Michigan Gun Bill: Background Checks, Safe Storage, Red Flag Orders

Michigan gun laws changed more in 2023 than they had in decades, and the new rules took effect on February 13, 2024. Seven public acts rewrote how residents buy, store, and keep legal possession of firearms in the state. If you own a gun in Michigan or plan to buy one, four changes matter most: a background check or purchase license is now required for every firearm, not just handguns; guns must be secured when minors are around; a civil court can temporarily order guns surrendered under an extreme risk protection order; and a misdemeanor domestic violence conviction triggers an eight-year firearm ban.1Michigan House Republicans. Michigan Gun Laws Passed in 2023

Background Checks and Purchase Licenses for Every Firearm

Before the reforms, Michigan required a purchase license or background check only for handguns. Public Acts 18 and 19 of 2023 extended that requirement to every firearm, rifles and shotguns included.2Michigan Legislature. 2023 Michigan Public Acts Table No one can now purchase a firearm in Michigan without first obtaining a license from local law enforcement or holding a valid concealed pistol license.3Michigan Legislature. MCL Section 28.422

The purchase license itself is straightforward. You apply at your local police department or sheriff’s office, which verifies your eligibility. Once issued, the license is good for 30 days. When the sale happens, both buyer and seller sign the license form. For handguns, the seller returns a copy to the licensing authority within 10 days so the sale enters the state’s handgun database.

One shortcut applies to long guns only. If you buy a rifle or shotgun through a federally licensed dealer who runs a background check within five days before the purchase, you don’t need a separate state purchase license for that transaction. Private long gun sales between individuals still require the license.

Private Sales and Gifts Between Family

The biggest change hits private transfers. Before February 2024, you could sell or hand a hunting rifle to a neighbor with no background check and no paperwork. That is no longer legal. A family member can no longer gift a long gun to another family member without the recipient first getting a background check.1Michigan House Republicans. Michigan Gun Laws Passed in 2023

There is a temporary-loan exception. Lending or borrowing a long gun for target shooting or hunting does not require a permit or background check, as long as ownership isn’t actually transferring.1Michigan House Republicans. Michigan Gun Laws Passed in 2023 The moment ownership changes hands, the new owner needs a background check.

Safe Storage When Minors Are Present

Public Act 17 of 2023 created Michigan’s first statewide safe storage mandate. If you store or leave a firearm unattended on premises you control, and you know or should know that a minor (anyone under 18) is or is likely to be present, you must secure that firearm.4Michigan Legislature. Public Act 17 of 2023 The same rule applies when you bring a firearm onto someone else’s property where children may be present.

Two storage methods comply with the law. The first is a secure container specifically designed for firearm storage, fully enclosed and locked by a padlock, key lock, combination lock, or similar device that a minor cannot access. The second is a trigger lock, cable lock, or similar device that prevents the firearm from discharging; stored this way, the firearm must also be unloaded.

What the Penalties Actually Look Like

Simply failing to lock up a gun is not itself a crime. The penalties kick in only after a minor gains access, and they escalate with the harm:

  • If the minor obtains the firearm and displays it publicly or recklessly, it is a misdemeanor punishable by up to 93 days in jail and a $500 fine.5Michigan Department of Health and Human Services. Firearm Storage Requirements and Penalties
  • If the minor discharges the firearm and causes injury, it is a felony punishable by up to 5 years in prison and a $5,000 fine.4Michigan Legislature. Public Act 17 of 2023
  • If the minor discharges the firearm and causes a death, it is a felony punishable by up to 15 years in prison and a $10,000 fine.4Michigan Legislature. Public Act 17 of 2023

A gun safe or a cheap cable lock is low-cost insurance against a potential felony.

Extreme Risk Protection Orders

Public Act 38 of 2023 gave Michigan a “red flag” law. It creates a civil court process to temporarily remove firearms from someone who poses a danger to themselves or others.6Michigan Legislature. Michigan Compiled Laws 691.1801 – Extreme Risk Protection Order Act An extreme risk protection order is a civil restraining order, not a criminal charge.

Who Can File

Only certain people can petition the court:7Michigan Legislature. MCL Section 691.1805

  • A current or former spouse
  • Someone who shares a child with the respondent
  • Someone in a current or past dating relationship with the respondent
  • A current or former household member
  • A family member or guardian
  • A law enforcement officer
  • A health care provider, subject to HIPAA and physician-patient confidentiality requirements

The petition must include facts showing that the respondent “can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual by possessing a firearm” and has engaged in acts or made significant threats supporting that expectation.7Michigan Legislature. MCL Section 691.1805 Vague concerns are not enough.

Surrender and Consequences of Ignoring the Order

Once a court issues an order, the respondent generally has 24 hours to surrender all firearms to local law enforcement or a licensed dealer. The 24-hour window is presumed unless the petitioner is a law enforcement officer or health care provider, in which case the court may order immediate surrender. A respondent who refuses or fails to comply faces an extended order effective for one year beyond the expiration of the original.8Michigan Courts. Extreme Risk Protection Order Act Q&A Noncompliance also exposes the respondent to criminal contempt of court.

Eight-Year Firearm Ban After Domestic Violence Convictions

Public Acts 199, 200, and 201 of 2023 created a state-level firearm ban for anyone convicted of a misdemeanor domestic violence offense. Under the amended MCL 750.224f, that person cannot possess, transport, purchase, or carry a firearm or ammunition for eight years after completing the entire sentence, which includes all jail time, probation, and fines.9Michigan Legislature. MCL Section 750.224f

The eight-year clock does not start on the conviction date. It starts only after every component of the sentence is finished. A three-year probation term stretches the effective ban to roughly eleven years from conviction.

Qualifying offenses are crimes committed against a spouse, former spouse, someone you share a child with, a current or former dating partner, or a current or former household member. They include assault or assault and battery, aggravated assault, breaking and entering a dwelling without permission of a domestic partner who controls the property, fourth-degree vulnerable adult abuse, and malicious destruction of a domestic partner’s personal property. Convictions under local ordinances or the laws of other states and the federal government also count when they substantially correspond to these Michigan offenses or are specifically designated as domestic violence crimes.10Michigan Legislature. Summary as Enacted – Public Acts 199, 200, and 201 of 2023

Possessing a firearm or ammunition during the restricted period is a felony, punishable by up to five years in prison and a $5,000 fine.9Michigan Legislature. MCL Section 750.224f

Federal Law Is Stricter

Michigan’s eight-year ban is more lenient than federal law. Under the Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence faces a lifetime federal prohibition on shipping, transporting, possessing, or receiving firearms or ammunition.11U.S. Marshals Service. Lautenberg Amendment Even after Michigan’s eight-year window closes, the federal prohibition may still apply.

Local Governments Cannot Add Their Own Rules

Under MCL 123.1102, no city, county, or township can impose special taxes on or regulate the ownership, registration, purchase, sale, transfer, transportation, or possession of firearms beyond what state or federal law provides. The preemption extends to ammunition and firearm components.12Michigan Legislature. MCL Section 123.1102 The 2023 reforms apply uniformly statewide. If a local ordinance conflicts with state law, the state law controls.

Traveling With a Firearm

Driving across state lines with a gun is governed by a federal safe passage provision. Under 18 U.S.C. ยง 926A, you may transport a firearm through any state as long as you can legally possess it at both your origin and destination, the firearm is unloaded, and neither the gun nor ammunition is readily accessible from the passenger compartment.13Office of the Law Revision Counsel. 18 USC 926A If your vehicle has no separate trunk, the firearm must be in a locked container other than the glove compartment or console.

For air travel, the TSA requires firearms in checked baggage only, unloaded and locked in a hard-sided container, declared to the airline at the ticket counter.14Transportation Security Administration. Transporting Firearms and Ammunition Check the destination state’s rules before you leave, because some states have possession laws significantly stricter than Michigan’s.