6.4Firearms Restrictions Involving Individuals Subject to Indictment on Felony or Misdemeanor Charges

This section discusses Federal and Michigan statutory firearm restrictions that apply to individuals who are subject to indictment on felony or misdemeanor charges.

A.Federal Restrictions Related to Firearms or Ammunition Involving Individuals Subject to Indictment on Felony Charges

18 USC 922(n) prohibits a person “who is under indictment for a crime punishable by imprisonment for a term exceeding one year[1] to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”2

Note: A person may apply to the US Attorney General for relief from disabilities imposed under 18 USC 922(n). See 18 USC 925(c). 18 USC 925(c) permits the US Attorney General to grant the requested relief “if it is established to [the US Attorney General’s] satisfaction that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.”

Federal law also prohibits the sale or other disposal of firearms or ammunition to a person who is subject to indictment of “a crime punishable by imprisonment for a term exceeding one year[.]” See 18 USC 922(d)(1) and 18 USC 924(a)(2), which impose a fine and/or a maximum ten-year prison term against a person who sells or otherwise disposes of a firearm or ammunition to someone he or she knows or has reasonable cause to believe is subject to indictment for a crime that is punishable for a term exceeding one year in prison.

B.Michigan Licensing Restrictions for Individuals Subject to Indictment on Felony or Misdemeanor Charges

This subsection discusses Michigan statutory firearm licensing restrictions that apply to individuals who are subject to indictment on felony or misdemeanor charges. For exemptions from Michigan statutory firearm licensing restrictions, see MCL 28.432 and MCL 28.432a.3 

1.Denying Issuance of License

“Except as otherwise provided in [MCL 28.422], a person shall not do either of the following:

(a) Purchase, carry, possess, or transport a pistol in [Michigan] without first having obtained a license for the pistol as prescribed in [MCL 28.422].

(b) Purchase a firearm that is not a pistol in [Michigan] without first having obtained a license for the firearm as prescribed in [MCL 28.422]. This subdivision does not apply to the purchase or acquisition of a firearm that occurred before [February 13, 2024].” MCL 28.422(1).

An individual applying for a license to purchase, carry, possess, or transport a firearm (firearm license) must be denied under MCL 28.422(3)(d) if “[a] felony charge or a criminal charge listed in [MCL 28.425b] against the individual is [] pending at the time of application.”4 MCL 28.422(3)(d).

An applicant will be denied a license to carry a concealed pistol (concealed pistol license) under MCL 28.425b(7)(f) if the county clerk determines, “[b]ased solely on the report received from the department of state police under [MCL 28.425b(6)5],” a felony charge against the applicant is pending in Michigan or elsewhere at the time of application.6 An applicant will also be denied a concealed pistol license if the county clerk determines, “[b]ased solely on the report received from the department of state police under [MCL 28.425b(6)],” the applicant has been charged with certain specified misdemeanors “pending against the applicant in this state or elsewhere at the time [of application]” under MCL 28.425b(7)(h) or MCL 28.425b(7)(i).7 MCL 28.425b(11) requires “the county clerk [to] send by first-class mail a notice of statutory disqualification for a license under this act to an individual if the individual is not qualified under [MCL 28.425b(7)] to receive that license.”

“[A] person who obtains a firearm in violation of . . . MCL28.422 [the firearm licensing statute], 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.”8 MCL 750.232a(1). A person who carries a concealed pistol without a license is “guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.”9 MCL 750.227(2)-(3).

a.Court Procedures for Appealing Notice of Statutory Disqualification or Failure to Issue Receipt or Concealed Pistol License

“If the county clerk issues a notice of statutory disqualification, fails to provide a receipt that complies with [MCL 28.425b(1)] or [MCL 28.425l(3)], or fails to issue a license to carry a concealed pistol as provided in this act, the department of state police fails to provide a receipt that complies with [MCL 28.425l(3)], or the county clerk, department of state police, county sheriff, local police agency, or other entity fails to provide a receipt that complies with [MCL 28.425b(9)], the applicant may appeal the notice of statutory disqualification, the failure to provide a receipt, or the failure to issue the license to the circuit court in the judicial circuit in which he or she resides. The appeal of the notice of statutory disqualification, failure to provide a receipt, or failure to issue a license shall be determined by a review of the record for error.” MCL 28.425d(1).

b.Court Determination Against County Clerk, Entity Taking Fingerprints, or State

“If the court determines that the notice of statutory disqualification, failure to provide a receipt that complies with [MCL 28.425b(1), MCL 28.425b(9), or MCL 28.425l(3)], or failure to issue a license was clearly erroneous or was arbitrary and capricious, the court shall order the county clerk to issue a license or receipt as required by this act. For applications submitted after November 30, 2015, if the court determines that the notice of statutory disqualification, failure to provide a receipt that complies with [MCL 28.425b(1), MCL 28.425b(9), or MCL 28.425l(3)], or failure to issue a license was clearly erroneous, the court may order an entity to refund any filing fees the applicant incurred in filing the appeal, according to the degree of responsibility of that entity.” MCL 28.425d(2).

“For applications submitted before December 1, 2015, if the court determines that the decision of the concealed weapon licensing board to deny issuance of a license to an applicant was arbitrary and capricious, the court shall order this state to pay 1/3 and the county in which the concealed weapon licensing board is located to pay 2/3 of the actual costs and actual attorney fees of the applicant in appealing the denial. For applications submitted on or after December 1, 2015, if the court under [MCL 28.425d(2)] determines that the notice of statutory disqualification, failure to provide a receipt that complies with [MCL 28.425b(1), MCL 28.425b(9), or MCL 28.425l(3)], or failure to issue a license to an applicant was arbitrary and capricious, the court shall order the county clerk, the entity taking the fingerprints, or the state to pay the actual costs and actual attorney fees of the applicant in appealing the notice of statutory disqualification, failure to provide a receipt that complies with [MCL 28.425b(1), MCL 28.425b(9), or MCL 28.425l(3)], or failure to issue a license, according to the degree of responsibility of the county clerk, the entity taking the fingerprints, or the state.” MCL 28.425d(3).

c.Court Determination Against Applicant’s Appeal

“If the court determines that an applicant’s appeal was frivolous, the court shall order the applicant to pay the actual costs and actual attorney fees of the county clerk, entity taking the fingerprints, or the state in responding to the appeal.” MCL 28.425d(4).

2.Criminal Charge After Concealed Pistol License Issued

MCL 28.428(2) requires the immediate suspension of a concealed pistol license (CPL) held by a person charged with a felony or misdemeanor:

“If a county clerk is notified by a law enforcement agency, prosecuting official, or court that an individual licensed to carry a concealed pistol is charged with a felony or charged with a misdemeanor listed in [MCL 28.425b(7)(h)] or [MCL 28.425b(7)(i)], the county clerk shall immediately suspend the individual’s license until there is a final disposition of the charge for that offense. The county clerk shall send notice by first-class mail in a sealed envelope of that suspension to the individual’s last known address as indicated in the records of the county clerk. The notice must include the statutory reason for the suspension, the source of the record supporting that suspension, the length of the suspension, and whom to contact for reinstating the license on expiration of the suspension, correcting errors in the record, or appealing the suspension. . . .”

“If a suspension is imposed under [MCL 28.428], the suspension must be for a period stated in years, months, or days, or until the final disposition of the charge, and state the date the suspension will end, if applicable.” MCL 28.428(4).

An order or amended order suspending an individual’s license is immediately effective. MCL 28.428(8). A person is not criminally liable for violating a suspension order until the individual receives notice of the suspension. Id. However, “nothing in MCL 28.428 states how an individual must be notified that his or her CPL has been revoked or suspended, only that the individual receive notice.” People v Brown (Cleophas), 330 Mich App 223, 234 (2019). In Brown, 330 Mich App at 234, “the trial court erred in holding that verbal notice [by a peace officer] was insufficient under MCL 28.428.” Moreover, “the prosecution produced evidence establishing that the MCL 28.428’ notice requirement was otherwise satisfied” where “[t]he uncontested evidence showed that defendant received written notice that his CPL was suspended, and nothing suggests that defendant had reason to believe that this suspension was lifted.” Brown, 330 Mich App at 235.

Thus, where proper notice has not yet been given, an individual may avoid arrest if he or she complies with the order once informed. See MCL 28.428(9), which states that “[i]f an individual is carrying a pistol in violation of a suspension or revocation order or amended order issued under [MCL 28.428] but has not previously received notice of the order or amended order, the individual must be informed of the order or amended order and be given an opportunity to properly store the pistol or otherwise comply with the order or amended order before an arrest is made for carrying the pistol in violation of this act.”10

a.Surrender of License Upon Suspension

“The licensee shall promptly surrender the individual’s license to the county clerk after being notified that the individual’s license has been revoked or suspended. An individual who fails to surrender a license as required under this subsection after the individual was notified that the individual’s license was suspended or revoked is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.” MCL 28.428(4). See also MCL 28.425b(16), which provides that “[i]f a license issued under this act is suspended or revoked, the license is forfeited and the individual shall return the license to the county clerk forthwith by mail or in person[,][11] . . . [and a]n individual who fails to return a license under this subsection after the individual was notified that the individual’s license was suspended or revoked is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

b.Entry of License Suspension in LEIN

MCL 28.425b(16) requires “the county clerk [to] notify the department of state police if a license is suspended or revoked[ and requires t]he department of state police [to] enter that suspension or revocation into the law enforcement information network [(LEIN)].”

See also MCL 28.428(7), which provides that “[i]f the court orders a county clerk to suspend, revoke, or reinstate a license under [MCL 28.428] or amends a suspension, revocation, or reinstatement order,[12] the county clerk shall immediately notify the department of state police in a manner prescribed by the department of state police. The department of state police shall enter the order or amended order into [LEIN].” MCL 28.428(7).

c.Acquittal or Dismissal of Charge

“If a county clerk suspended a license under [MCL 28.428(2)] and the individual is acquitted of the charge or the charge is dismissed, the individual shall notify the county clerk who shall automatically reinstate the license if the license is not expired and the individual is otherwise qualified to receive a license to carry a concealed pistol, as verified by the department of state police. A county clerk shall not charge a fee for the reinstatement of a license under [MCL 28.428(2)].” MCL 28.428(2).

d.Renewing License After Expiration of License Suspension

“Except as otherwise provided in [MCL 28.428(2) and MCL 28.428(6)], if a license is suspended under [MCL 28.428] and that license was surrendered by the licensee, upon expiration of the suspension period, the applicant may apply for a renewal license in the same manner as provided under [MCL 28.425l]. The county clerk or department of state police, as applicable, shall issue the applicant a receipt for the individual’s application at the time the application is submitted. The receipt must contain all of the following:

(a) The name of the applicant.

(b) The date and time the receipt is issued.

(c) The amount paid.

(d) The applicant’s state-issued driver license or personal identification card number.

(e) The statement, ‘This receipt was issued for the purpose of applying for a renewal of a concealed pistol license following a period of suspension or revocation. This receipt does not authorize an individual to carry a concealed pistol in this state.’

(f) The name of the county in which the receipt is issued, if applicable.

(g) An impression of the county seal, if applicable.” MCL 28.428(5).

1    Crimes punishable by more than one year in prison do not include antitrust or similar offenses related to the regulation of business practices, or state two-year misdemeanors. 18 USC 921(a)(20).

2    See 18 USC 925(a)(1) for exemptions from federal firearm restrictions, which includes exemptions in certain circumstances for “the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.”

3    MCL 28.432 discusses situations where the firearm licensing statute does not apply. MCL 28.432a discusses situations where the requirements to obtain a license to carry a concealed pistol do not apply.

4    See MCL 28.425b for a list of criminal charges that preclude the applicant from obtaining a firearm license.

5    MCL 28.425b(6) requires “the department of state police [to] verify the requirements of [MCL 28.425b(7)(d)], [MCL 28.425b(7)(e)], [MCL 28.425b(7)(f)], [MCL 28.425b(7)(h)], [MCL 28.425b(7)(i)], [MCL 28.425b(7)(j)], [MCL 28.425b(7)(k)], and [MCL 28.425b(7)(m)] through the law enforcement information network [(LEIN)] and the national instant criminal background check system [(NICS)] and [to] report to the county clerk all statutory disqualifications, if any, under this act that apply to an applicant.”

6    MCL 28.425b(7)(f) also provides for the denial of a concealed pistol license if the county clerk determines, “[b]ased solely on the report received from the department of state police under [MCL 28.425b(6)],” the applicant has been convicted of a felony in Michigan or elsewhere at the time of application. See Section 6.5(D) for additional information.

7    An applicant will also be denied a concealed pistol license if the county clerk determines, “[b]ased solely on the report received from the department of state police under [MCL 28.425b(6)],” he or she has been convicted of certain specified misdemeanors within eight years immediately preceding the date of application under MCL 28.425b(7)(h), and certain specified misdemeanors within three years immediately preceding the date of the application under MCL 28.425b(7)(i). See Section 6.6(B) for additional information.

8    “A person who intentionally makes a material false statement on an application for a license to purchase a firearm under [MCL 28.422], is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.” MCL 750.232a(3). See also MCL 28.422(14), which also makes it a “felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both” for “[a] person [to] forge[] any matter on an application for a license under [MCL 28.422][.]”

“A person who uses or attempts to use false identification or the identification of another person to purchase a firearm 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.” MCL 750.232a(4).

9    “A license to carry a concealed pistol that is issued based upon an application that contains a material false statement is void from the date the license is issued.” MCL 28.425b(12).

10    “If a law enforcement agency or officer notifies an individual of a suspension or revocation order or amended order issued under [MCL 28.428] who has not previously received notice of the order or amended order, the law enforcement agency or officer shall enter a statement into the [LEIN] that the individual has received notice of the order or amended order under [MCL 28.428].” MCL 28.428(10).

11    “The county clerk shall retain a suspended or revoked license as an official record 1 year after the expiration of the license, unless the license is reinstated or a new license is issued.” MCL 28.425b(16).

12    MCL 28.428(1) requires “[t]he county clerk in the county in which a license was issued to an individual to carry a concealed pistol [to] suspend, revoke, or reinstate a license as required under this act if ordered by a court[.]”