapon
license number, the number of the purchaser’s license or certificate issued under the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.615, or, if the purchaser is a federally licensed firearms dealer, his or her dealer
license number. If the purchaser is not licensed under section 5b or does not have a license or certificate issued under the
Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and is not a federally licensed
firearms dealer, the record shall include the dealer license number of the federally licensed firearms dealer who is selling the
pistol. The purchaser shall sign the record. The seller may retain 1 copy of the record. The purchaser shall receive 2 copies of
FIREARMS LAWS OF MICHIGANPage 10
the record and forward 1 copy to the police department of the city, village, or township in which the purchaser resides, or, if
the purchaser does not reside in a city, village, or township having a police department, to the county sheriff, within 10 days
following the purchase or acquisition. The return of the copy to the police department or county sheriff may be made in person
or may be made by first-class mail or certified mail sent within the 10-day period to the proper address of the police department
or county sheriff. A purchaser who fails to comply with the requirements of this subsection is responsible for a state civil
infraction and may be fined not more than $250.00. If a purchaser is found responsible for a state civil infraction under this
subsection, the court shall notify the department of state police. If the purchaser is licensed under section 5b, the court shall
notify the licensing authority of that determination.
(3) Within 10 days after receiving the record copy returned under subsection (2), the police department or county sheriff
shall electronically enter the information into the pistol entry database as required by the department of state police if it has the
ability to electronically enter that information. If the police department or county sheriff does not have that ability, the police
department or county sheriff shall provide that information to the department of state police in a manner otherwise required
by the department of state police. Any police department or county sheriff that provided pistol descriptions to the department
of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police
under this subsection. Within 48 hours after entering or otherwise providing the information on the record copy returned under
subsection (2) to the department of state police, the police department or county sheriff shall forward the copy of the record to
the department of state police. The purchaser has the right to obtain a copy of the information placed in the pistol entry database
under this subsection to verify the accuracy of that information. The police department or county sheriff may charge a fee not
to exceed $1.00 for the cost of providing the copy. The purchaser may carry, use, possess, and transport the pistol for 30 days
beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the record. However,
the person is not required to have the record in his or her possession while carrying, using, possessing, or transporting the pistol
after this period.
(4) This section does not apply to a person or entity exempt under section 2(7).
(5) An individual who makes a material false statement on a sales record under this section is guilty of a felony punishable
by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.
(6) The department of state police may promulgate rules to implement this section.
(7) The Michigan commission on law enforcement standards shall provide license or certificate information, as applicable,
to the department of state police to verify the requirements of this section.
(8) As used in this section:
(a) “Federally licensed firearms dealer” means a person licensed to sell firearms under 18 USC 923.
(b) “Person” means an individual, partnership, corporation, association, or other legal entity.
History: Add. 2000, Act 381, Eff. July 1, 2001;—Am. 2008, Act 194, Eff. Jan. 7, 2009;—Am. 2010, Act 210, Eff. Feb. 15, 2011; Am. 2012, Act 377, Imd.
Eff. Dec. 18, 2012;—Am. 2013, Act 3, Eff. Mar. 12, 2013;—Am. 2015, Act 3, Eff. Dec. 1, 2015;—Am. 2016, Act 6, Eff. May 2, 2016;—Am. 2016, Act 301,
Eff. Jan. 2, 2017.
Compiler’s note: Former MCL 28.422a, which pertained to a basic pistol safety brochure, was repealed by Act 220 of 1992, Imd. Eff. Oct. 13, 1992.
Popular name: CCW
Popular name: Concealed Weapons
Popular name: CPL
Popular name: Right to Carry
Popular name: Shall Issue
28.422b Entry of order or disposition into law enforcement information network; written notice; person
subject of order; request to amend inaccuracy; notice of grant or denial of request; hearing; entry of
personal protection order; service required.
Sec. 2b. (1) Except as provided in subsection (5), upon entry of an order or disposition into the law enforcement information
network under any provision of law described in section 2(3)(a), the department of state police shall immediately send written
notice of that entry to the person who is the subject of the order or disposition. The notice shall be sent by first-class mail to the
last known address of the person. The notice shall include at least all of the following:
(a) The name of the person.
(b) The date the order or disposition was entered into the law enforcement information network.
(c) A statement that the person cannot obtain a license to purchase a pistol or obtain a concealed weapon license until the
order or disposition is removed from the law enforcement information network.
(d) A statement that the person may request that the state police correct or expunge inaccurate information entered into the
law enforcement information network.
(2) A person who is the subject of an order entered into the law enforcement information network under any provision of law
described in section 2(3)(a) may request that the department of state police do either of the following:
(a) Amend an inaccuracy in the information entered into the law enforcement information network under any provision of
law described in section 2(3)(a).
(b) Expunge the person’s name and other information concerning the person from the law enforcement information network
regarding 1 or more specific entries in the law enforcement information network under any provision of law described in
section 2(3)(a) because 1 or more of the following circumstances exist:
(i) The person is not subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.
