Transporting Firearms in Michigan: Travel Rules

Michigan Transportation Laws for Firearms

This section explains how Michigan law treats firearms carried or stored in a vehicle. Different rules apply to pistols and to long guns, and different rules apply depending on whether the person holds a Michigan Concealed Pistol License (CPL). Every statute cited below was checked against the primary text of the Michigan Compiled Laws (MCL).

Transporting Pistols in Vehicles

Under MCL 750.227(2), a person shall not carry a pistol concealed on or about the person, or, whether concealed or otherwise, in a vehicle the person operates or occupies, without a license to carry the pistol as provided by law. A violation is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500 under MCL 750.227(3).

In practice, this means there is no general right to "open carry" a pistol inside a vehicle. A person who is not licensed to carry a concealed pistol, and who is not otherwise exempt (for example, a police officer), and who transports a pistol in a vehicle to a place where the person intends to open carry, may violate MCL 750.227(2) unless the pistol is transported under one of the exceptions described below.

CPL Holders Transporting Pistols

A person with a valid Michigan CPL may carry a pistol in a vehicle, loaded or unloaded, concealed or non-concealed, without the unloaded-cased-in-trunk restrictions that apply to unlicensed transport. The CPL is the license referred to in MCL 750.227(2). CPL holders remain subject to any restrictions printed on the license and to the pistol-free zone rules in MCL 28.425o, discussed below.

Exceptions for Non-CPL Holders (MCL 750.231a)

MCL 750.231a(1) lists situations in which the felony prohibition in MCL 750.227(2) does not apply. The two exceptions that matter most for vehicle transport by a person who does not hold a CPL are MCL 750.231a(1)(d) and (e). Read together, these provisions allow a person to transport a pistol "for a lawful purpose" only if all of the following statutory conditions are met:

1. The pistol is licensed by the owner or occupant of the vehicle, in compliance with MCL 28.422 (the pistol-purchase license, sometimes called the registration or "Green Card"). The statute requires that the pistol be licensed by the owner or occupant; it does not require that the owner or occupant also own the pistol.
2. The pistol is unloaded.
3. The pistol is in a closed case designed for the storage of firearms.
4. The cased, unloaded pistol is carried in the trunk of the vehicle. If the vehicle has no trunk, the cased, unloaded pistol must be in the vehicle and not readily accessible to the occupants.

Note carefully what the statute does and does not say. MCL 750.231a uses the phrase "for a lawful purpose" but does not itself define that phrase with a list of approved destinations. The widely circulated list of destinations (a hunting or target area, a place of repair, moving a household or business, a law enforcement agency for a safety inspection, a gun show or place of sale, a public shooting range, public land where shooting is legal, or private property where a pistol may lawfully be used) comes from a Michigan State Police Legal Update, not from the text of MCL 750.231a. Those destinations are useful real-world examples of a lawful purpose, but they are guidance from a secondary source rather than an enumerated statutory definition. The conditions that actually control under the statute are the licensed-by-owner-or-occupant, unloaded, cased, and trunk-or-inaccessible requirements listed above.

Transporting Long Guns (Non-Pistol Firearms)

Two distinct Michigan statutes regulate the transport of non-pistol firearms (rifles, shotguns, muzzleloaders, and similar long guns) in vehicles. They have different scopes and different operative requirements, and a person may need to comply with both at the same time.

MCL 750.227c: Loaded Non-Pistol Firearm Prohibited in Any Mechanically-Propelled Vehicle

Under MCL 750.227c(1), except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat, a motor vehicle, an aircraft, a motorboat, or any other vehicle propelled by mechanical means either of the following:

• MCL 750.227c(1)(a): a firearm, other than a pistol, that is loaded.
• MCL 750.227c(1)(b): a pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber.

The operative requirement of this section is that the non-pistol firearm be unloaded. A person who violates MCL 750.227c is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500, or both, under MCL 750.227c(2).

MCL 750.227d: Stowage Rules for Motor Vehicles and Self-Propelled Land Vehicles

Under MCL 750.227d(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, a firearm other than a pistol, unless the firearm is unloaded and is one or more of the following:

1. Taken down.
2. Enclosed in a case.
3. Carried in the trunk of the vehicle.
4. Inaccessible from the interior of the vehicle.

The same rule applies to a pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber. A person who violates MCL 750.227d is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both, under MCL 750.227d(2).

How the Two Statutes Interact

• In an aircraft, motorboat, sailboat, or other mechanically-propelled vehicle that is not a motor vehicle or a self-propelled land vehicle, only MCL 750.227c applies. The non-pistol firearm must be unloaded, but the four stowage options of MCL 750.227d are not required.
• In a motor vehicle or a self-propelled land vehicle, both MCL 750.227c and MCL 750.227d apply. The firearm must be unloaded and must also satisfy at least one of the four stowage conditions in MCL 750.227d.

Pistol Records During Transport

Michigan uses a pistol-purchase licensing and records system. A person who is not a CPL holder generally obtains a license to purchase before acquiring a pistol, and the pistol-purchase license referenced in MCL 28.422 is the document tied to the lawful-purpose vehicle transport conditions in MCL 750.231a(1)(d)-(e).

• A person with a valid Michigan CPL is exempt from the separate license-to-purchase requirement under MCL 28.422a. MCL 28.422a sets out the conditions for that exemption. Under MCL 28.422a(2), when an exempt individual acquires a firearm the seller must complete a firearm sales record (the purchaser signs it), so a record is still created at the time of acquisition. The exemption is about not needing a separate purchase license, not about skipping the records process.
• Under MCL 28.432(1)(i), a person may carry, possess, use, or transport a pistol belonging to another individual only if both conditions are met: the other individual's possession of the pistol is itself authorized by law, and the person carrying it has obtained a CPL under MCL 28.425b or is exempt from licensure under MCL 28.432a. The borrowed-pistol rule is not unconditional. The lending owner must lawfully be allowed to possess the pistol in the first place.

Non-Resident Transportation Rules

A non-resident does not need a Michigan license to possess, carry, or transport a pistol the non-resident already owns if all of the conditions in MCL 28.422(9) are met:

1. MCL 28.422(9)(a): the individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
2. MCL 28.422(9)(b): the individual is in possession of that license.
3. MCL 28.422(9)(c): the individual is the owner of the pistol he or she possesses, carries, or transports.
4. MCL 28.422(9)(d): the individual possesses the pistol for a lawful purpose.
5. MCL 28.422(9)(e): the individual is in Michigan for a period of 180 days or less and does not intend to establish residency in this state.

The own-the-pistol condition in MCL 28.422(9)(c) and the 180-days-or-less condition in MCL 28.422(9)(e) are both required. A non-resident who does not own the pistol, or who is present for more than 180 days or intends to establish residency, does not qualify for this exemption.

This exemption is not a way for a non-resident to buy a pistol in Michigan. MCL 28.422(1)(a) requires a license before a person may purchase a pistol in this state, and MCL 28.422(3)(c) makes an applicant qualified for that license only if the applicant "is a citizen of the United States or an alien lawfully admitted into the United States and is a legal resident of this state." MCL 28.422(9)(c) in turn assumes the non-resident is already the owner of the pistol being possessed, carried, or transported.

When transporting a pistol in Michigan, a non-resident who relies on the MCL 28.422(9) exemption (rather than carrying under a concealed pistol license recognized by Michigan) must still comply with the unloaded, cased, trunk-or-inaccessible conditions of MCL 750.231a when the pistol is in a vehicle.

Non-Resident Concealed Carry (MCL 750.231a(1)(a); MCL 28.432a)

A separate path exists for a non-resident who holds a concealed pistol license. Under MCL 750.231a(1)(a), the felony prohibition in MCL 750.227(2) does not apply to a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence, except where the pistol is carried in nonconformance with a restriction appearing on the license. MCL 28.432a is the related licensure-exemption statute, and MCL 28.432a(h) addresses an individual licensed by another state.

Michigan recognizes a concealed pistol license only when it was issued by the holder's state of residence. If a person carries a license issued by a state where the person does not reside, Michigan does not recognize that license for concealed carry. A non-resident carrying under MCL 750.231a(1)(a) remains subject to any restrictions printed on the out-of-state license. The pistol-free zone restriction below is triggered by a separate statute: MCL 28.425o(1) applies to a person who is licensed under the act to carry a concealed pistol or who is exempt from licensure under MCL 28.432a(h). MCL 750.231a(1)(a) itself only lifts the MCL 750.227(2) vehicle-carry felony and does not by its own terms invoke the pistol-free zones. In practice the same out-of-state license holder is covered as an MCL 28.432a(h) person, so the pistol-free zones below apply.

Pistol-Free Zones for CPL Holders (MCL 28.425o)

Under MCL 28.425o(1), a person who is licensed to carry a concealed pistol, or who is exempt from licensure under MCL 28.432a(h), shall not carry a concealed pistol on the premises of any of the following (the parking areas of these places are excluded under MCL 28.425o):

• A school or school property. A parent or legal guardian of a student is not precluded from carrying a concealed pistol while in a vehicle on school property when dropping off or picking up the student (MCL 28.425o(1)(a)). "School" and "school property" are defined by reference to MCL 750.237a.
• A public or private child care center or day care center, child caring institution, or child placing agency.
• A sports arena or stadium.
• A bar or tavern licensed under the Michigan liquor control code where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises.
• A church, synagogue, mosque, temple, or other place of worship, unless the presiding official authorizes carrying a concealed pistol.
• An entertainment facility with a seating capacity of 2,500 or more that the individual knows or should know has that capacity.
• A hospital.
• A dormitory or classroom of a community college, college, or university.
• A casino, under MCL 28.425o(3), which incorporates R 432.1212 of the Michigan Administrative Code (Michigan Gaming Control and Revenue Act, MCL 432.201 to 432.226).

This statute restricts concealed carry only. A CPL holder may carry a non-concealed pistol in these areas unless another law prohibits it. The penalties in MCL 28.425o(6) are tiered:

• First violation: a state civil infraction with a fine of not more than $500, and the court orders the CPL suspended for 6 months (MCL 28.425o(6)(a)).
• Second violation: a misdemeanor with a fine of not more than $1,000, and the court orders the CPL revoked (MCL 28.425o(6)(b)).
• Third or subsequent violation: a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000, or both, and the court orders the CPL revoked (MCL 28.425o(6)(c)).

A list of statutory exceptions to the pistol-free zone rule appears in MCL 28.425o(5) and covers categories such as certain retired and active law enforcement officers, licensed security personnel, certain court personnel, and others.

Related Statutes

• MCL 750.227(2)-(3): felony to carry a pistol in a vehicle without a license; 5-year felony penalty.
• MCL 750.231a(1)(a): exception to MCL 750.227(2) for an out-of-state resident with a concealed pistol license issued by the resident's state.
• MCL 750.231a(1)(d)-(e): conditions for transporting a pistol for a lawful purpose without a CPL (licensed by the owner or occupant in compliance with MCL 28.422, unloaded, cased, in trunk or not readily accessible).
• MCL 750.227c: loaded non-pistol firearm prohibited in any mechanically-propelled vehicle; 2-year misdemeanor.
• MCL 750.227d: stowage rules for non-pistol firearms in a motor vehicle or self-propelled land vehicle; 90-day misdemeanor.
• MCL 28.422: pistol-purchase license; MCL 28.422(9) non-resident exemption (own the pistol; 180 days or less).
• MCL 28.422a: exemption from the license-to-purchase requirement (including for CPL holders) and firearm sales record duties.
• MCL 28.425b: license to carry a concealed pistol.
• MCL 28.425o: pistol-free zones for concealed carry and tiered penalties.
• MCL 28.432: situations where the pistol-purchase license requirement does not apply, including the borrowed-pistol rule in MCL 28.432(1)(i).
• MCL 28.432a: exemptions from CPL licensure, including out-of-state license holders (MCL 28.432a(h)).

Statutes change. Confirm the current text of any provision on the Michigan Legislature website before relying on it.