Concealed Weapons License Requirements

A. State of Michigan Requirements

Applicants for a Michigan Concealed Pistol License must meet certain requirements. Often times, it is difficult for a person to clearly determine whether he or she meets the complex criteria set forth by the State of Michigan. The following is a general guidelines that you can use to give you a basic idea if you are eligible to have a concealed weapons permit.

1. The applicant must be at least 21 years of age.

2. He or she must also be a citizen of the United States or an immigrant alien who has been lawfully admitted into the United States.

3. A resident of the State of Michigan for at least 6 months prior to application. An applicant is a state resident if one of the following
applies:

·     The applicant possesses a valid, lawfully obtained Michigan driver’s license or state identification card.

·        The applicant is lawfully registered to vote in Michigan.

·     The applicant is on active duty status with the United States
Armed Forces and stationed outside of Michigan, but ichigan is the home of record.

·     The applicant is on active duty status with the United States
Armed Forces and is permanently stationed in Michigan, but the home of record is another state.

Note:  The 6-month residency requirement may be waived by the concealed pistol licensing board for new residents licensed by another state. 

4. Completed a pistol safety training course.

5. Not be subject to any of the following: (a) An order requiring involuntary hospitalization or alternative treatment, (b) An order finding legal incapacitation or (c) A finding of not guilty by reason of insanity.

6. Not be subject to a conditional bond release prohibiting purchase or possession of a firearm.

7. Not be subject to a current personal protection order.

8. Not be prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under MCL 750.224f (the felony in possession of a firearm statute).

9. Have never been convicted of a felony in Michigan or elsewhere (state or federal).

10. Have no felony charge pending in Michigan or elsewhere (state or federal).

11. Have not been dishonorably discharged from the United States Armed Forces.

 

12. Have not been convicted of one of the following misdemeanors in the 8 years immediately 

       preceding the date of application:

·     Failing to stop when involved in a personal injury

       accident, MCL 257.617a.

·     Operating while intoxicated, second offense, MCL

        257.625(9)(b).

·     Drunk driving, commercial vehicle, MCL 257.625m(4).

·     Reckless driving, MCL 257.626.

·       Driving while license suspended or revoked, second

       or subsequent offense, MCL 257.904.

·     Operating aircraft while under the influence of

       intoxicating liquor or a controlled substance with prior

       conviction, MCL 259.185.

·     Hindering or obstructing certain persons performing

       official weights and measures duties, MCL 290.629.

·     Hindering, obstructing, assaulting, or committing bodily

       injury upon director or authorized representative, MCL

       290.650.

·     Operating an ORV under the influence of intoxicating

       liquor or a controlled substance, second or subsequent

       offense, MCL 324.81134(5)-(6).

·     Operating a snowmobile under the influence of  intoxicating 

        liquor or a controlled substance, second or subsequent offense,

       MCL 324.82127 punishable under section MCL 324.82128(1)(b) or (c).

·     Operating a vessel under the influence of intoxicating liquor

        or a controlled substance, second or subsequent offense,

       MCL 324.80176 punishable under MCL 324.80177(1)(b).

·     Possessing a controlled substance, controlled substance analogue, 

       or prescription form, MCL 333.7403.

·     Operating a locomotive under the influence of intoxicating liquor 

       or a controlled substance, or while visibly impaired, MCL 462.353(4).

·     Displaying sexually explicit matter to minors, MCL 722.677.

·     Assault or domestic assault, MCL 750.81.

·     Aggravated assault or aggravated domestic assault, MCL 750.81a.

·     Breaking and entering or entering without breaking, MCL 750.115.

·     Fourth-degree child abuse, MCL 750.136b.

·     Accosting, enticing, or soliciting a child for immoral purposes, 

       MCL 750.145a.

·     Vulnerable adult abuse, MCL 750.145n.

·     Solicitation to commit a felony, MCL 750.157b.

·     Impersonating a peace officer or medical examiner, MCL 750.215.

·     Illegal sale of a firearm or ammunition, MCL 750.223.

·     Illegal use or sale of a self-defense spray, MCL 750.224d.

·     Sale or possession of a switchblade, MCL 750.226a.

·     Improper transportation of a loaded firearm, MCL 750.227c.

·     Failure to have a pistol inspected, MCL 750.228.

·     Accepting a pistol in pawn, MCL 750.229.

·     Failure to register the purchase of a firearm or a firearm
   component, MCL 750.232.

·     Improperly obtaining a pistol, making a false statement on an 

       application to purchase a pistol, or using false identification to

       purchase a pistol, MCL 750.232a.

·     Intentionally aiming a firearm without malice, MCL 750.233.

·     Intentionally discharging a firearm aimed without malice,

       MCL 750.234.

·     Possessing a firearm on prohibited premises, MCL 750.234d.

·     Brandishing a firearm in public, MCL 750.234e.

·     Possession of a firearm by an individual less than 18 years of age,

       MCL 750.234f.

·     Intentionally discharging a firearm aimed without malice causing injury,

       MCL 750.235.

·     Parent of a minor who possessed a firearm in a weapon-free school zone,

       MCL 750.235a.

·     Setting a spring gun or other device, MCL 750.236.

·     Possessing a firearm while under the influence of intoxicating liquor

       or a drug, MCL 750.237.

·     Weapon-free school zone violation, MCL 750.237a.

·     Indecent exposure, MCL 750.335a.

·     Stalking, MCL 750.411h.

·     Fourth-degree criminal sexual conduct, MCL 750.520e.

·     Reckless, careless, or negligent use of a firearm resulting in injury

       or death, MCL 752.861.

·     Careless, reckless, or negligent use of a firearm resulting in 

       property damage, MCL 752.862.

·     Reckless discharge of a firearm, MCL 752.863a.

13.  Have not been convicted of one of the following misdemeanors in the 3 years immediately preceding the date of application:

·     Operating under the influence, MCL 257.625.

·     Refusal of commercial vehicle operator to submit to a chemical test, MCL 257.625a.

·     Ignition interlock device reporting violation, MCL 257.625k.

·       Circumventing an ignition interlocking device, MCL 257.625l.

·       Operating a commercial vehicle with alcohol content, MCL
   257.625m(3).

·       Operating an aircraft under the influence, MCL 259.185.

·       Operating an ORV under the influence, MCL 324.81134.

·       Operating an ORV while visibly impaired, MCL  

       324.81135.

·       Operating a snowmobile under the influence, MCL  

       324.82127.

·       Controlled substances, MCL 333.7401 to 333.7461.

·       Operating a locomotive under the influence, MCL 462.353(3).

·       Disorderly person, MCL 750.167.

·       Embezzlement, MCL 750.174.

·       False pretenses with intent to defraud, MCL 750.218.

·       Larceny, MCL 750.356.

·       Second-degree retail fraud, MCL 750.356d.

·       Larceny, vacant building, MCL 750.359.

·       Larceny, by conversion, MCL 750.362.

·       Larceny, defrauding lessor, MCL 750.362a.

·       Malicious destruction of property, MCL 750.377a.

·       Malicious destruction of real property, MCL 750.380.

·       Receiving stolen property, MCL 750.535.

·       Malicious use of telephones, MCL 750.540e.

 

14.  Have not been found guilty but mentally ill of any crime and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity.

15.  Have never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to a mental illness.

16.  Not have a diagnosed mental illness at the time the application is made, regardless of whether he or she is receiving treatment.

17.  Not be under a court order of legal incapacity in this state or elsewhere.

18.  Not be detrimental to the safety of his or her self or any other person if issued a Concealed Pistol License.

B. Federal Requirements – The issuance of a Michigan Concealed Weapons Permit requires that an applicant must not be prohibited under federal law from possessing or transporting a firearm.  The federal requirements to possess or transport a firearm include that the applicant:

1.  Not have been convicted in any court of, or under indictment for, a crime punishable by

     imprisonment for a term exceeding one year (i.e. felony, or any misdemeanor punishable by

     more than 2 years).

2.  Not be a fugitive of justice.

3.  Not be an unlawful user of, or addicted to, any controlled substance, as defined in section

     102 of the Controlled Substances Act (21 U.S.C. 802).

4.  Not be adjudicated as a mental defective or who has been committed to a mental institution.

5.  Not be an alien who is illegally or unlawfully in the United States.

6.  Not be discharged from the United States Armed Forces under dishonorable conditions.

7.  Not have renounced his or her citizenship.

8.  Not be subject to a court order prohibiting harassing, stalking, or threatening an intimate

     partner or child of such intimate partner or from engaging in other conduct that would place

     the partner or child in reasonable fear of bodily injury.

9.  Not be convicted in any court of a misdemeanor crime of domestic violence.

 

If an applicant has been convicted of one of the listed offenses, it may be possible to obtain an expungement of the offense so that he or she would become eligible for a Concealed Weapons Licensing Permit,.

LEWIS & DICKSTEIN, P.L.L.C. is Michigan’s premier criminal defense law firm specializing in filing Motions to Expunge or Set Aside Convictions, the defense of felony and misdemeanor offenses (federal and state) and seeking restoration of gun rights for Michigan Residents. If you have an important legal matter that you need to discuss with a seriously experienced criminal defense attorney, please contact us directly at (248) 263-6800.