Michigan Compiled Laws

Mich. Comp. Laws § 28.434 (2026)

Unlawful possession; weapon forfeited to state; disposal; immunity.

✓ current as of July 2026

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FIREARMS

Act 372 of 1927

28.434 Unlawful possession; weapon forfeited to state; disposal; immunity.

Sec. 14.

(1) Subject to sections 5g and 14a, all pistols, weapons, or devices carried or possessed contrary to this act are declared forfeited to this state, and must be turned over to the director of the department of state police or the director's designated representative, for disposal under this section.

(2) The director of the department of state police shall dispose of firearms under this section by destroying them. The director shall ensure that all parts of a firearm disposed of under this section are destroyed.

(3) Before disposing of a firearm under this section, the director of the department of state police shall do both of the following:

(a) Determine through the law enforcement information network whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the director of the department of state police shall provide 30 days' written notice of the director's intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if the owner is authorized to possess the firearm.

(b) Provide 30 days' notice to the public on the department of state police website of the director's intent to dispose of the firearm under this section. The notice must include a description of the firearm and state the firearm's serial number, if the serial number can be determined. The department of state police shall allow the owner of the firearm to claim the firearm within that 30-day period if the owner is authorized to possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under subdivision (a).

(4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.

History: 1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16763 ;-- Am. 1943, Act 113, Eff. July 30, 1943 ;-- CL 1948, 28.434 ;-- Am. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2010, Act 295, Imd. Eff. Dec. 16, 2010 ;-- Am. 2024, Act 266, Eff. Apr. 2, 2025

PopularName Notes:

CCW

PopularName Notes:

Concealed Weapons

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CPL

PopularName Notes:

Right to Carry

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Shall Issue

Notes of Decisions

Cited in 3 cases, 1969–2019 · leading case: People v. Mitchell, 575 N.W.2d 283 (Mich. 1998).

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People v. Mitchell, 575 N.W.2d 283 (Mich. 1998). “The latter creates a separate felony for those who possess a firearm while committing a felony.”

People v. Young, 173 N.W.2d 793 (Mich. Ct. App. 1969). “237 [Stat Ann 1962 Rev § 28.434]), and carrying a firearm with unlawful intent (MCLA § 750.”

Est. of Kyle Melvin Wheeler v. City of Flint (Mich. Ct. App. 2019). “Plaintiff opposed the motion on the grounds that defendant’s police department acted in reckless disregard of whether an injury would result from its conduct by not following its guidelines and state law.”

— Mich. Comp. Laws § 28.434(2) — 1 case

People v. Mitchell, 575 N.W.2d 283 (Mich. 1998). “The latter creates a separate felony for those who possess a firearm while committing a felony.”

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.