Michigan Compiled Laws
Mich. Comp. Laws § 28.426 (2026)
Issuance of license; conditions.
✓ current as of July 2026
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FIREARMS
Act 372 of 1927
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Former MCL 28.426, which pertained to concealed weapon licensing board, was repealed by Act 381 of 200, Eff.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.
PopularName Notes:
CCWPopularName Notes:
Concealed WeaponsPopularName Notes:
CPLPopularName Notes:
Right to CarryPopularName Notes:
Shall IssueNotes of Decisions
Cited in 29
cases (7 in the last 5 years), 1968–2025 · leading case: Hanselman v. Wayne Cnty. Concealed Weapon Licensing Bd., 351 N.W.2d 544 (Mich. 1984).
Hanselman v. Wayne Cnty. Concealed Weapon Licensing Bd., 351 N.W.2d 544 (Mich. 1984). “See MCL 28.426; MSA 28.93. Second, by law, one member of every concealed weapon licensing board is the director of the Department of State Police or his deputy.”
United States v. Brown, 69 F. Supp. 2d 925 (E.D. Mich. 1999). “224f(l) restores some of Defendant’s firearm privileges, but points out that Michigan law still prohibits a convicted felon from applying for a license to “carry a pistol concealed on the person” or “to carry a pistol, whether concealed or otherwise, in a vehicle operated or…”
Pencak v. Concealed Weapon Licensing Bd. for St. Clair, 872 F. Supp. 410 (E.D. Mich. 1994). “Mich.Comp.Laws Ann. § 28.426(1). Further, the concealed weapons license itself makes clear that the concealed weapons licensing boards are state statutory creations.”
United States v. Carnes, 113 F. Supp. 2d 1145 (E.D. Mich. 2000). “This construction is suggested by the Michigan statute itself, which speaks only of "con-finefment] for a felony conviction,” and does not refer to probation, parole, or other possible components of a criminal sentence.”
Michigan United Conservation Clubs v. Sec'y of State, 630 N.W.2d 297 (Mich. 2001). “See MCL 28.426, repealed by 2000 PA 381 . Under the former system, the popular perception was that the permits were difficult to obtain.”
People v. Ramos, 170 N.W.2d 189 (Mich. Ct. App. 1980). “93) provides in part as follows: ' “The prosecuting attorney, the sheriff and the commissioner of the Michigan state police, or their respective authorized deputies, shall constitute hoards exclusively authorized to issue licenses to applicants residing within their respective…”
Mager v. Dep't of State Police, 595 N.W.2d 142 (Mich. 1999). “This case does not concern the permit that one can obtain under MCL 28.426; MSA 28.93 for carrying a concealed weapon.”
Application of Dailey, 465 S.E.2d 601 (W. Va. 1995). “27, § 36E (1995) (state police); Mich.Comp. Laws § 28.426 (1994) (sheriff, state police or prosecuting attorney); Miss.”
People v. Williams, 576 N.W.2d 390 (Mich. Ct. App. 1998). “MCL 28.426(1); MSA 28.93(1) provides in part: The prosecuting attorney, the sheriff, and the director of the department of state police, or their respective authorized deputies, shall constitute boards exclusively author *572 ized to issue a license to an applicant residing…”
League Gen. Ins. v. Michigan Catastrophic Claims Ass'n, 458 N.W.2d 632 (Mich. 1990). “13 MCL 28.426(1); MSA 28.93(1). 14 We need not discuss whether an exemption under MCL 24.”
Bay Cnty. Concealed Weapons Licensing Bd. v. Gasta, 293 N.W.2d 707 (Mich. Ct. App. 1980). “MCL 28.426; MSA 28.93. By statute, a county concealed weapons licensing board is composed of three members, "the prosecuting attorney, the sheriff and the commissioner of the Michigan State Police, or their respective *789 authorized deputies”, who are charged with the exclusive…”
Detroit Free Press, Inc v. Dep't of State Police, 622 N.W.2d 313 (Mich. Ct. App. 2000). “MCL 28.426; MSA 28.93. That requirement applies to public officials, who enjoy no special status under the statute with regard to possession of a concealed weapon.”
— Mich. Comp. Laws § 28.426(1) — 5 cases
Pencak v. Concealed Weapon Licensing Bd. for St. Clair, 872 F. Supp. 410 (E.D. Mich. 1994). “Mich.Comp.Laws Ann. § 28.426(1). Further, the concealed weapons license itself makes clear that the concealed weapons licensing boards are state statutory creations.”
Hanselman v. Wayne Cnty. Concealed Weapon Licensing Bd., 351 N.W.2d 544 (Mich. 1984). “See MCL 28.426; MSA 28.93. Second, by law, one member of every concealed weapon licensing board is the director of the Department of State Police or his deputy.”
United States v. Carnes, 113 F. Supp. 2d 1145 (E.D. Mich. 2000). “This construction is suggested by the Michigan statute itself, which speaks only of "con-finefment] for a felony conviction,” and does not refer to probation, parole, or other possible components of a criminal sentence.”
League Gen. Ins. v. Michigan Catastrophic Claims Ass'n, 458 N.W.2d 632 (Mich. 1990). “13 MCL 28.426(1); MSA 28.93(1). 14 We need not discuss whether an exemption under MCL 24.”
People v. Williams, 576 N.W.2d 390 (Mich. Ct. App. 1998). “MCL 28.426(1); MSA 28.93(1) provides in part: The prosecuting attorney, the sheriff, and the director of the department of state police, or their respective authorized deputies, shall constitute boards exclusively author *572 ized to issue a license to an applicant residing…”
— Mich. Comp. Laws § 28.426(2)(a) — 1 case
Gun Owners of Am., Inc. v. U.S. Just. Dep't (E.D. Mich. 2020).
— Mich. Comp. Laws § 28.426(3) — 1 case
People v. Carter, 309 N.W.2d 33 (Mich. Ct. App. 1981).
— Mich. Comp. Laws § 28.426(5) — 3 cases
Hanselman v. Wayne Cnty. Concealed Weapon Licensing Bd., 351 N.W.2d 544 (Mich. 1984). “See MCL 28.426; MSA 28.93. Second, by law, one member of every concealed weapon licensing board is the director of the Department of State Police or his deputy.”
Detroit Free Press, Inc v. Dep't of State Police, 622 N.W.2d 313 (Mich. Ct. App. 2000). “MCL 28.426; MSA 28.93. That requirement applies to public officials, who enjoy no special status under the statute with regard to possession of a concealed weapon.”
Hanselman v. Killeen, 316 N.W.2d 237 (Mich. Ct. App. 1982).
— Mich. Comp. Laws § 28.426(l)(a) — 1 case
People v. Williams, 576 N.W.2d 390 (Mich. Ct. App. 1998). “MCL 28.426(1); MSA 28.93(1) provides in part: The prosecuting attorney, the sheriff, and the director of the department of state police, or their respective authorized deputies, shall constitute boards exclusively author *572 ized to issue a license to an applicant residing…”
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