The Second Amendment to the United States Constitution is one of the most debated and frequently misunderstood provisions in American law. While it protects an individual’s right to possess firearms, that right is not unlimited. Federal law, state law, and court decisions all shape who may carry a gun, how they may do so, and where firearms are prohibited.
Understanding these distinctions is essential—especially for lawful gun owners, concealed carriers, and non-citizens living in the United States.
What Does the Second Amendment Say?
The Second Amendment reads:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Key Supreme Court decisions, most notably District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), confirmed that the Second Amendment protects an individual right to possess firearms for lawful purposes such as self-defense, particularly in the home.
Legally, to “bear arms” means to carry firearms for lawful purposes, such as self-defense.
Courts recognize that the right includes possession and carrying, but it is subject to reasonable regulation. For example, the government may impose licensing requirements, background checks, and location-based restrictions without violating the Constitution.
Do You Need a License to Own or Carry a Gun?
Firearm Ownership (Federal Baseline)
Under federal law:
- You must be at least 18 to purchase a long gun from a private seller
- You must be 21 to purchase a handgun from a federally licensed dealer (FFL)
- You must pass a background check
- You cannot be a prohibited person (e.g., felon, domestic violence offender, an unlawful user of controlled substances)
Michigan Gun Purchase Requirements and How to Obtain a Concealed Pistol License (CPL)
Michigan law allows law-abiding residents to purchase and possess firearms, but the process depends on the type of firearm, how it is purchased, and whether you intend to carry it concealed. Understanding these requirements is essential to staying compliant with state and federal law. Serious criminal and collateral consequences could be the outcome of even unintentional violations with long-lasting consequences.
This guide outlines Michigan’s requirements for purchasing a gun and explains how a Concealed Pistol License (CPL) works, including how our law firm can help.
Purchasing a Long Gun (Rifle or Shotgun) in Michigan
To purchase a rifle or shotgun, you must:
- Buy from a licensed firearms dealer
- Pass a NICS background check
BUT:
- No license or permit is required for purchase
- No firearm registration is required for long guns
Private sales of long guns are lawful in limited circumstances but still carry legal risk if eligibility requirements are not met.
Purchasing a Handgun in Michigan
Handguns in Michigan are regulated more strictly.
Option 1: If You Do Not Have a CPL
You must obtain a License to Purchase (LTP) from your local police department or sheriff before buying a handgun in a private sale. This involves a background check, application approval, and completing the purchase within the permit’s validity period.
Option 2: If You Have a CPL
If you already have a CPL, no License to Purchase is required for a handgun. You may purchase a handgun directly from an FFL or private seller. The CPL serves as the authorization for the purchase. All handguns must be registered with the Michigan State Police after purchase.
Open Carry vs. Concealed Carry in Michigan
Open Carry
- Legal in Michigan without a CPL in limited circumstances
- Generally restricted to individuals 18 or older
- Prohibited in certain locations
- Highly situational and frequently misunderstood by law enforcement and the public
Concealed Carry
- Requires a valid Michigan Concealed Pistol License (CPL)
- Allows you to carry a concealed pistol on your person or in a vehicle
- Strongly recommended for anyone who transports or carries a handgun regularly
How to Obtain a Michigan Concealed Pistol License (CPL)
To qualify for a CPL, you must:
- Be 21 years old
- Be a U.S. citizen or lawful permanent resident
- Be a Michigan resident for at least 6 months (or active military stationed in Michigan)
- Complete a state-approved pistol safety training course
- Submit an application with fingerprinting, a background check, and the application fee
- Not be disqualified by criminal history or mental health restrictions
CPLs are issued by the county clerk after review by the county concealed weapon licensing board.
Where You Cannot Carry a Gun in Michigan (Even With a CPL)
Michigan law prohibits firearms in certain locations, including:
- Schools and school property (with limited exceptions)
- Daycare centers
- Sports arenas and stadiums
- Bars where alcohol sales are the primary source of income
- Large entertainment facilities
- Federal buildings and courthouses
- Private property where firearms are prohibited
Violating a “pistol-free zone” can result in criminal charges, CPL suspension or revocation, and permanent firearm consequences.
Green Card Holders and Immigrants: Can Non-Citizens Carry Guns?
This is a critical and often misunderstood area of law. It may affect your legal status and result in severe legal and immigration consequences, including deportation.
Lawful Permanent Residents (Green Card Holders)
In general, Green card holders may legally own and carry firearms. They are treated similarly to U.S. citizens under federal gun laws. And they must still comply with state licensing requirements.
However, consequences for violations can be far more severe. Firearm-related charges can trigger removal (deportation) proceedings. Certain offenses may be classified as aggravated felonies or crimes involving moral turpitude. A single conviction can jeopardize immigration status permanently.
Non-Immigrant Visa Holders (Students, Workers, Visitors)
Federal law generally prohibits firearm possession by non-immigrant visa holders unless a specific exception applies, such as a valid hunting license, or certain diplomatic or law enforcement exemptions. Even where possession may technically be lawful, carrying firearms is high-risk legally. State law violations can lead to visa revocation, detention, or removal.
Why Immigrants Must Be Especially Careful
For non-citizens, gun rights are intertwined with immigration law. Conduct that might result in a fine for a citizen can lead to detention or deportation. Self-defense claims may still have immigration consequences.
Any immigrant considering firearm ownership or carry should consult both an expert firearms attorney experienced in immigration law before doing so.
Matters That Made Gun Laws More Confusing
In November 2021, Kyle Rittenhouse (then 17-year-old) was acquitted of all charges after arguing self-defense in the fatal shootings of two men and wounding of a third during 2020 protests in Kenosha, Wisconsin. The case drew significant national attention, polarizing public opinion on issues of gun rights, vigilantism, race and self-defense.
The ruling reinforced existing interpretations of self-defense and gun possession laws, highlighting loopholes in Wisconsin’s prohibition of underage weapon possession. However, the dismissal of the gun charge, based on the specific length of the rifle’s barrel, also emphasized that state law allowed a teenager to possess long guns.
But government officials seem to have a contradicting viewpoint when it comes the recent shooting of Alex Pretti, who was killed by ICE agents in Minneapolis, Minnesota during a protest in January 2026. The Trump administration is claiming that Pretti should not have been carrying a loaded firearm to the protest, drawing blowback from the National Rifle Association.
How Our Law Firm Can Help You With a CPL
Firearm laws are unforgiving. A mistake—whether in eligibility, application accuracy, or carrying location—can result in criminal charges or permanent loss of rights.
At Atiya Law, we assist clients with:
- CPL eligibility reviews
- Criminal history analysis to determine possible disqualifications
- Restoration of firearm rights, where legally possible
- CPL appeals and denials
- Defense of firearm-related charges
- Legal guidance for immigrants and green card holders considering firearm ownership
If you are unsure whether you qualify for a CPL—or want to ensure your application is done correctly—the safest course is to speak with an attorney before applying or carrying.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English/Spanish line at 248-951-2450 or reach out to us at Atiya Law.