Kara Sears
In 2023, Michigan passed a law that requires universal background checks for all firearm purchases. This law, which came into effect in February 2024, mandates that all gun sales in the state, including private sales, are subject to background checks. Previously, only handgun buyers were required to undergo background checks. The new legislation is part of a broader effort to reduce gun violence and prevent firearms from falling into the wrong hands.
| Characteristics | Values |
|---|---|
| Universal background checks law | Required for all firearm sales, including rifles and shotguns during private sales |
| Background check exemption | Individuals with a state permit to purchase or possess firearms, issued within the previous five years, are exempt from background checks |
| Background check for licenses | Conducted by the Department of State Police using in-state databases and the FBI's NICS database |
| Firearm purchase licenses | Valid for 30 days |
| Concealed handgun license | Requires a background check once every five years, at the time of renewal |
| Background check requirement | Must be conducted by Federal Firearm License holders for all buyers unless a license to purchase has been provided |
| Background check for inheritance of firearms | Required within 30 days of taking possession |
| Background check for non-residents | Non-residents with a license from their home state to purchase, carry, or transport a pistol are exempt from state licensing requirements |
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What You'll Learn
Background checks for all gun purchases
In April 2023, Michigan Governor Gretchen Whitmer signed commonsense gun violence prevention legislation that established universal background checks for all firearm purchases. This legislation was part of a larger push to tighten gun laws in the state, with Democrats calling it the first step in their efforts to enhance gun control.
Previously, Michigan law only required background checks for handgun purchases from unlicensed sellers. The new laws require background checks for all gun sales in the state, including rifles and shotguns. This means that individuals seeking to buy any type of firearm will be subject to a criminal background check that could prevent the sale.
Under the new laws, all firearm sales require a background check to be conducted on the buyer. A license to purchase is also necessary for all firearms, including rifles and shotguns during private sales. A Concealed Pistol License (CPL) can be used in place of a license to purchase. Federal Firearm License holders must still conduct background checks for all buyers unless a license to purchase has been provided.
The legislation also includes safe storage requirements, which are intended to keep guns out of the hands of children in the home. These universal background checks and safe storage laws are expected to save lives and help keep families and kids safe.
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Background checks for rifles and shotguns
In early 2024, Michigan implemented universal background check laws for all firearm purchases, including rifles and shotguns. These laws were established to reduce gun violence and improve gun safety in the state. Previously, background checks were only required for handgun purchases. Now, anyone seeking to buy a rifle or shotgun from a private seller or dealer must undergo a criminal background check. If an individual has had a background check performed by a federally licensed firearms dealer no more than 5 days before the purchase of a long gun, they are exempt from the permit requirement.
Under the new laws, all firearm sales require a background check to be conducted on the buyer. A license to purchase is also necessary for all firearms, including rifles and shotguns, during private sales such as gun shows. A Concealed Pistol License (CPL) can be used in place of a license to purchase. Federal Firearm License holders must still conduct background checks for all buyers unless a license to purchase has been provided. The seller must complete the license to purchase and firearm sales record, providing a copy to the purchaser. If the firearm is a pistol, a copy of the license and the sale record must be submitted to the police department or sheriff's office within ten days.
The background checks are conducted by the Michigan State Police, who review in-state databases and contact the FBI's National Instant Criminal Background Check System (NICS) database. Firearm purchase licenses are valid for 30 days, while concealed handgun licensees only need to submit to a background check once every five years when renewing their license. Individuals who inherit a firearm must obtain a license and undergo a background check within 30 days of taking possession.
The new background check laws in Michigan are part of a broader push to tighten gun laws and improve gun safety in the state. Democrats, who took control of the Legislature in January 2023, called universal background checks the first step in this effort, given new urgency by a fatal mass shooting at Michigan State University. Governor Gretchen Whitmer signed the commonsense gun violence prevention bills, stating that "universal background checks and safe storage are long-overdue steps we are proud to take today that will save lives by keeping guns out of the hands of criminals and domestic abusers and children in the home."
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Background checks for gun show sales
In Michigan, federal law requires licensed firearms dealers to conduct background checks on buyers prior to the sale of a firearm. However, private sellers are not mandated by federal law to perform background checks.
In early 2024, Michigan introduced a law requiring anyone purchasing a firearm to have a firearms purchase license or a concealed handgun license. Alternatively, for long gun purchases, a background check conducted by a licensed dealer within five days before the purchase is also acceptable. This law was enacted to address the issue of gun violence and to implement stricter regulations on firearm sales and storage.
The new laws in Michigan require background checks for all gun purchases, not just pistols. This means that individuals seeking to buy a rifle or shotgun will also be subject to a criminal background check. If the firearm being purchased is a pistol, a copy of the license and the sale record must be submitted by the seller to their local law enforcement agency within ten days.
The legislation also requires local police to issue a purchase license with "due speed and diligence" after searching for court orders, pending felonies, and involuntary mental health hospital commitments that may prohibit the sale. This is in addition to the use of the FBI's National Instant Criminal Background Check System database.
The implementation of universal background checks in Michigan is a step towards tightening gun laws and preventing gun violence. It is important to note that some have argued that the term ""gun show loophole" is dubious, as current laws provide broader regulations for commercial gun sellers and do not specifically address gun shows.
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Background checks for unlicensed sellers
In the case of long gun purchases, an individual is exempt from the permit requirement if a background check is performed by a federally licensed firearms dealer no more than five days before the purchase. This is in contrast to previous legislation, which required background checks for pistol sales but not for long guns purchased from private sellers.
The universal background check laws in Michigan close a "dangerous loophole" in state law. Federal law does not require background checks for firearm sales between private individuals in the same state, i.e., sales in the "secondary market" with an unlicensed seller. However, federal law does require background checks for commercial sales by licensed dealers, such as gun stores, pawn shops, and outdoors stores.
The implementation of universal background checks in Michigan is part of a larger push to tighten gun laws and prevent gun violence. Governor Gretchen Whitmer has stated that these measures will "save lives by keeping guns out of the hands of criminals and domestic abusers and children in the home."
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Background checks for licensed dealers
Background checks are already standard practice for gun purchases through federally licensed firearm dealers, who utilize the FBI's National Instant Criminal Background Check System (NICS) database. If the seller is not federally licensed, the legislation would require individuals seeking to buy a long gun to obtain a purchase license from a local law enforcement agency.
Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser before the sale of a firearm. Federal law provides states with the option of serving as a "point of contact" and conducting their own background checks using state and federal records and databases, or having the checks performed by the FBI using only the NICS database.
In early 2024, Michigan will require anyone purchasing a firearm to have a firearms purchase license or a concealed handgun license, or, for long guns, to have had a background check conducted by a licensed dealer within 5 days prior to the purchase. Background checks for licenses are conducted by the Department of State Police, who review in-state databases and also contact NICS.
Michigan enacted a law in 2015 to require concealed handgun licensing authorities to conduct background checks through the state's law enforcement information network and the FBI's NICS database. Long gun purchases through dealers are subject to an NICS check only. While firearm purchase licenses are valid for 30 days, concealed handgun licensees only have to submit to a background check once every five years, at the time of renewal of their concealed carry license.
Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions. As a result, concealed weapon permit holders in Michigan are exempt from the federal background check requirement when purchasing a handgun.
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Frequently asked questions
Yes, as of 2024, universal background checks are required for all firearm purchases in Michigan.
Universal background checks require individuals seeking to buy any type of firearm to undergo a background check before they can obtain a purchase permit.
Before the new legislation, only handgun buyers in Michigan were subject to a background check for obtaining a purchase permit.
Violating the licensing and background check law can result in misdemeanors or felonies, with penalties including jail time and fines.
Yes, certain individuals, such as those with concealed pistol licenses, federally licensed firearms dealers, and law enforcement officers, are generally exempted from the new licensing requirement. Additionally, non-residents of Michigan with a valid license from their home state to purchase, carry, or transport a pistol are exempt from the state licensing requirements.
