Urgent Michigan Firearm Industry Alert: New Requirements Going Into Effect

As a result of strict gun control legislation passed and enacted in Michigan in 2023, the new year means new requirements will go into effect on Tuesday, February 13, 2024, for Michigan firearm industry businesses, including retailers and manufacturers.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will be holding an informational seminar to go over all important information and new developments regarding the new laws. NSSF^® encourages industry members to participate – the seminar information can be found here, and will be held on Thursday, January 18, 2024, from 1 – 3 p.m.

Please review the following critical information below. This information compiled by the National Shooting Sports Foundation is for informational purposes only and is not intended to constitute legal advice. All member FFLs are encouraged to consult with an attorney to ensure your business remains in compliance with all newly enacted laws effecting the firearm and ammunition industry in Michigan.
 

Public Acts 14, 15, 16, 17 of 2023

• 2023 PA 17 (S.B. 79), amends MCL 28.429 (1927 PA 372), the handgun licensure act, imposes requirements on an individual who stores or leaves a firearm unattended on premises under the individual’s control, or who enters onto the premises of another individual and stores or leaves a firearm unattended on those premises, and who knows or reasonably should know that a minor (individual less than 18 years of age) is, or is likely to be, present on those premises. The amendments to the Act requires an individual to one or more of the following:
  • Store the firearm in a locked box or container;
  • Keep the firearm unloaded and lock the firearm with a locking device that is properly engaged to render the firearm inoperable by anyone other than the owner or authorized user.
  • Alternatively, the owner of a firearm can keep the firearm in a locked container in the owner’s vehicle, or keep the firearm unloaded in the vehicle, lock the firearm with a locking device, and lock the vehicle.
  • An individual who fails to comply with these requirements is guilty of a felony if a minor obtains the firearm, discharges it, and inflicts death or serious impairment of a body function upon themselves or another individual.  
•  The Act also amends MCL 28.435 and imposes the following requirements on a federal firearms licensee (FFL):
  • The sale of a firearm must include a commercially available trigger lock or other device designed to disable the firearm and prevent the discharge of the firearm; OR
  • The sale of the firearm must include a commercially available gun case or storage container that can be secured to prevent unauthorized use of the firearm.
  • These requirements can be waived if the purchaser presents a locking device or storage container to the FFL dealer at the time of sale together with a copy of the purchase receipts for the dealer to keep.
  • Upon sale of the firearm the FFL dealer is required to sign a statement and require the purchaser to sign a statement that the requirements described above have been met. An FFL dealer is prohibited from selling a firearm in Michigan unless the sale is accompanied by a free brochure or pamphlet that includes safety information on the use and storage of the firearm in a home environment.
  • The bill additionally requires the sale to include the lethal means counseling literature published by DHHS and a written warning informing the purchaser of the penalties for failing to store or leave a firearm as required by the bill.
  • In addition, the act requires a FFL dealer to post a notice regarding firearms storage in a conspicuous manner at the entrances, exits, and all points of sale on the premises where firearms are sold.
     
• 2023 PA 81 and 82 amend the Use Tax Act and the General Sales Tax Act (MCL 205.54ll and MCL 205.94ll) to exempt firearm safety devices from the sales and use taxes beginning 90 days after the applicable bill’s effective date and through December 31, 2024.
  • Firearm safety devices means equipment that is designed to prevent unauthorized access to, or operation or discharge of, a firearm and is either of the following:
    • A device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device.
    • A gun safe, gun case, lockbox, or other device that is designed, in light of materials used, to prevent access to a firearm by any means other than a key, a combination, biometric data, or other similar means.
  • However, the term does not include a glass-faced cabinet or other form of storage that is primarily designed to allow for the display of firearms. The bills require a seller to provide to the purchaser, upon the retail sale or transfer of a firearm, a notice that says: “The state of Michigan has exempted the sale of firearm safety devices from the sales and use tax imposed by this state through December 31, 2024.” The notice also must be posted in a conspicuous manner at all points of sale on the premises where firearms are sold.

2023 PA 18 (HB 4142)

• 2023 PA 18 amends various provisions of the Michigan Penal Code that prescribe criminal penalties for violations of section 2 of the handgun licensure act. The bill changes references from “pistols” to “firearms” in provisions that describe violations of the House Fiscal Agency HBs 4138, 4142, and 4143 as enrolled Page 5 of 6 handgun licensure act. The bill would not change the penalties themselves. (Note that pistol and firearm have the same definitions as in HB 4138.)
  • A person who knowingly sells a pistol without complying with section 2 of the handgun licensure act is guilty of a misdemeanor punishable by imprisonment for up to 90 days or a fine of up to $100, or both.

2023 PA 19 (HB 4138)

• 2023 PA 19 amends various statutes regulating the sale of firearms.
• The Act amends MCL 28.422 to require an individual to obtain a license to purchase a pistol in most situations prior to the actual purchase. The Act is written in broad terms to include firearms generally, but as will be discussed, in most situations the purchase of firearms other than pistols do not generally require a license to be obtained prior to purchase.
• The Act amends MCL 28.422a to state that no separate license is required to purchase a firearm (including a pistol) by an individual who holds a valid CPL (unless the individual was issued on an emergency CPL under section 5a(4) or has a receipt serving as a CPL under section 5b(9) or 5l(3); in that case a separate license is required); the individual is an FLF dealer; or the individual is a police officer. Upon purchase, the seller is required to report the sale to MSP with the purchaser’s CPL license number; the FLF number; or the MCOLES number. All other pistol sales require the separate license.
• The Act adds MCL 28.422a(1)(d), which states the sale of firearms other than a pistol does not require a separate license if the purchaser has a federal national instant criminal background check performed by an FFL dealer not more than 5 days before the purchase. The seller must report the details of the sale to MSP as required by the statute.

NSSF will continue to monitor and provide our members with critical updates and information as the February 13 implementation date approaches.