Firearm Carry Restriction Exemptions

July 27, 2023


If you possess a firearm or intend to possess a firearm in the future, it’s imperative that you stay informed about your rights and responsibilities. You are responsible for your own safety and the safety of others, and you should know your rights around carry restrictions—including some notable exemptions.


If you require a Second Amendment attorney, call me, Ian Redmond, at Redmond Law Group, serving Troy, Michigan, as well as throughout Oakland and Macomb counties. I can work with you to help you understand your gun rights.

Concealed and Open Carry Laws in Michigan

Gun laws vary from state to state, so it is important to familiarize yourself with state laws before you bring your firearm to another state. In Michigan, you must pass a background check when you purchase a gun from a federally-licensed dealer or private seller. Machine guns, automatic weapons, silencers, mufflers, and armor-piercing ammunition are illegal to sell, own, or manufacture in Michigan. Short-barreled shotguns and short-barreled rifles are also illegal barring a permit by federal law.


In Michigan, open carry without a permit is legal if you have registered your firearm in your name. A Concealed Pistol License (CPL) is required to carry a concealed weapon, and can only be issued to those over age 21 who are U.S. citizens (or legally-admitted aliens) and who have been Michigan residents for at least six months. Before receiving a CPL, you must complete state-approved firearm training.


You cannot apply for a CPL if:


  1. You have been convicted of a felony or have outstanding felony charges, or have been convicted of other crimes.
  2. You have a diagnosed mental illness, and it is documented that this illness may make you a danger to yourself or others.
  3. You have been dishonorably discharged from the U.S. military.
  4. You have been prohibited from handling firearms in Michigan (including as part of a bond order).
  5. You have been involuntarily hospitalized or placed under a personal protection order.


It is important to note that Michigan law prohibits the use of a firearm and open and concealed carry of a firearm if you are under the influence of alcohol or drugs.


Michigan has a “stand your ground” law. This means that you may use deadly force against another if there is an imminent threat of death, great bodily harm, or sexual assault. You must not be committing a crime at the time that you put this law into practice, and you must be where you have a legal right to be. Since the “stand your ground” law states that you must not be committing a crime, it’s essential to know the laws around where you can and can’t legally carry firearms in Michigan.

Prohibited Premises for Carrying Firearms

Although open carry is legal in Michigan and CPLs are available, there are places where carrying firearms is prohibited. By federal law, guns are prohibited in any federal building or premises. Additionally, Michigan’s prohibited premises include:


  1. Schools
  2. Public or private childcare centers
  3. Sports arenas and stadiums
  4. Bars or taverns
  5. Places of worship (e.g., church, synagogue, mosque, temple, or other place of worship)
  6. Entertainment venues that can seat 2,500 people or more
  7. Hospitals
  8. Community college, college, and university dormitories or classrooms
  9. Casinos 


In addition, according to the Michigan Supreme Court: “It is ordered that weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy.”

Exemptions

Certain exemptions are listed for some premises:


Schools: A parent or guardian can carry a concealed pistol in their vehicle while dropping off or picking up a child at their school. 


Places of worship: Concealed pistols are allowed on these premises if the “presiding officials or official” of the place of worship permits it. 


Other exemptions exist for people in certain occupations. You are exempt from the prohibition on carrying a concealed weapon in the above premises if you have a CPL and:


  1. You are a retired police officer, retired law enforcement officer, or retired federal law enforcement officer.
  2. You have been hired by any of the above premises to provide security services and are required to carry a concealed firearm by your employer or by contract.
  3. You are a licensed private investigator or private detective.
  4. You are an active or retired corrections officer of a county sheriff’s department, and your training has been approved by the county sheriff. 
  5. You are a motor carrier officer or capitol security officer with the Michigan state police.
  6. You are a member of a sheriff’s posse.
  7. You are a reserve or auxiliary officer of a police or sheriff’s department.
  8. You are a retired parole, probation, or corrections officer or retired absconder recovery unit member and you possess a weapons permit given by the Michigan Department of Corrections (MDOC). 
  9.  You are an active or retired state court judge.
  10.  You are a court officer or a peace officer.


It’s important to fully understand the laws surrounding firearm carry restriction exemptions. For example, under the Law Enforcement Officers Safety Act (LEOSA), active or retired police officers who undergo annual training can carry concealed weapons in all fifty states with a few exceptions. Those exceptions matter.


For example, under federal law, LEOSA certificate holders are prohibited from carrying in federal facilities, including federal buildings and parks—as well as all pistol-free zones, such as those Michigan premises listed above. LEOSA, being a federal exemption, does not extend to individual states, so a holder under the LEOSA in Michigan would not be able to carry a concealed firearm within prohibited premises in Michigan.


However, a retired police officer in Michigan can carry a concealed weapon in a pistol-free zone with a Michigan CPL. Understanding the limitations of certain exemptions is crucial for those who carry firearms—and a Second Amendment attorney can further help you to navigate these laws.

Get All Your Questions Answered

If you need a Second Amendment attorney in Michigan, call me, Ian Redmond, at Redmond Law Group in Troy. I can make sure you have a clear understanding of your rights, and, should you need my help, I can work toward the goal of getting those rights restored. Call me today for a consultation. 

Preparing for Business Litigation

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Dec. 13, 2023  As a business litigation attorney , I've seen firsthand the importance of preparing for potential legal disputes. If you're a business owner, it's not really a question of if you'll face a lawsuit, but when. And when that time comes, how you respond can make all the difference. In this post, I'm going to share some insights on how to prepare for business litigation. I'll walk you through what to do if your business is being sued and give you an overview of the litigation process. If you're currently facing a lawsuit, reach out to a business litigation lawyer immediately. The sooner you get help, the more prepared you'll be. If you're in or near Troy, Michigan, let me shoulder your legal burdens. Contact my firm today to set up a meeting.

Can a Partner Withdraw Without Dissolving the Business?

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Nov. 28, 2023  It’s relatively easy to form a general partnership in Michigan. There are no papers to file or licenses to obtain from the state, but the locality where you intend to conduct business may well impose licensing, permitting, and zoning requirements. While you and some of your friends, family members, or associates may shake hands to form a partnership to market widgets, there are still many details to be ironed out. For instance, who among the partners is going contribute what? Are all just going to ante up a share of the start-up costs, or is one or more partners going to contribute in another way, perhaps through professional expertise? Who is going to manage operations, everybody together or through a kind of managing agreement over who does what? Then, in drawing up the partnership agreement—which should be in writing and agreed to by all the partners—you also must address the issue of what happens if one partner wants out. Does that mean the partnership ends with that person’s departure? In other words, if you create a partnership without an overall partnership agreement addressing the full range of issues that might arise during the course of the partnership’s existence, you might indeed find yourself in a corner, where the departure—or demands—of one partner may well sink the whole enterprise. It’s the Boy Scouts’ motto writ large—“Be prepared.” If your partnership in or around Troy, Michigan, is facing the possibility of one partner departing, and thus leaving the fate of the partnership in question, reach out to The Law Offices of Barton Morris . I have helped countless others draw up agreements and contracts to protect their rights and interests, and I can advise you too, whether you have a written agreement or just a few handshakes. I also proudly serve clients throughout Oakland and Macomb counties.

Mental Health and Gun Rights

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Nov. 9, 2023  One of the more sensitive topics when it comes to firearm laws has to do with mental health and gun rights, and specifically what mental illnesses prohibit you from having a gun. This can be fairly complicated to address because both federal and state regulations come into play with gun rights. If you have questions about this topic or are concerned about your own rights to own a gun, call me at the Redmond Law Group for help in Troy, Michigan, and throughout Oakland County and Macomb County.

Wrongful Denial of Firearm Purchase/Transfer

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Oct. 3, 2023  Getting a denial when trying to purchase or transfer a firearm can be frustrating and confusing. If you believe you have been wrongfully denied a firearm, I can help. As a gun rights attorney at Redmond Law Group, I am dedicated to fighting for clients to protect their constitutional right to gun ownership. I have helped many of my clients in Troy, Michigan, and throughout Oakland and Macomb counties to turn around an adverse decision when trying to purchase or receive a firearm.

Police Encounters When Carrying a Gun

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Aug. 30, 2023  If you carry a firearm in Michigan, it’s essential that you know and fully understand Michigan’s gun laws. Knowing the laws can be invaluable if you have an encounter with police while you are carrying a firearm. If issues arise, it’s also important to seek advice and representation from an attorney. If you need help after an encounter with law enforcement while carrying a firearm, call me, Ian Redmond , at Redmond Law Group in Troy, Michigan. I can help you understand your gun rights and represent you if you’ve had an encounter with the police.

Private Party Firearm Transfers

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June 1, 2023 When it comes to guns, the Second Amendment to the U.S. Constitution states that “the right of the people to keep and bear Arms, shall not be infringed.” That hasn’t kept some states from enacting restrictions not only on how guns can be sold and transferred, but in many instances, also on the guns themselves—what's allowed and what isn’t. Michigan is one state that is among those who “infringe” as little as possible. When it comes to the sale or transfer of firearms on a personal basis, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that this be done through a Federal Firearm Licensee (FFL) dealer, so the purchaser or transferee must go through a background check. In Michigan, however, rifles and shotguns can change hands by unlicensed individuals with no background check or licensing required. Handguns are different. The purchaser must obtain a handgun purchase license or already possess a concealed carry license (CCL), both of which require background checks. If you have questions or concerns about the private sale or transfer of firearms in or around Troy, Michigan, contact me at Redmond Law Group. I have been representing Michigan clients for more than 15 years , and I will zealously protect your rights to own and bear arms or to sell or transfer them. I also proudly serve clients throughout both Macomb and Oakland counties.

Understanding Gun Seizure and Returns

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The Difference Between “Material” and “Immaterial” Contract Breaches

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Dispelling Business Formation Myths

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March 27, 2023 Starting a business is the dream of many people in the United States, the “land of opportunity.” According to the Commerce Institute, five million businesses were started in 2022. More than one million new businesses were formed in each quarter of the year. Though many living among us or even living abroad want to own businesses here, misconceptions about business formation abound, and can slow the start-up process and make it difficult to move forward. If you’re looking to start and operate a business in Troy or anywhere else in Michigan, including Oakland or Macomb counties, contact me at Redmond Law Group. As a business law attorney, I’m ready to guide you through every step of the business formation process. Set up a consultation today.