6.11​Seizure and Forfeiture of Firearms Under Michigan Law

This section discusses the seizure and forfeiture of firearms in Michigan. For additional information on the seizure and forfeiture of firearms in violation of the Federal Firearms Statute, 18 USC 921 et seq, see 18 USC 924(d).

A.​Firearm Licensing Violation

MCL 28.425f(7) authorizes a peace officer to immediately seize “[a] pistol or portable device that uses electro-muscular disruption technology carried in violation of [MCL 28.425f.]” A pistol or portable device is not subject to immediate seizure under MCL 28.425f(7) if “[t]he individual has his or her state-issued driver license or personal identification card in his or her possession when the violation occurs[, and] [t]he peace officer verifies through the law enforcement information network [(LEIN)] that the individual is licensed to carry a concealed pistol.” MCL 28.425f(7)(a)-(b).

Note: A person violates MCL 28.425f if the person licensed to carry a pistol or portable device that uses electro-muscular disruption technology fails to:

•​possess the license and his or her state-issued driver license or personal identification card at all times he or she is carrying the concealed pistol or portable device, MCL 28.425f(1);

•​present the concealed pistol license and his or her state-issued driver license or personal identification card at the peace officer’s request, MCL 28.425f(2); and

•​immediately disclose that he or she is carrying on him or her (or has in his or her vehicle) the pistol or portable device if stopped by a peace officer, MCL 28.425f(3).

“The plain language of MCL 28.425f permits a police officer to ask any person observed to be carrying a concealed weapon to produce his or her CPL [concealed pistol license], at any time and for any reason. MCL 750.227 also makes possession of a concealed weapon a presumptive crime, which can be rebutted by a suspect with evidence of a CPL.” People v Williams, ___ Mich App ___. ___ (2024). Thus, “under Michigan law a police officer has reasonable suspicion to approach a person and ask for proof of a CPL after observing a bulge in a person’s clothing indicative of a hidden firearm.” Id. at ___. “MCL 28.425f places no restrictions on when and under what circumstances an officer may ask a person if he or she is carrying a concealed weapon and whether such person has a CPL.” Williams, ___ Mich App at ___. “MCL 776.20 places the burden on the defendant to prove his or her right to carry the weapon by producing his or her CPL.” Williams, ___ Mich App at ___.

MCL 28.433 provides for the seizure of a firearm unlawfully possessed or carried by a person in violation of the pistol licensing statute, MCL 28.422, or the conceal pistol licensing statute, MCL 28.425b:

“When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases that any pistol or other weapon or device mentioned in this act is unlawfully possessed or carried by any person, such magistrate shall, if he [or she] be satisfied that there is reasonable cause to believe the matters in said complaint be true, issue his [or her] warrant directed to any peace officer, commanding him to search the person or place described in such complaint, and if such pistol, weapon or device be there found, to seize and hold the same as evidence of a violation of this act.”

“Subject to [MCL 28.425g] and [MCL 28.434a⁸⁵], 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 [MCL 28.434].”⁸⁶ MCL 28.434(1). Provisions for disposal (including notice requirements) are found at MCL 28.434(2)-(3).                                                                                                                                                                                                                                                                                                                                                                                                                                                   

“A pistol or portable device that uses electro-muscular disruption technology carried in violation of this act is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under . . . MCL 600.4701 to [MCL] 600.4709.”⁸⁷ MCL 28.425g. See also MCL 28.425f(7) (providing for the forfeiture of an individual’s pistol or portable device for failing to timely display his or her license or documentation related to the device).⁸⁸

B.​Unlawful Possession of Firearm by Convicted Felon

MCL 750.238 provides for the seizure of a firearm unlawfully possessed or carried by a convicted felon in violation of MCL 750.224f:

“When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases that any pistol or other weapon or device mentioned in this chapter is unlawfully possessed or carried by any person, such magistrate shall, if he [or she] be satisfied that there is reasonable cause to believe the matters in said complaint be true, issue his [or her] warrant directed to any peace officer, commanding him [or her] to search the person or place described in such complaint, and if such pistol, weapon or device be there found, to seize and hold the same as evidence of a violation of this chapter.”

“Except as provided in [MCL 750.239(2)] and subject to [MCL 750.239a⁸⁹], all pistols, weapons, or devices carried, possessed, or used contrary to this chapter are forfeited to this state and shall be turned over to the department of state police for disposition as determined appropriate by the director of the department of state police or the director’s designated representative.”⁹⁰ MCL 750.239(1). Provisions for disposal (including notice requirements) are found at MCL 750.239(2)-(3).