ENROLLED HOUSE BILL No. 5225
AN ACT to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and
carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license
or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain
circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances;
to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals
who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for
the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2 and 2a
(MCL 28.422 and 28.422a), section 2 as amended by 2010 PA 20 and section 2a as amended by 2010 PA 210; and to repeal
acts and parts of acts.
The People of the State of Michigan enact:
Sec. 2. (1) Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol
in this state without first having obtained a license for the pistol as prescribed in this section.
(2) A person who brings a pistol into this state who is on leave from active duty with the armed forces of the United
States or who has been discharged from active duty with the armed forces of the United States shall obtain a license
for the pistol within 30 days after his or her arrival in this state.
(3) The commissioner or chief of police of a city, township, or village police department that issues licenses to
purchase, carry, possess, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly
authorized deputy, in the parts of a county not included within a city, township, or village having an organized police
department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry,
possess, or transport pistols to qualified applicants unless he or she has probable cause to believe that the applicant
would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would
violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances
exist:
(a) The person is not subject to an order or disposition for which he or she has received notice and an opportunity
for a hearing, and which was entered into the law enforcement information network under any of the following:
(i) Section 464a of the mental health code, 1974 PA 258, MCL 330.1464a.
(7) This section does not apply to the purchase of pistols from wholesalers by dealers regularly engaged in the
business of selling pistols at retail, or to the sale, barter, or exchange of pistols kept as relics or curios not made for
modern ammunition or permanently deactivated. This section does not prevent the transfer of ownership of pistols that
are inherited if the license to purchase is approved by the commissioner or chief of police, sheriff, or their authorized
deputies, and signed by the personal representative of the estate or by the next of kin having authority to dispose of
the pistol.
(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the
following conditions apply:
(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described in subdivision (a).
(c) The individual is the owner of the pistol he or she possesses, carries, or transports.
(d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan
penal code, 1931 PA 328, MCL 750.231a.
(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this
state.
(9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the
demand of a police officer. An individual who violates this subsection is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than $100.00, or both.