reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425c - License; Form; Contents; Authorized Conduct; Photograph.

28.425c License; form; contents; authorized conduct; photograph.
Sec. 5c.
(1) A license to carry a concealed pistol shall be in a form, with the same dimensions as a Michigan operator license, prescribed by the department of state police. Beginning December 1, 2015, the license shall be constructed of plastic laminated paper or hard plastic. No additional fee shall be charged for the license unless otherwise prescribed in this act. A fee not to exceed $10.00 may be charged for an optional hard plastic license only if the county clerk also provides the option of obtaining a plastic laminated paper license at no charge. A county clerk shall deposit a fee collected under this subsection in the concealed pistol licensing fund of that county created in section 5x. The license shall contain all of the following:
(a) The licensee's full name and date of birth.
(b) A photograph and a physical description of the licensee.
(c) A statement of the effective dates of the license.
(d) An indication of exceptions authorized by this act applicable to the licensee.
(e) The licensee's state-issued driver license or personal identification card number.
(f) The premises on which carrying a concealed pistol is prohibited under section 5o.
(g) The peace officer disclosure required under section 5f(3).
(h) An indication whether the license is a duplicate or an emergency license.
(i) If the license is an emergency license, an indication that the emergency license does not exempt the individual from complying with all applicable laws for the purchase of firearms.
(2) The department of state police or a county clerk shall not require a licensee's signature to appear on a license to carry a concealed pistol.
(3) Subject to section 5o and except as otherwise provided by law, a license to carry a concealed pistol issued by the county clerk authorizes the licensee to do all of the following:
(a) Carry a pistol concealed on or about his or her person anywhere in this state.
(b) Carry a pistol in a vehicle, whether concealed or not concealed, anywhere in this state.
(4) The secretary of state shall make a digitized photograph taken of the applicant for a driver license or personal identification card available to the department for use under this act. The department shall provide the photograph of the applicant received from the secretary of state to the county clerk who shall use the photograph on the individual's license unless the applicant does not have a digitized photograph on file with the secretary of state. If an applicant does not have a digitized photograph on file with the secretary of state, the applicant shall provide a passport-quality photograph of the applicant as provided under section 5b(1).
History:
Add. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2002, Act 719, Eff. July 1, 2003 ;-- Am. 2015, Act 3, Eff. Dec. 1, 2015
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425g - Pistol or Portable Device That Uses Electro-Muscular Disruption Technology; Subject to Seizure and Forfeiture; Exception.

28.425g Pistol or portable device that uses electro-muscular disruption technology; subject to seizure and forfeiture; exception.
Sec. 5g.
A pistol or portable device that uses electro-muscular disruption technology carried in violation of this act is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. This section does not apply if the violation is a state civil infraction under section 5f unless the individual fails to present his or her license within the 45-day period described in that section.
History:
Add. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2012, Act 123, Eff. Aug. 6, 2012
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425h - Expiration of License Issued Under Former Law; Renewal License.

28.425h Expiration of license issued under former law; renewal license.
Sec. 5h.
(1) An individual who is licensed to carry a concealed pistol on the effective date of the amendatory act that added this section may carry a concealed pistol under that license until the license expires or the individual's authority to carry a concealed pistol under that license is otherwise terminated, whichever occurs first.
(2) An individual who is licensed under this act to carry a concealed pistol on the effective date of the amendatory act that added this section may apply for a renewal license upon the expiration of that license as provided in section 5l.
History:
Add. 2000, Act 381, Eff. July 1, 2001
Popular Name:
CCW
Popular Name:
Concealed Weapons
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CPL
Popular Name:
Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425i - Instruction or Training; Liability.

28.425i Instruction or training; liability.
Sec. 5i.
(1) A person or entity that provides instruction or training to another person under section 5b is immune from civil liability for damages to any person or property caused by the person who was trained.
(2) This section does not apply if the person or entity providing the instruction or training was grossly negligent.
(3) This section is in addition to and not in lieu of immunity otherwise provided by law.
History:
Add. 2000, Act 381, Eff. July 1, 2001
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CCW
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Concealed Weapons
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CPL
Popular Name:
Right to Carry
Popular Name:
Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425m - Repealed. 2015, Act 3, Eff. June 2, 2015.

28.425m Repealed. 2015, Act 3, Eff. June 2, 2015.
Compiler's Notes:
The repealed section pertained to notification to county concealed weapon licensing board of criminal charge against license holder.
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CCW
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Concealed Weapons
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425n - Other License or Permit; Limitations by Employer Prohibited.

28.425n Other license or permit; limitations by employer prohibited.
Sec. 5n.
(1) This state or a local unit of government of this state shall not prohibit an individual from doing either of the following as a condition for receiving or maintaining any other license or permit authorized by law:
(a) Applying for or receiving a license to carry a concealed pistol under this act.
(b) Carrying a concealed pistol in compliance with a license issued under this act.
(2) Except as provided in subsection (3), an employer shall not prohibit an employee from doing either of the following:
(a) Applying for or receiving a license to carry a concealed pistol under this act.
(b) Carrying a concealed pistol in compliance with a license issued under this act. This subdivision does not prohibit an employer from prohibiting an employee from carrying a concealed pistol in the course of his or her employment with that employer.
(3) A police agency may prohibit an employee of that police agency from carrying a concealed pistol if carrying a concealed pistol would result in increased insurance premiums or a loss or reduction of insurance coverage for that employer.
History:
Add. 2000, Act 381, Eff. July 1, 2001
Popular Name:
CCW
Popular Name:
Concealed Weapons
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CPL
Popular Name:
Right to Carry
Popular Name:
Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425v - Concealed Weapon Enforcement Fund; Creation; Disposition of Funds; Lapse; Expenditures.

28.425v Concealed weapon enforcement fund; creation; disposition of funds; lapse; expenditures.
Sec. 5v.
(1) The concealed weapon enforcement fund is created in the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department of state police shall expend money from the fund only to provide training to law enforcement personnel regarding the rights and responsibilities of individuals who are licensed to carry concealed pistols in this state and proper enforcement techniques in light of those rights and responsibilities.
History:
Add. 2000, Act 381, Eff. July 1, 2001
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CCW
Popular Name:
Concealed Weapons
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CPL
Popular Name:
Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425w - Appropriation; Amount; Purpose; Total State Spending; Appropriations and Expenditures Subject to MCL 18.1101 to 18.1594.

28.425w Appropriation; amount; purpose; total state spending; appropriations and expenditures subject to MCL 18.1101 to 18.1594.
Sec. 5w.
(1) One million dollars is appropriated from the general fund to the department of state police for the fiscal year ending September 30, 2001 for all of the following:
(a) Distributing trigger locks or other safety devices for firearms to the public free of charge.
(b) Providing concealed pistol application kits to county sheriffs, local police agencies, and county clerks for distribution under section 5.
(c) The fingerprint analysis and comparison reports required under section 5b(11).
(d) Photographs required under section 5c.
(e) Creating and maintaining the database required under section 5e.
(f) Creating and maintaining a database of firearms that have been reported lost or stolen. Information in the database shall be made available to law enforcement through the law enforcement information network.
(g) Grants to county concealed weapon licensing boards for expenditure only to implement this act.
(h) Training under section 5v(4).
(i) Creating and distributing the reporting forms required under section 5m.
(j) A public safety campaign regarding the requirements of this act.
(2) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under subsection (1) for the fiscal year ending September 30, 2001 is $1,000,000.00.
(3) The appropriations made and the expenditures authorized under this section and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under this section are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
History:
Add. 2000, Act 381, Eff. July 1, 2001
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.425x - Concealed Pistol Licensing Fund.

28.425x Concealed pistol licensing fund.
Sec. 5x.
(1) Each county shall establish a concealed pistol licensing fund for the deposit of fees collected for the county clerk under this act. The county treasurer shall direct investment of the concealed pistol licensing fund and shall credit to the fund interest and earnings from fund investments.
(2) Money credited to the county concealed pistol licensing fund shall be expended in compliance with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a, subject to an appropriation. Expenditures from the county concealed pistol licensing fund shall be used by the county clerk only for the cost of administering this act. Allowable expenditures include, but are not limited to, any of the following costs of the county clerk:
(a) Staffing requirements directly attributable to performing functions required under this act.
(b) Technology upgrades, including technology to take fingerprints by electronic means.
(c) Office supplies.
(d) Document storage and retrieval systems and system upgrades.
History:
Add. 2015, Act 3, Eff. June 2, 2015
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.426 - Issuance of License; Conditions.

28.426 Issuance of license; conditions.
Sec. 6.
(1) An issuing agency shall not issue a license to an applicant under section 2 unless both of the following apply:
(a) The issuing agency has determined through the federal national instant criminal background check system that the applicant is not prohibited under federal law from possessing or transporting a firearm.
(b) If the applicant is not a United States citizen, the issuing agency has verified through the United States Immigration and Customs Enforcement databases that the applicant is not an illegal alien or a nonimmigrant alien.
(2) A county clerk shall not issue a license to an applicant under section 5b unless both of the following apply:
(a) The department of state police, or the county sheriff under section 5a(4), has determined through the federal national instant criminal background check system that the applicant is not prohibited under federal law from possessing or transporting a firearm.
(b) If the applicant is not a United States citizen, the department of state police has verified through the United States Immigration and Customs Enforcement databases that the applicant is not an illegal alien or a nonimmigrant alien.
History:
Add. 2005, Act 242, Imd. Eff. Nov. 22, 2005 ;-- Am. 2017, Act 95, Eff. Oct. 11, 2017
Compiler's Notes:
Former MCL 28.426, which pertained to concealed weapon licensing board, was repealed by Act 381 of 200, Eff. July 1, 2001.
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.426a - Repealed. 2015, Act 3, Eff. June 2, 2015.

28.426a Repealed. 2015, Act 3, Eff. June 2, 2015.
Compiler's Notes:
The repealed section pertained to license to equip premises or vehicle with gas ejecting device or authorize manufacture or sale of gas ejecting device.
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CCW
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Concealed Weapons
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Right to Carry
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Shall Issue
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R 28.91 and R 28.92 of the Michigan Administrative Code
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.427 - Concealed Weapons Licenses; Expiration.

28.427 Concealed weapons licenses; expiration.
Sec. 7.
All licenses heretofore issued in this state permitting a person to carry a pistol concealed upon his person shall expire at midnight, December 31, 1927.
History:
1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16756 ;-- CL 1948, 28.427
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CCW
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Concealed Weapons
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.429a - Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.

28.429a Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Compiler's Notes:
The repealed section pertained to approval of basic pistol safety pamphlet and questionnaire by department of state police.
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CCW
Popular Name:
Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.429b - Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.

28.429b Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Compiler's Notes:
The repealed section pertained to printing and distribution of basic pistol safety pamphlet and questionnaire by department of state police.
Popular Name:
CCW
Popular Name:
Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.429c - Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.

28.429c Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Compiler's Notes:
The repealed section pertained to distribution of basic pistol safety pamphlet and questionnaire.
Popular Name:
CCW
Popular Name:
Concealed Weapons
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CPL
Popular Name:
Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.429d - Repealed. 2000, Act 381, Eff. July 1, 2001.

28.429d Repealed. 2000, Act 381, Eff. July 1, 2001.
Compiler's Notes:
The repealed section pertained to forfeiture of firearm.
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.430 - Theft of Firearm; Report Required; Failure to Report Theft as Civil Violation; Penalty.

28.430 Theft of firearm; report required; failure to report theft as civil violation; penalty.
Sec. 10.
(1) A person who owns a firearm shall, within 5 days after he or she knows his or her firearm is stolen, report the theft to a police agency having jurisdiction over that theft.
(2) A person who fails to report the theft of a firearm as required under subsection (1) is responsible for a civil violation and may be fined not more than $500.00.
History:
Add. 1990, Act 320, Eff. Mar. 28, 1991
Compiler's Notes:
Former sections 10 and 11 were not compiled.
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CCW
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Concealed Weapons
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.431 - Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.

28.431 Repealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Compiler's Notes:
The repealed section pertained to system for review of criminal histories of individuals purchasing firearms.
Popular Name:
CCW
Popular Name:
Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.432 - Inapplicability of MCL 28.422; Amendatory Act as “Janet Kukuk Act”.

***** 28.432 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 28.432.amended *****
28.432 Inapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.
Sec. 12.
(1) Section 2 does not apply to any of the following:
(a) A police or correctional agency of the United States or of this state or any subdivision of this state.
(b) The United States army, air force, navy, or marine corps.
(c) An organization authorized by law to purchase or receive weapons from the United States or from this state.
(d) The national guard, armed forces reserves, or other duly authorized military organization.
(e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.
(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.
(g) The regular and ordinary possession and transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.
(h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.
(2) The amendatory act that added subsection (1)(h) shall be known and may be cited as the "Janet Kukuk act".
History:
1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16761 ;-- CL 1948, 28.432 ;-- Am. 1964, Act 216, Eff. Aug. 28, 1964 ;-- Am. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2004, Act 99, Imd. Eff. May 13, 2004 ;-- Am. 2006, Act 75, Eff. July 1, 2006 ;-- Am. 2008, Act 195, Eff. Jan. 7, 2009 ;-- Am. 2010, Act 209, Eff. Feb. 15, 2011
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CCW
Popular Name:
Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.432.amended - Inapplicability of MCL 28.422; Amendatory Act as "Janet Kukuk Act".

***** 28.432.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
28.432.amended Inapplicability of MCL 28.422; amendatory act as "Janet Kukuk act".
Sec. 12.
(1) Section 2 does not apply to any of the following:
(a) A police or correctional agency of the United States or of this state or any subdivision of this state.
(b) The United States Army, Air Force, Navy, or Marine Corps.
(c) An organization authorized by law to purchase or receive weapons from the United States or from this state.
(d) The National Guard, United States Armed Forces Reserves, or other duly authorized military organization.
(e) A member of an entity or organization described in subdivisions (a) to (d) for a firearm while engaged in the course of that member's duties with that entity or while going to or returning from those duties.
(f) A United States citizen holding a license to carry a pistol concealed upon that individual's person issued by another state.
(g) The regular and ordinary possession and transportation of a firearm as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.
(h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.
(2) The amendatory act that added subsection (1)(h) may be known as the "Janet Kukuk act".
History:
1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16761 ;-- CL 1948, 28.432 ;-- Am. 1964, Act 216, Eff. Aug. 28, 1964 ;-- Am. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2004, Act 99, Imd. Eff. May 13, 2004 ;-- Am. 2006, Act 75, Eff. July 1, 2006 ;-- Am. 2008, Act 195, Eff. Jan. 7, 2009 ;-- Am. 2010, Act 209, Eff. Feb. 15, 2011 ;-- Am. 2023, Act 19, Eff. (sine die)
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.432b - Signaling Devices to Which MCL 28.422 Inapplicable.

28.432b Signaling devices to which MCL 28.422 inapplicable.
Sec. 12b.
Section 2 does not apply to a signaling device that is approved by the United States coast guard pursuant to regulations issued under 46 USC 481, or under 46 USC 1454.
History:
Add. 1982, Act 182, Eff. July 1, 1982 ;-- Am. 2008, Act 195, Eff. Jan. 7, 2009
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.432c - Repealed. 2000, Act 381, Eff. July 1, 2001.

28.432c Repealed. 2000, Act 381, Eff. July 1, 2001.
Compiler's Notes:
The repealed section pertained to license renewal.
Popular Name:
CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.433 - Unlawful Possession of Weapon; Complaint, Search Warrant, Seizure.

28.433 Unlawful possession of weapon; complaint, search warrant, seizure.
Sec. 13.
When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases that any pistol or other weapon or device mentioned in this act is unlawfully possessed or carried by any person, such magistrate shall, if he be satisfied that there is reasonable cause to believe the matters in said complaint be true, issue his warrant directed to any peace officer, commanding him to search the person or place described in such complaint, and if such pistol, weapon or device be there found, to seize and hold the same as evidence of a violation of this act.
History:
1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16762 ;-- CL 1948, 28.433
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 372 of 1927 - Firearms (28.421 - 28.435.amended) › Section 28.434 - Unlawful Possession; Weapon Forfeited to State; Disposal; Immunity.

28.434 Unlawful possession; weapon forfeited to state; disposal; immunity.
Sec. 14.
(1) Subject to sections 5g and 14a, all pistols, weapons, or devices carried or possessed contrary to this act are declared forfeited to the state, and shall be turned over to the director of the department of state police or his or her designated representative, for disposal under this section.
(2) The director of the department of state police shall dispose of firearms under this section by 1 of the following methods:
(a) By conducting a public auction in which firearms received under this section may be purchased at a sale conducted in compliance with section 4708 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4708, by individuals authorized by law to possess those firearms.
(b) By destroying them.
(c) By any other lawful manner prescribed by the director of the department of state police.
(3) Before disposing of a firearm under this section, the director of the department of state police shall do both of the following:
(a) Determine through the law enforcement information network whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the director of the department of state police shall provide 30 days' written notice of his or her intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if he or she is authorized to possess the firearm.
(b) Provide 30 days' notice to the public on the department of state police website of his or her intent to dispose of the firearm under this section. The notice shall include a description of the firearm and shall state the firearm's serial number, if the serial number can be determined. The department of state police shall allow the owner of the firearm to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under subdivision (a).
(4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.
History:
1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16763 ;-- Am. 1943, Act 113, Eff. July 30, 1943 ;-- CL 1948, 28.434 ;-- Am. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2010, Act 295, Imd. Eff. Dec. 16, 2010
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CCW
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Concealed Weapons
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CPL
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Right to Carry
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Shall Issue
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.451 - Short Title.

28.451 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan fireworks safety act".
History:
2011, Act 256, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.453 - Novelties; Inapplicability of Act.

28.453 Novelties; inapplicability of act.
Sec. 3.
This act does not apply to novelties. Nothing in this act allows a local unit of government to enact or enforce an ordinance, code, or regulation pertaining to, or in any manner regulating, the sale, storage, display for sale, transportation, use, or distribution of novelties.
History:
2011, Act 256, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.456 - Website; Establishment and Maintenance by Department; Registration With Low-Impact Fireworks Retail Registry; Application Fee; Failure to Register; Civil Fine.

28.456 Website; establishment and maintenance by department; registration with low-impact fireworks retail registry; application fee; failure to register; civil fine.
Sec. 6.
(1) The department shall establish and maintain, or cause to be established and maintained, an internet website that has as its purpose the protection of the residents of this state who purchase, use, or transport fireworks. The website must include, but is not limited to, both of the following:
(a) A list of every person that is issued a consumer fireworks certificate under section 4.
(b) A low-impact fireworks retail registry.
(2) A person shall not sell low-impact fireworks unless that person registers with the low-impact fireworks retail registry not less than 10 days before selling the fireworks in each calendar year and pays a $50.00 registry application fee for each retail location registered. For a person with multiple retail locations, the registry application fees in total shall not exceed $1,000.00. A person that holds a valid consumer fireworks certificate issued under section 4 is not required to register with the low-impact fireworks retail registry.
(3) If the department determines that a person that sells low-impact fireworks at retail has failed to register as described in this section, the department shall order the person to immediately cease the sale of low-impact fireworks until the person complies with subsection (2) and pay a civil fine of not more than $1,000.00. For a first violation of this section, if a person complies with subsection (2) within 30 days of receiving a notice of violation, the department shall waive the civil fine described in this subsection.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.457 - Local Ordinances.

28.457 Local ordinances.
Sec. 7.
(1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act.
(2) A local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks, including, but not limited to, an ordinance prescribing the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks. If a local unit of government enacts an ordinance under this subsection, the ordinance shall not regulate the ignition, discharge, or use of consumer fireworks on the following days after 11 a.m.:
(a) December 31 until 1 a.m. on January 1.
(b) The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.
(c) June 29 to July 4 until 11:45 p.m. on each of those days.
(d) July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(e) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
(3) An ordinance under subsection (2) shall impose a civil fine of $1,000.00 for each violation of the ordinance and no other fine or sanction. The ordinance must provide for the remittance of $500.00 of the fine collected under the ordinance to the local law enforcement agency responsible for enforcing the ordinance.
(4) Beginning August 1, 2019, a local unit of government with a population of 100,000 or more or a local unit of government located in a county with a population of 750,000 or more may enact or enforce an ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may include, but is not limited to, a restriction on the number of permits issued for a temporary structure, regulation of the distance required between 2 or more temporary structures, or a zoning ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may not prohibit the temporary storage, transportation, or distribution of fireworks by a consumer fireworks certificate holder at a retail location that is a permanent building or structure. As used in this subsection, "temporary structure" means a movable structure that is used in the sale, display, storage, transportation, or distribution of fireworks, including, but not limited to, a tent or a stand.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2013, Act 65, Imd. Eff. June 19, 2013 ;-- Am. 2018, Act 635, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.458 - Fireworks Safety Fee; Imposition; Payment; Deposit in Fireworks Safety Fund; Failure to Comply; Civil Fine.

28.458 Fireworks safety fee; imposition; payment; deposit in fireworks safety fund; failure to comply; civil fine.
Sec. 8.
(1) A user fee, known as the fireworks safety fee, is imposed on retail transactions made in this state for consumer fireworks and low-impact fireworks as provided in section 9.
(2) A person that acquires consumer fireworks or low-impact fireworks in a retail transaction is liable for the fireworks safety fee on the transaction and, except as otherwise provided in this act, shall pay the fireworks safety fee to the retailer as a separate added amount to the consideration in the transaction. The retailer shall collect the fireworks safety fee as an agent for the state.
(3) The fireworks safety fee shall be deposited in the fireworks safety fund.
(4) A person that fails to collect a fireworks safety fee as required under this section is responsible for a civil fine as follows:
(a) For a first violation, not more than $5,000.00. If the person is a retailer of low-impact fireworks and, within 30 days of receiving a notice of violation, the person remits to the department the estimated equivalent of the amount the person should have collected under this section, the department shall waive the civil fine described in this subdivision.
(b) For a second violation, not more than $20,000.00.
(c) For a third or subsequent violation, not more than $40,000.00.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2012, Act 257, Imd. Eff. July 2, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.459 - Fireworks Safety Fee; Determination; Rates; Collection Allowance.

28.459 Fireworks safety fee; determination; rates; collection allowance.
Sec. 9.
(1) Except as provided in subsections (2) and (3), the fireworks safety fee is determined by the gross retail income from consumer fireworks and low-impact fireworks received by a retail merchant in a retail unitary transaction of consumer fireworks and low-impact fireworks and is imposed before any taxes are applied at the following rates:
FIREWORKS SAFETY FEE
GROSS RETAIL INCOME FROM THE RETAIL UNITARY TRANSACTION
$
0
less than
$ 0.08
$ 0.01
at least $ 0.08
but less than
$ 0.24
$ 0.02
at least $ 0.24
but less than
$ 0.40
$ 0.03
at least $ 0.40
but less than
$ 0.56
$ 0.04
at least $ 0.56
but less than
$ 0.72
$ 0.05
at least $ 0.72
but less than
$ 0.88
$ 0.06
at least $ 0.88
but less than
$ 1.04
(2) On a retail unitary transaction in which the gross retail income received by the retail merchant is $1.04 or more, the fireworks safety fee is 6% of that gross retail income as determined before any taxes are applied.
(3) If the fireworks safety fee calculated under subsection (1) results in a fraction of 1/2 cent or more, the amount of the fireworks safety fee shall be rounded to the next additional cent.
(4) The retailer whose retail location is a permanent building or structure may retain 1% of the fireworks safety fees that the retailer collected under this section as a collection allowance.
History:
2011, Act 256, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.460 - Fireworks Safety Fees; Remittance; Forms; Manner; Payment Liability; Past Due Amounts; Aggregate Filing; Failure to Remit; Civil Fine.

28.460 Fireworks safety fees; remittance; forms; manner; payment liability; past due amounts; aggregate filing; failure to remit; civil fine.
Sec. 10.
(1) A person that holds a consumer fireworks certificate or that is a retailer of low-impact fireworks is responsible for remitting all fireworks safety fees, as described in section 9, to the department. The person shall remit the fees collected with a form provided and in a manner prescribed by the department. The person shall hold in trust for the state the fees collected until those fees are remitted to the state. An individual who holds a consumer fireworks certificate or who is a retailer of low-impact fireworks is personally liable for the payment of the fees collected.
(2) The department may refer for collection to the department of treasury past due amounts of the fireworks safety fee consistent with section 13 of 1941 PA 122, MCL 205.13 or may initiate subrogation for collection within the department.
(3) A person that is responsible for remitting the collected fireworks safety fees under subsection (1) shall remit those fees no later than 20 days after the end of each preceding month. A person that operates 25 or more retail locations in this state that are permanent buildings or structures may remit the collected fees in an aggregate filing under 1 common identification number as determined by the department.
(4) A person that fails to remit the collected fireworks safety fees, as described in subsection (1), is responsible for a civil fine as follows:
(a) For a first violation, not more than $5,000.00. If the person is a retailer of low-impact fireworks and, within 30 days of receiving a notice of violation, the person remits to the department the collected fees that are the subject of the violation, the department shall waive the civil fine described in this subdivision.
(b) For a second violation, not more than $20,000.00.
(c) For a third or subsequent violation, not more than $40,000.00.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2013, Act 65, Imd. Eff. June 19, 2013 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.461 - Fireworks Safety Fund; Creation Within Department of Treasury; Investment; Money Remaining in Fund; Lapse; Expenditures; Delegation of Inspection Duties; Program.

28.461 Fireworks safety fund; creation within department of treasury; investment; money remaining in fund; lapse; expenditures; delegation of inspection duties; program.
Sec. 11.
(1) The fireworks safety fund is created within the department of treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money deposited in the fund as follows:
(a) One hundred percent of the money received from fireworks safety fees under section 8 to be used for the training of firefighters under the direction and approval of the firefighters training council established under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(b) One hundred percent of the money received from consumer fireworks certificate fees under section 4 to administer this act and to pay the costs of delegating inspections under this act to local units of government under subsection (5).
(c) One hundred percent of the money received from the fees collected under section 11 of the firefighters training council act, 1966 PA 291, MCL 29.371, to be used for the training of firefighters under the direction and approval of the firefighters training council established under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(5) The department may establish a program for delegating inspection duties under this act to 1 or more local units of government. If a local unit of government agrees to carry out inspections, the department shall pay 50% of the consumer fireworks certificate fee paid by each retail location inspected by the local unit of government and retain the remaining 50% of that fee. If a local unit of government declines to participate in the program described in this subsection, the department shall retain its inspection duties under this act.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2013, Act 65, Imd. Eff. June 19, 2013 ;-- Am. 2017, Act 145, Eff. Jan. 31, 2018 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.463 - Repealed. 2018, Act 634, Imd. Eff. Dec. 28, 2018.

28.463 Repealed. 2018, Act 634, Imd. Eff. Dec. 28, 2018.
Compiler's Notes:
The repealed section pertained to requiring a wholesaler to maintain a resident agent.
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.464 - Identification of Firework in Violation of Act; Investigation; Determination of Violation; Seizure; Criminal or Civil Proceedings.

28.464 Identification of firework in violation of act; investigation; determination of violation; seizure; criminal or civil proceedings.
Sec. 14.
(1) A governmental or law enforcement agency that identifies a firework that is in violation of this act shall secure the firework and immediately notify the department of the alleged violation. The department or law enforcement agency shall investigate the alleged violation for compliance with this act.
(2) If the department or law enforcement agency determines through its investigation under subsection (1) that a violation of this act has occurred, except for a violation of section 6(2), the department or law enforcement agency may seize the firework as evidence of the violation. The department or law enforcement agency shall store, or cause to be stored, the evidence seized under this section pending disposition of any criminal or civil proceedings arising from the violation. If the person subject to criminal or civil proceedings under this section is found guilty, responsible, or liable for the violation, the person shall be required to pay the storage expense for the evidence seized.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.465 - Storage of Seized Fireworks; Disposal or Destruction; Storage and Disposal Costs; Use for Training Purposes.

28.465 Storage of seized fireworks; disposal or destruction; storage and disposal costs; use for training purposes.
Sec. 15.
(1) Fireworks seized for an alleged violation of this act shall be stored in compliance with this act and the rules promulgated under this act.
(2) Following a final disposition of an appeal of a conviction under this act that affirms the conviction, the department may dispose of or destroy any fireworks retained as evidence in that prosecution.
(3) A person from whom fireworks are seized under this act shall pay the actual costs of storage and disposal of the seized fireworks if found guilty, responsible, or liable for a violation under this act.
(4) The department may use fireworks described in subsection (2) for training purposes.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018