Improper Transport of a Firearm in Michigan

Improper Transport of a Firearm in Michigan

Improper Firearms Transport, Storage Laws and Penalties

Michigan law makes improper gun transport a misdemeanor crime under MCL 750.227d. Firearms can be confiscated and sometimes not returned, but attorneys can file motions under Michigan Court Rules (MCR) to seek their release. Below is a clear overview of the law, penalties, procedures, and real case examples.

Michigan Improper Gun Transport Laws

Statute: MCL 750.227d 

Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following:

(a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:

(i) Taken down.
(ii) Enclosed in a case.
(iii) Carried in the trunk of the vehicle.
(iv) Inaccessible from the interior of the vehicle.

(b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following:

(i) Taken down.
(ii) Enclosed in a case.
(iii) Carried in the trunk of the vehicle.
(iv) Inaccessible from the interior of the vehicle.

(2) A person who violates this section 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.

Type of Crime: Violations are classified as misdemeanors, not felonies

Penalties: Conviction may result in up to 90 days in jail, fines, and confiscation of the firearm

Handguns and Pistols are Different

In Michigan, improper storage and transportation of a pistol can lead to serious legal consequences. Here are the key points to consider:
Secure Storage: Firearms must be stored in a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar device. This is crucial to prevent unauthorized access, especially by minors.

Transportation Regulations: Firearms must be transported in a manner that ensures they are unloaded and inaccessible from the vehicle. This includes storing them in a locked box or container, carrying them in the trunk, or ensuring they are enclosed in a case designed for the gun.

Penalties: Violating these regulations can result in misdemeanor charges, with penalties including imprisonment for up to 90 days or a fine of up to $100.00. In more severe cases, such as when a minor is injured or killed, the penalties can escalate to felony charges with imprisonment for up to 15 years or a fine of up to $10,000.

It is essential for firearm owners in Michigan to comply with these laws to ensure public safety and prevent preventable harm. Failure to do so can lead to legal penalties and serious consequences.

Michigan Firearm Storage Penalties

What are the firearm storage requirements under Michigan’s safe storage law?

Read about it here

Why Firearms Are Confiscated and Not Returned

Courts or police may keep firearms when:

  • The weapon was involved in a crime.
  • The owner is prohibited from possessing firearms due to felony conviction or protective orders.
  • Under Michigan’s Extreme Risk Protection Order (ERPO) law, guns can be seized if someone is deemed a danger.
  • Or because they want to

Michigan – Felons, Non Felons and Domestic Violence.

In Michigan, individuals who are not felons and have not been convicted of specified felonies may still face restrictions on their firearm rights. The state has a criminal statute that prohibits convicted felons and people convicted of crimes of domestic violence from possessing firearms. The statute is MCL 750.224f, which effectively removes firearm rights for those convicted of specific felonies.

For non-felons, the process to restore firearm rights involves waiting three years after completing all penalties for the conviction, which includes paying fines, serving incarceration, and completing probation or parole. If the individual meets these requirements, their firearm rights will be automatically restored after three years.

However, for specified felonies, the process is more complicated. Individuals must wait five years after paying all fines, serving all terms of imprisonment, and completing probation or parole before they can petition the circuit court for restoration of their firearm rights. The court will consider various factors, including rehabilitation and public safety concerns, before making a decision.
It is important for individuals to understand the specific laws and processes that apply to their situation to ensure they can successfully restore their firearm rights.

MSP Legal Update 2023 regarding MCL 750.224f

Procedures Attorneys Use to Seek Return

An attorney may:

  • File a motion for return of property under MCR 6.310 (post-conviction relief).
  • Petition the court under MCR 2.604 for property release if the case is dismissed.
  • Provide proof of lawful ownership and eligibility to possess firearms.
  • Challenge confiscation under constitutional grounds if rights were violated.

What Needs to Be Filed

Motion for Return of Property (citing MCR rules).

  • Supporting documents: proof of ownership, CPL license if applicable, and evidence of compliance with firearm laws.
  • In ERPO cases, attorneys may file a motion to terminate the order.

Case Examples

People v. Schultz (2020) – Court addressed restoration of firearm rights after felony conviction. Benchbook

Battle Creek ERPO Case (2024) – Guns seized from a man threatening his wife; court upheld confiscation. (News Article)
Extreme Risk Protection Order (ERPO) Manual.

Oakland County Case (2025) – Defendant convicted of improper transport; firearm not returned due to violation of MCL 750.227d (court record reference).

Frequently Asked Questions (FAQs)

 

Q: Is improper gun transport in Michigan a felony?

A: No, it is a misdemeanor under MCL 750.227d.

Q: Can my gun be taken even if I wasn’t convicted?

A: Yes, under ERPO laws or if police believe the firearm is evidence.

Q: What Michigan Court Rule applies to getting property back?

A: Attorneys often use MCR 6.310 or MCR 2.604 to file motions for return.

Q: How long can the court keep my firearm?

A: Until the case is resolved or until a judge orders its release.

Q: Do I need a lawyer to get my gun back?

A: Yes, because the process involves legal filings and hearings that require professional representation.

Legal Defense: Komorn Law PLLC

If you or someone you know is facing firearms related charges,  Attorney Michael Komorn is an aggressive defense and offense advocate. If you are looking to fight a firearms charge from criminal allegations or out of the principle of second amendment rights, hire Komorn Law.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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House Bill 5107 – The MRTMA Shuffle

House Bill 5107 – The MRTMA Shuffle

Michigan House Bill 5105 proposes new marijuana penalties and possession limits to combat illicit cannabis operations.

Michigan’s Cannabis Regulation Challenges

Since Michigan legalized recreational marijuana in 2018 under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), the state has faced ongoing challenges with illegal grow operations and unlicensed distribution. The Cannabis Regulatory Agency (CRA) has struggled to enforce limits on personal possession and cultivation, especially when large-scale operations disguise themselves as personal use.

To address these concerns, lawmakers introduced House Bill 5107 on October 22, 2025, sponsored by Rep. Mike Hoadley and co-sponsored by several others. The bill aims to amend Sections 5 and 15 of MRTMA (MCL 333.27955 and MCL 333.27965) to redefine the allowable amounts of marijuana for personal use and possession

What HB 5107 Proposes

HB 5107 modifies the legal thresholds for marijuana possession and cultivation. The bill proposes reducing the number of plants and the amount of usable marijuana individuals can possess without triggering criminal penalties. It also clarifies the distinction between personal use and commercial-scale activity.

The bill is tie-barred to HB 5105, meaning both must be passed together. HB 5105 updates the penalties for marijuana-related offenses, while HB 5107 sets the legal possession limits. This ensures that enforcement is consistent and that penalties are applied fairly based on updated thresholds.

Don’t worry the bill is tie-barred to House Bill 5105

How HB 5105 and HB 5107 Work Together

  • HB 5105 amends the Michigan Public Health Code (MCL 333.7401) to redefine criminal penalties for marijuana-related offenses. It introduces tiered penalties based on the amount of marijuana or concentrate possessed or manufactured.
  • HB 5107 amends the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27955 and MCL 333.27965) to modify the allowable amounts of marijuana for personal use and possession.

Because HB 5105 sets penalties and HB 5107 sets the legal possession limits, the two bills are interdependent. For example, if HB 5107 changes the legal threshold for personal possession, HB 5105 must reflect those changes in its penalty structure. The tie-bar ensures that enforcement and legal standards remain aligned.

Read the HB5105 article HERE (But finish this article first)

You can read the full bill texts here:

What Does “Tie-Barred” Mean?

In Michigan legislative terms, a tie-bar means that one bill is legally connected to another. If two bills are tie-barred, they must both be passed for either to take effect. This ensures that related legal changes are implemented together, maintaining consistency across statutes.

Key Details of HB 5107

  • Introduced: October 22, 2025

  • Sponsors: Rep. Mike Hoadley (R-99), Joseph Aragona, Ken Borton, Parker Fairbairn, Douglas Wozniak, Jerry Neyer

  • Committee: House Regulatory Reform

  • Purpose: Modify allowable marijuana possession and cultivation limits

  • Tie-Barred: Must be passed alongside HB 5105

Proposed Possession Limits

  • Usable Marijuana:

    • Reduced personal possession limits for flower and concentrate

    • Clarifies what constitutes “personal use” vs. trafficking

  • Cultivation:

    • Limits the number of plants individuals can grow at home

    • Sets thresholds that trigger misdemeanor or felony charges under HB 5105

You can read the full bill texts here:

View the relevant law at [MCL 333.7401]

Frequently Asked Questions (FAQs)

FAQs About HB 5107

Q1: What does “tie-barred” mean in HB 5107? A1: It means HB 5107 cannot become law unless HB 5105 is also passed. They are legally linked.

Q2: Does HB 5107 affect medical marijuana users? A2: HB 5107 targets recreational possession limits. Registered medical users following state guidelines are not directly affected.

Q3: Is HB 5107 currently law? A3: No. As of November 2025, HB 5107 is still under review by the House Regulatory Reform Committee.

Legal Defense: Komorn Law PLLC

If you or someone you know is facing marijuana-related charges under from the cannabis enforcement teams or federal drug laws, Attorney Michael Komorn of Komorn Law PLLC offers aggressive and strategic defense. With decades of experience in cannabis law and federal litigation, Komorn Law understands the nuances of Michigan’s evolving marijuana regulations and how to challenge overreach or misapplication in court.

Komorn Law can:

  • Challenge unlawful search and seizure
  • Dispute quantity assessments and intent
  • Navigate federal vs. state law conflicts
  • Advocate for reduced or dismissed charges
Attorney Michael Komorn

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State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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House Bill 5105 – The MRTMA Shuffle

House Bill 5105 – The MRTMA Shuffle

Michigan House Bill 5105 proposes new marijuana penalties and possession limits to combat illicit cannabis operations.

Michigan’s Cannabis Laws

Since Michigan legalized recreational marijuana in 2018, the state has worked to balance personal freedom with public safety. However, large-scale illegal grow operations and unregulated cannabis distribution continue to challenge law enforcement and the Cannabis Regulatory Agency (CRA). In response, lawmakers introduced a series of bills in October 2025 to tighten regulations and redefine penalties.

One of the most prominent proposals is House Bill 5105, introduced on October 22, 2025, by Rep. Pauline Wendzel and others. The bill aims to amend Section 7401 of the Michigan Public Health Code (MCL 333.7401) to update criminal penalties for marijuana-related offenses based on quantity and intent

What HB 5105 Proposes

HB 5105 seeks to distinguish between personal use and large-scale illegal operations by setting clear thresholds for marijuana possession and manufacturing. The bill introduces tiered penalties based on weight, plant count, and concentrate volume.

For example, possessing 10 to 25 kilograms of marijuana or 50 to 100 plants would result in a misdemeanor, while quantities exceeding 250 kilograms or 1,000 plants could lead to felony charges with up to 10 years in prison.

The bill also addresses marijuana concentrates, which have grown in popularity. Possession of 1 to 2.5 kilograms of concentrate would be treated as a misdemeanor, while more than 10 kilograms could trigger felony charges. These changes aim to give law enforcement clearer guidelines and help the CRA target large-scale illicit operations more effectively

Don’t worry the bill is tie-barred to House Bill 5107

How HB 5105 and HB 5107 Work Together

  • HB 5105 amends the Michigan Public Health Code (MCL 333.7401) to redefine criminal penalties for marijuana-related offenses. It introduces tiered penalties based on the amount of marijuana or concentrate possessed or manufactured.
  • HB 5107 amends the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27955 and MCL 333.27965) to modify the allowable amounts of marijuana for personal use and possession.

Because HB 5105 sets penalties and HB 5107 sets the legal possession limits, the two bills are interdependent. For example, if HB 5107 changes the legal threshold for personal possession, HB 5105 must reflect those changes in its penalty structure. The tie-bar ensures that enforcement and legal standards remain aligned.

You can read the full bill texts here:

What Does “Tie-Barred” Mean?

In Michigan legislative terms, a tie-bar means that one bill is legally connected to another. If two bills are tie-barred, they must both be passed for either to take effect. This ensures that related legal changes are implemented together, maintaining consistency across statutes.

Key Details of HB 5105

  • Introduced: October 22, 2025

  • Sponsors: Reps. Wendzel, Aragona, Borton, Fairbairn, Wozniak, Neyer

  • Committee: Regulatory Reform

  • Purpose: Amend penalties under MCL 333.7401 for marijuana-related crimes

  • Focus Areas:

    • Unlicensed manufacturing

    • Possession thresholds for flower and concentrate

    • Differentiation between personal and commercial-scale offenses

Penalty Breakdown

  • Misdemeanor Offenses:

    • 10–25 kg of marijuana

    • 50–100 plants

    • 1–2.5 kg of concentrate

  • Felony Offenses:

    • Over 250 kg of marijuana

    • Over 1,000 plants

    • Over 10 kg of concentrate

    • Up to 10 years imprisonment for highest tier offenses

Frequently Asked Questions (FAQs)

What is Michigan House Bill 5105?

Answer: House Bill 5105 is a proposed amendment to Michigan’s Public Health Code (MCL 333.7401) that redefines criminal penalties for marijuana-related offenses. It introduces tiered punishments based on the amount of marijuana or concentrate possessed or manufactured, aiming to target large-scale illegal cannabis operations while distinguishing them from personal use.

Who introduced HB 5105 and why?

Answer: HB 5105 was introduced on October 22, 2025, by Rep. Pauline Wendzel and co-sponsored by several other lawmakers. The bill was created in response to growing concerns about unlicensed marijuana grow operations and trafficking, which pose risks to public safety and undermine Michigan’s regulated cannabis market.

What are the proposed penalties under HB 5105?

Answer: The bill proposes penalties based on possession thresholds:

  • Misdemeanor: 10–25 kg of marijuana, 50–100 plants, or 1–2.5 kg of concentrate.
  • Felony: Over 250 kg of marijuana, over 1,000 plants, or over 10 kg of concentrate, with up to 10 years imprisonment.

These penalties are designed to differentiate between personal use and commercial-scale illegal activity.

Does HB 5105 affect medical marijuana patients?

Answer: No, HB 5105 does not directly target registered medical marijuana patients who comply with Michigan’s medical cannabis laws. The bill focuses on unlicensed manufacturing and possession beyond legal limits, particularly in cases involving trafficking or large-scale cultivation.

Is HB 5105 currently law?

Answer: As of November 2025, HB 5105 is still under review by the House Regulatory Reform Committee. It has not yet been passed into law. You can track its progress and read the full bill text on the Michigan Legislature Website.

Legal Defense: Komorn Law PLLC

If you or someone you know is facing marijuana-related charges under from the cannabis enforcement teams or federal drug laws, Attorney Michael Komorn of Komorn Law PLLC offers aggressive and strategic defense. With decades of experience in cannabis law and federal litigation, Komorn Law understands the nuances of Michigan’s evolving marijuana regulations and how to challenge overreach or misapplication in court.

Komorn Law can:

  • Challenge unlawful search and seizure
  • Dispute quantity assessments and intent
  • Navigate federal vs. state law conflicts
  • Advocate for reduced or dismissed charges
Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Viridis Labs Barred from Michigan’s Cannabis Industry

Viridis Labs Barred from Michigan’s Cannabis Industry

The Cannabis Regulatory Agency (CRA) has announced a landmark settlement, permanently banning three former law enforcement officials from participating in Michigan’s cannabis market. The agreement mandates the immediate closure of Viridis Laboratories and its sister facility, Viridis North, after years of regulatory disputes over allegations of fraudulent testing.

The majority owners of the labs—former Michigan State Police forensic director Greg Michaud, forensic scientist Todd Welch, and former toxicologist Dr. Michele Glinn—have been prohibited for life from holding any role in the state’s cannabis industry. This decisive action concludes a protracted legal and administrative battle, affirming the CRA’s authority to enforce scientific integrity and consumer protection within the market.

A Pattern of Non-Compliance and Regulatory Conflict

Since its founding in 2018, Viridis Laboratories—which once claimed its founders’ law enforcement backgrounds provided superior credibility—drew intense scrutiny from regulators and competitors. The labs were accused of employing unapproved testing methods, inflating THC levels, and downplaying the presence of harmful contaminants, directly undermining the state’s rigorous safety standards.

The conflict escalated in 2021 when the CRA ordered the largest recall in Michigan history, removing an estimated $229 million worth of products from shelves due to unreliable test results from Viridis. A subsequent administrative law judge’s ruling in March found that the company repeatedly violated state rules by failing to follow its own protocols, misidentifying mold, and maintaining inadequate records. Despite these findings, Viridis continued to operate while challenging the CRA in court, with its lawsuits being repeatedly dismissed.

The Precedent Set by the Settlement

The settlement marks a critical moment for regulatory oversight in Michigan’s cannabis industry. By admitting to all violations detailed in six formal complaints and dropping its remaining legal challenges, Viridis has acknowledged a “sustained, deliberate pattern of noncompliance” that, according to CRA Executive Director Brian Hanna, “shook confidence in the entire regulated cannabis system.”

This resolution sends a clear message that scientific integrity is the non-negotiable foundation of the cannabis market. For legal professionals and industry stakeholders, this case highlights the severe consequences of regulatory non-compliance and the importance of adhering to stringent safety protocols. As the industry continues to evolve, this settlement will serve as a powerful precedent for future enforcement actions, emphasizing that ethics and transparency are paramount to a business’s continued operation and legal standing.

Aggressive Defense in any Courtroom

For anyone facing charges –  Attorney Michael Komorn of Komorn Law PLLC brings extensive experience in criminal defense in any Michigan court, including Federal Court. Call the office to to hire us. 248-357-2550

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Official Notification of Marijuana Product Recall

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We represent clients throughout the

State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Appeals Court Reaffirms Strict One-Year Deadline for Suing the State of Michigan

Appeals Court Reaffirms Strict One-Year Deadline for Suing the State of Michigan

Michigan Court of Appeals reiterated that there are no exceptions to the one-year deadline for filing lawsuits against the state of Michigan.

Summary

In a decision issued on July 30, 2025, the Michigan Court of Appeals reiterated that there are no exceptions to the one-year deadline for filing lawsuits against the state of Michigan. This ruling potentially impacts plaintiffs who filed claims outside this timeframe, even if previous conflicting court decisions suggested otherwise.

Background

Suing a governmental entity, including the state, often involves specific procedural rules and shorter statutes of limitations compared to lawsuits against private parties. These rules are designed to protect public funds and ensure timely notice of claims. For some time, there had been conflicting interpretations within the Michigan courts regarding exceptions to the standard one-year period for bringing claims against the state. This created uncertainty for both plaintiffs and their legal counsel.

Details

  • Date of Decision: July 30, 2025.

  • Court: Michigan Court of Appeals.

  • Key Ruling: No exceptions exist to the one-year deadline for suing the state of Michigan.

  • Impact: This decision clarifies the strict adherence to the one-year deadline, potentially leading to the dismissal of cases that were filed outside this window but during periods of conflicting legal guidance. It underscores the critical importance of prompt action when pursuing claims against the state.

  • Future Implications: Attorney Jon Marko, representing affected plaintiffs, has indicated plans to appeal this decision to the Michigan Supreme Court, where the issue originated two years prior.

Aggressive Defense in any Courtroom

For anyone facing charges –  Attorney Michael Komorn of Komorn Law PLLC brings extensive experience in criminal defense in any Michigan court, including Federal Court. Call the office to to hire us. 248-357-2550

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Conversion of Funds by Fraud or Embezzlement in Michigan

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We represent clients throughout the

State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Supreme Court Precedent Ignored by Lower Courts in Union Payment Cases

Supreme Court Precedent Ignored by Lower Courts in Union Payment Cases

Should public employees retain the right to stop supporting a union, regardless of a prior written membership agreement, as guaranteed by the U.S. Supreme Court?

In a concerning trend for individual worker rights, lower courts are reportedly ignoring a key U.S. Supreme Court decision, Janus v. AFSCME, to continue enforcing mandatory union payments from public employees. This issue, highlighted in an amicus brief filed with the Supreme Court on July 24, 2025, by the National Right to Work Legal Defense Foundation and the Mackinac Center for Public Policy, argues that states and unions are circumventing the 2018 Janus ruling, which declared it unconstitutional to compel public employees to pay union fees without their clear and affirmative consent. The brief urges the Supreme Court to step in and ensure its precedent is respected, protecting the First Amendment rights of millions of public workers.

Background on Public Sector Union Payments and the Janus Decision

For decades, many public employees in states without “Right-to-Work” laws were required to pay “agency fees” or “fair share fees” to a public sector union as a condition of employment, even if they chose not to be full union members. These fees were intended to cover the costs of collective bargaining, contract administration, and grievance procedures from which non-members benefited. This practice was upheld by the Supreme Court in the 1977 case Abood v. Detroit Board of Education, which reasoned that requiring these payments prevented “free riders” who benefited from union representation without contributing to its costs.

However, the legal landscape shifted dramatically with the Supreme Court’s 2018 decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME). In a 5-4 ruling, the Court overturned Abood, holding that requiring public employees to pay agency fees violated their First Amendment rights to free speech and association. The Janus Court stated that “neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.” This meant that public employees could no longer be forced to financially support a union as a condition of employment.

Finish this Article then Comeback and Read

Michigan’s Freedom to Work Law Killed in 2024

Lower Courts and States Sidestep Supreme Court Mandate

Despite the clear mandate from Janus, the National Right to Work Legal Defense Foundation and the Mackinac Center for Public Policy contend that at least 17 states and numerous unions are implementing tactics to undermine the ruling. These tactics often involve restrictive “opt-out” windows, sometimes as narrow as 10-15 days per year or even once per multi-year contract, during which employees can stop payroll deductions for union dues. If an employee misses this window, they can be forced to continue paying for years, even after resigning union membership.

Even more concerning, several U.S. Circuit Courts have ruled that governments and unions can continue deducting dues without “clear and compelling evidence” of an employee’s knowing and voluntary waiver of their First Amendment right to opt out. Instead, these courts have allowed union contract fine print and procedural hurdles to effectively trap employees in payment obligations. The Ninth Circuit, in particular, has been criticized for ruling that states can seize union dues based solely on a union’s assertion of consent, even if that claim is false, and that unions themselves are not “state actors” bound by constitutional limits despite directing government payroll deductions. This, the brief argues, directly contradicts the spirit and letter of the Janus decision.

Key details of the ongoing issue:

  • Supreme Court Precedent: Janus v. AFSCME (2018) ruled that public employees cannot be forced to pay union fees without affirmative consent.

  • Alleged Violations: States and unions are using restrictive “opt-out” windows and relying on weak consent standards to continue collecting fees.

  • Lower Court Rulings: Six U.S. Circuit Courts have allowed unions and governments to keep deducting dues without clear evidence of employee consent.

  • Specific Example: The Ninth Circuit’s ruling in Wright v. SEIU Local 503 stated that states could seize dues based on a union’s assertion of consent, even if unverified.

  • Organizations Challenging: National Right to Work Legal Defense Foundation and Mackinac Center for Public Policy filed an amicus brief on July 24, 2025, urging Supreme Court intervention.

  • Impact on Employees: Millions of public employees may be forced to pay for union speech they oppose due to missed narrow opt-out windows or insufficient consent standards.

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Frequently Asked Questions (FAQs)

  • What was the main outcome of Janus v. AFSCME? The Janus decision ruled that public sector employees cannot be forced to pay agency fees to a union as a condition of employment. They must give clear and affirmative consent for any payroll deductions to a union.
  • What are “agency fees” or “fair share fees”? These were payments made by public employees who chose not to join a union but were still required to contribute to the cost of collective bargaining, contract administration, and grievance processes, from which they benefited. Janus declared these unconstitutional without affirmative consent.
  • Does the Janus decision apply to private sector employees? No, Janus v. AFSCME specifically applies to public sector employees. Private sector employees may still be subject to union security clauses in non-Right-to-Work states, as governed by the National Labor Relations Act (NLRA).
  • What is a “Right-to-Work” state? A “Right-to-Work” state is one that has laws prohibiting union security agreements, meaning employees cannot be required to join a union or pay union dues/fees as a condition of employment. Michigan’s Right-to-Work law was repealed in 2023, effective in early 2024.
  • What should a public employee do if they believe their Janus rights are being violated? If a public employee believes they are being forced to pay union fees without their affirmative consent, or if they are being restricted by narrow opt-out windows, they should seek legal counsel. Organizations like the National Right to Work Legal Defense Foundation also provide resources.

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