MICHIGAN’S NEW BACKGROUND CHECK LAWS

by Justin Van Den Heuvel

The State of Michigan has recently added new background check laws for those individuals planning to purchase a firearm. Until now, only purchases of a handgun were subject to a background check by Michigan Law Enforcement. The new law now includes the purchase of rifles and shotguns as well. If you are planning to buy a firearm of any type—handgun, shotgun or rifle—whether for hunting, recreation or personal protection, you will soon need to undergo a background check before you will be issued a purchase permit that will allow you to make that purchase.

Here are the Main Points of the Law:

• Legislation: The laws are part of Public Act 19 of 2023, along with Public Act 18 and Public Act 22.
• Effective Date: These laws will take effect on February 13, 2024.
• Universal Background Checks: The new laws require background checks for all gun sales in Michigan. Previously, only handgun buyers were subject to a background check for obtaining a purchase license.
• Extension to All Firearms: The new law extends the requirement of a state background check, which was previously applicable only to pistols, to include rifles and shotguns.
• Procedure for Gun Purchases: Prospective gun purchasers must pass a background check conducted through the Michigan State Police to obtain a purchase license. This applies to both purchases and gifts of firearms.
• Exemptions: Certain individuals, such as those with concealed pistol licenses, federally licensed firearms dealers, and law enforcement officers, are generally exempted from the new licensing requirement.
• Penalties for Violations: Violating the licensing and background check law can result in misdemeanors or felonies, with penalties including jail time and fines.

Additional Details

• Inheritance of Firearms: Individuals who inherit a firearm are required to obtain a license and undergo a background check within 30 days of taking possession.
• Purchasing from Federally Licensed Dealers: If a background check is conducted through a federally licensed gun dealer within five days of purchasing a shotgun or rifle, the buyer is exempt from the requirement to get a separate license.
• Non-Residents: Non-residents of Michigan with a license from their home state to purchase, carry, or transport a pistol are exempt from state licensing requirements to purchase a gun in Michigan.

These changes in the background check laws are part of Michigan’s broader efforts to reduce gun violence by ensuring that all firearm transactions are subject to state background checks. If you have been charged with a violation of the new law, please call the Van Den Heuvel Law Office to speak with an attorney now.

Posted in Criminal Law | No Comments »