Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.234e (2026)

Brandishing firearm in public; applicability; violation as misdemeanor; penalty.

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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty.

Sec. 234e.

    (1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public.

    (2) Subsection (1) does not apply to either of the following:

    (a) A peace officer lawfully performing his or her duties as a peace officer.

    

    (b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974.

    (3) 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.

History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 2015, Act 27, Eff. Aug. 10, 2015

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 2012–2026 · leading case: Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018).
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Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018). · cites it 3× “" I would imagine that everybody would agree that MCL 750.234e works to permit a peace officer, lawfully performing his or her duties as a peace officer, to brandish a firearm in public.”
Capital Area Dist. Library v. Michigan Open Carry, Inc., 826 N.W.2d 736 (Mich. Ct. App. 2012). · cites it 4× “1102 and (2) the open carrying of weapons is brandishing, which is prohibited by MCL 750.234e. MOC opposed the motion, arguing that CADL’s policy is preempted by state law and violates the right to bear arms guaranteed by the United States and Michigan Constitutions.”
People v. Jones, 829 N.W.2d 350 (Mich. Ct. App. 2013). “170 (prohibiting a disturbance of the peace in a store or business place); MCL 750.234e (prohibiting the brandishing of a firearm in public); MCL 767.”
People of Michigan v. Duane Ross St Clair, No. 331183 (Mich. Ct. App. June 27, 2017). · cites it 2× “The trial court ordered that defendant serve his terms of probation concurrently with each other but consecutively to the two-year prison term on the felony-firearm conviction.”
People of Michigan v. Duane Ross St Clair, No. 331183 (Mich. Ct. App. June 27, 2017). · cites it 2× “The trial court ordered that defendant serve his terms of probation concurrently with each other but consecutively to the two-year prison term on the felony-firearm conviction.”
People of Michigan v. Neil Andrew Trapp, 966 N.W.2d 420 (Mich. Ct. App. 2020). · cites it 2× “81d, one count of brandishing a firearm, MCL 750.234e, and one count of disturbing the peace.”
People of Michigan v. Kevin Wesley Morris, No. 330931 (Mich. Ct. App. June 20, 2017). “82, and brandishing a firearm in public, MCL 750.234e. The trial court sentenced defendant to five years’ probation for the felonious assault and brandishing a firearm convictions.”
People of Michigan v. Kevin Wesley Morris, No. 330931 (Mich. Ct. App. June 20, 2017). “82, and brandishing a firearm in public, MCL 750.234e. The trial court sentenced defendant to five years’ probation for the felonious assault and brandishing a firearm convictions.”
People of Michigan v. Denorris Edward Williams, No. 338582 (Mich. Ct. App. Dec. 11, 2018). “Defendant challenges his attorney’s failure to object to the teenager’s in-court identification of him as he sat at the defense table.”
People of Michigan v. James Craig Baker, No. 340352 (Mich. Ct. App. Feb. 14, 2019). “170, and willfully and knowingly brandishing a firearm, see MCL 750.234e(1). to serve the first 9 months in jail.”
People of Michigan v. Vernest James Griffin, No. 348871 (Mich. Ct. App. Oct. 22, 2020). “82, felony-firearm, and brandishing a firearm in public, MCL 750.234e. The trial court sentenced defendant to 32 to 48 months imprisonment for the assault conviction, 90 days in jail (time served) for the brandishing a firearm conviction, and a consecutive two-year term of…”
People of Michigan v. Adam John Zawacki, No. 360288 (Mich. Ct. App. July 20, 2023). “227b, and brandishing a firearm in public, MCL 750.234e. II. INEFFECTIVE ASSISTANCE OF COUNSEL 1 Although not expressly stated at trial, it is clear from the record that defendant made this statement in a recorded jail phone call.”
Show all 16 citing cases →
Mich. Comp. Laws § 750.234e(1): 2 cases
Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018). “" I would imagine that everybody would agree that MCL 750.234e works to permit a peace officer, lawfully performing his or her duties as a peace officer, to brandish a firearm in public.”
People of Michigan v. James Craig Baker, No. 340352 (Mich. Ct. App. Feb. 14, 2019). “170, and willfully and knowingly brandishing a firearm, see MCL 750.234e(1). to serve the first 9 months in jail.”
Mich. Comp. Laws § 750.234e(2)(a): 1 case
Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018). “" I would imagine that everybody would agree that MCL 750.234e works to permit a peace officer, lawfully performing his or her duties as a peace officer, to brandish a firearm in public.”
Mich. Comp. Laws § 750.234e(3): 3 cases
People of Michigan v. Duane Ross St Clair, No. 331183 (Mich. Ct. App. June 27, 2017). “The trial court ordered that defendant serve his terms of probation concurrently with each other but consecutively to the two-year prison term on the felony-firearm conviction.”
People of Michigan v. Duane Ross St Clair, No. 331183 (Mich. Ct. App. June 27, 2017). “The trial court ordered that defendant serve his terms of probation concurrently with each other but consecutively to the two-year prison term on the felony-firearm conviction.”
People of Michigan v. Neil Andrew Trapp, 966 N.W.2d 420 (Mich. Ct. App. 2020). “81d, one count of brandishing a firearm, MCL 750.234e, and one count of disturbing the peace.”
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