Case Summary The Michigan Supreme Court reversed the Court of Appeals and reinstated the defendant’s conviction for...
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?
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.
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.
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