Michigan Compiled Laws

Mich. Comp. Laws § 28.421 (2026)

Definitions; lawful owning, possessing, carrying, or transporting of pistol greater than 26 inches in length; conditions; firearm not considered as pistol; election.

✓ current as of July 2026
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FIREARMS


Act 372 of 1927


28.421 Definitions; lawful owning, possessing, carrying, or transporting of pistol greater than 26 inches in length; conditions; firearm not considered as pistol; election.

Sec. 1.

    (1) As used in this act:

    (a) "Corrections officer of the department of corrections" means a state correctional officer as that term is defined in section 2 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791.502.

    (b) "Felony" means, except as otherwise provided in this subdivision, that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation of a law of the United States or another state that is designated as a felony or that is punishable by death or by imprisonment for more than 1 year. Felony does not include a violation of a penal law of this state that is expressly designated as a misdemeanor.

    (c) "Firearm" means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.

    (d) "Firearms records" means any form, information, or record required for submission to a government agency under sections 2, 2a, 2b, and 5b, or any form, permit, or license issued by a government agency under this act.

    (e) "Local corrections officer" means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.

    (f) "Misdemeanor" means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both.

    (g) "Parole or probation officer of the department of corrections" means any individual employed by the department of corrections to supervise felony probationers or parolees or that individual's immediate supervisor.

    (h) "Peace officer" means, except as otherwise provided in this act, an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602, by this state or another state, a political subdivision of this state or another state, or the United States, and who is required to carry a firearm in the course of the individual's duties as a law enforcement officer.

    (i) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.

    (j) "Purchaser" means a person who receives a firearm from another person by purchase or gift.

    (k) "Reserve peace officer", "auxiliary officer", or "reserve officer" means, except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act.

    (l) "Retired corrections officer of the department of corrections" means an individual who was a corrections officer of the department of corrections and who retired in good standing from the individual's employment as a corrections officer of the department of corrections.

    (m) "Retired federal law enforcement officer" means an individual who was an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility was enforcing laws of the United States, who was required to carry a firearm in the course of the individual's duties as a law enforcement officer, and who retired in good standing from the individual's employment as a federal law enforcement officer.

    (n) "Retired parole or probation officer of the department of corrections" means an individual who was a parole or probation officer of the department of corrections and who retired in good standing from the individual's employment as a parole or probation officer of the department of corrections.

    (o) "Retired police officer" or "retired law enforcement officer" means an individual who was a police officer or law enforcement officer who was licensed or certified as described in the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and retired in good standing from the individual's employment as a police officer or law enforcement officer. A police officer or law enforcement officer retired in good standing if the individual receives a pension or other retirement benefit for the individual's service as a police officer or law enforcement officer or actively maintained a Michigan commission on law enforcement standards or equivalent state certification or license from this state or another state for not less than 10 consecutive years.

    (p) "Seller" means a person who sells or gives a firearm to another person.

    (q) "State court judge" means a judge of the district court, circuit court, probate court, or court of appeals or justice of the supreme court of this state who is serving either by election or appointment.

    (r) "State court retired judge" means a judge or justice described in subdivision (q) who is retired, or a retired judge of the recorders court.

    (2) A person may lawfully own, possess, carry, or transport as a pistol a firearm greater than 26 inches in length if all of the following conditions apply:

    (a) The person registered the firearm as a pistol under section 2 or 2a before January 1, 2013.

    (b) The person who registered the firearm as described in subdivision (a) has maintained registration of the firearm since January 1, 2013 without lapse.

    (c) The person possesses a copy of the license or record issued to the person under section 2 or 2a.

    (3) A person who satisfies all of the conditions listed under subsection (2) nevertheless may elect to have the firearm not be considered to be a pistol. A person who makes the election under this subsection shall notify the department of state police of the election in a manner prescribed by that department.

    

    

History: 1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16749 ;-- CL 1948, 28.421 ;-- Am. 1964, Act 216, Eff. Aug. 28, 1964 ;-- Am. 1992, Act 219, Imd. Eff. Oct. 13, 1992 ;-- Am. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2002, Act 719, Eff. July 1, 2003 ;-- Am. 2008, Act 407, Eff. Apr. 6, 2009 ;-- Am. 2012, Act 243, Eff. Jan. 1, 2013 ;-- Am. 2014, Act 203, Eff. Dec. 21, 2014 ;-- Am. 2015, Act 3, Eff. Dec. 1, 2015 ;-- Am. 2015, Act 16, Eff. July 13, 2015 ;-- Am. 2015, Act 25, Eff. July 1, 2015 ;-- Am. 2015, Act 207, Eff. Dec. 1, 2015 ;-- Am. 2016, Act 301, Eff. Jan. 2, 2017 ;-- Am. 2017, Act 95, Eff. Oct. 11, 2017 ;-- Am. 2023, Act 19, Eff. Feb. 13, 2024

PopularName Notes:

CCW

PopularName Notes:

Concealed Weapons

PopularName Notes:

CPL

PopularName Notes:

Right to Carry

PopularName Notes:

Shall Issue
Notes of Decisions
Cited in 34 cases (3 in the last 5 years), 1959–2024 · leading case: Michigan Coalition for Responsible Gun Owners v. City of Ferndale, 662 N.W.2d 864 (Mich. Ct. App. 2003).
Michigan Coalition for Responsible Gun Owners v. City of Ferndale, 662 N.W.2d 864 (Mich. Ct. App. 2003). · cites it 10× “In their complaint, plaintiffs alleged that the Ferndale ordinance is unconstitutional under the Michigan Constitution, Const 1963, art 7, § 22, and is preempted by state statutory law, including MCL 28.421 et'seq. and MCL 123.1101 et seq.”
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “For instance, MCL 28.421(l)(h) defines “peace officer” as an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the commission on law enforcement standards act,.”
Michigan United Conservation Clubs v. Sec'y of State, 630 N.W.2d 297 (Mich. 2001). “FACTUAL AND PROCEDURAL BACKGROUND In December 2000, the Legislature enacted 2000 PA 381 , MCL 28.421 et seq., which modifies the standards for the issuance of concealed weapons permits.”
People v. Gonzales, 97 N.W.2d 16 (Mich. 1959). · cites it 2× “CL 1948 and CLS 1956, § 28.421 et seq., § 750.227 (Stat Ann and Stat Ann 1957 Cum Supp § 28.”
Buczkowski v. McKay, 490 N.W.2d 330 (Mich. 1992). “127(2), MCL 28.421 et seq.; MSA 28.91 et seq.”
Baker v. Smiscik, 49 F. Supp. 3d 489 (E.D. Mich. 2014). · cites it 2× “” Hoven , an employment case, involved an issue of state law under Michigan’s Concealed Pistol Licensing Act, Mich. Comp. Laws § 28.421 et seq. In Williamson , the Michigan Supreme Court affirmed a criminal conviction of the defendant who carried a concealed revolver without a…”
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). · cites it 2× “425b(14) does not provide for the imposition of sanctions in the event that the board does not timely comply with the requirement that it furnish an applicant with written notice of the basis for its decision to deny an application.”
People v. Laney, 669 N.W.2d 583 (Mich. Ct. App. 2003). · cites it 4× “§ 28.421(c) provided that, a "`[p]urchaser' means a person who receives a pistol from another person by purchase, gift, or loan.”
People v. Laney, 680 N.W.2d 888 (Mich. 2004). · cites it 6× “[5] The Legislature has since amended MCL 28.421, but the amendments do not affect the disposition of this case.”
People v. Cartwright, 563 N.W.2d 208 (Mich. 1997). “§ 28.421(6). [5] M.C.L. § 769.10; M.S.A. § 28.”
Heindlmeyer v. Ottawa Cnty. Concealed Weapons Licensing Bd., 707 N.W.2d 353 (Mich. Ct. App. 2005). “Respondent, the Ottawa County Concealed Weapons Licensing Board, appeals by leave granted the judgment of the circuit court ordering the board to issue petitioner a concealed pistol license sought under the concealed pistol licensing act (CELA), *204 MCL 28.421 et seq. The…”
King v. R G Indus., Inc, 451 N.W.2d 874 (Mich. Ct. App. 1990). “We are unwilling to interfere with the Legislature’s exercise of authority in this area.”
— Mich. Comp. Laws § 28.421(1) — 1 case
People v. Feeley, 876 N.W.2d 847 (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 28.421(1)(h) — 2 cases
People v. Feeley, 876 N.W.2d 847 (Mich. Ct. App. 2015).
Od Long Lake Twp. v. Todd Maxon (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 28.421(6) — 2 cases
People v. Cartwright, 563 N.W.2d 208 (Mich. 1997). “§ 28.421(6). [5] M.C.L. § 769.10; M.S.A. § 28.”
People v. Fernengel, 549 N.W.2d 361 (Mich. Ct. App. 1996).
— Mich. Comp. Laws § 28.421(a) — 4 cases
Lyons v. United States, 794 F. Supp. 238 (E.D. Mich. 1992).
Davis v. Hillsdale Cmty. Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1997).
People v. Johnson, 351 N.W.2d 875 (Mich. Ct. App. 1984).
Davis v. Hillsdale Cmty. Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1998).
— Mich. Comp. Laws § 28.421(c) — 2 cases
People v. Laney, 669 N.W.2d 583 (Mich. Ct. App. 2003). “§ 28.421(c) provided that, a "`[p]urchaser' means a person who receives a pistol from another person by purchase, gift, or loan.”
People v. Laney, 680 N.W.2d 888 (Mich. 2004). “[5] The Legislature has since amended MCL 28.421, but the amendments do not affect the disposition of this case.”
— Mich. Comp. Laws § 28.421(d) — 2 cases
People v. Laney, 669 N.W.2d 583 (Mich. Ct. App. 2003). “§ 28.421(c) provided that, a "`[p]urchaser' means a person who receives a pistol from another person by purchase, gift, or loan.”
People v. Laney, 680 N.W.2d 888 (Mich. 2004). “[5] The Legislature has since amended MCL 28.421, but the amendments do not affect the disposition of this case.”
— Mich. Comp. Laws § 28.421(l)(g) — 1 case
People v. Feeley, 876 N.W.2d 847 (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 28.421(l)(h) — 1 case
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “For instance, MCL 28.421(l)(h) defines “peace officer” as an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the commission on law enforcement standards act,.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.