Airgun Law In Michigan Explained
Airguns are popular as recreational tools in the great outdoors, and many know about the regulations that govern firearms. However, not everyone is aware of the particulars regarding airgun laws; nor are they aware that the regulations vary substantially from state to state. This is a basic overview of airgun laws in Michigan. This article is intended for informational purposes only and is not intended as legal advice. Users should always check with local authorities or legal representatives regarding use or possession of air guns in their particular areas.
Essentially air guns are firearms, but they are recognized by the State of Michigan to be in a separate category. Unless air guns are otherwise specified by law, they are legally defined as firearms and subject to all of the same rules which pertain to firearms. Because air guns are gunpowder initiatives engineered to fire projectiles, air guns are not classified as toys, they are regulated similarly to pistols, rifles, and shotguns. Most air guns are spring-loaded and fall into the "air soft" category. There is more information on air gun regulations on the Michigan government website under the "Natural Resources and Environment Track" for illegal hunting. An example of the types of air guns that may be restricted depends on the type of projectile they use , such as arrows, razor sharp darts or metal projectiles.
Although they can be regulated, air guns can be legally owned in Michigan without a license. MCL 750.111 prohibits intentional pointing of a firearm at another person, regardless of whether the weapon is called a gun, rifle, or pistol or other similar firearm. Positioning an air gun within an individuals’ reach which is intended to be retrieved by someone unknown by the owner unless the person is permitted by the owner, is illegal. It is prohibited to possess, carry, or use an air gun unless it is encased, broken or unloaded, or being transported directly to or from a pistol range.
Recreational firing of air guns in Michigan is lawful, as long as there are not any substantial restrictions on the places where this is permitted, such as the City of Grand Rapids. Air guns may be used legally on the property of an individual as long as a person in control of property where the air gun is used, has an awareness of the activity and does not object.
What Are Airguns: Definition and Types
An airgun is defined as any rifle, pistol, or other device that propels a projective by the use of compressed air or carbon dioxide, or a spring mechanism. Michigan law also specifies that paintball guns are a type of airgun, as well as BB guns and pellet guns.
A BB gun is defined as a barrel-loading homemade device that has fewer than 3 barrels, is not a shotgun, and only propels spherical projectiles by the use of compressed air, carbon dioxide or springs. A pellet gun is defined as a barrel-loading homemade device that has fewer than 3 barrels, is not a shotgun, and only propels projectiles by the use of compressed air, carbon dioxide or springs, in which the projectiles consist of a pellet made of metal or containing metal powder, and are not spherical.
A paintball gun is defined as any firearm or other device designed or redesigned to expel a projectile or projectiles, whether broken or unbroken, mist, spray, or otherwise, containing or marked with water soluble colors or other non-toxic liquids.
The specific words used are important. A projectile is not a bullet, so it’s important to recognize that airsoft guns that shoot pellets or plastic balls but not actual bullets are not firearms under Michigan law, nor are many of the types of Taser guns that may appear in people’s minds.
Requirements For Purchasing And Owning An Airgun
In Michigan, there are no special laws related to the purchasing or owning of an airgun. Thus, airguns are treated much like a typical firearm. The individual must be 18 years of age to purchase an airgun from a dealer, although those who are under the age of 18 may purchase airguns from private parties and individuals. Although a person does not need a license to purchase an airgun, those who are under 18 years of age may not purchase or possess an airgun if the airgun is loaded with ammunition. Persons who engage in the manufacturing of airguns must apply for a license through the Michigan Department of State under the Firearm and Ammunition Dealer License Act. A license is not required, however, to manufacture an airgun for personal use. There is no paperwork involved in transferring an airgun between two private persons.
Regulations On Carrying And Using An Airgun
Airsoft and BB guns are strictly prohibited from being fired anywhere in many Michigan municipalities, and use may be regulated in others. For example, airgun use is prohibited in the city of Sault Ste. Marie. Additionally, airsoft and BB guns are prohibited within city limits in Grand Blanc City and the city of Northville under local ordinances. In the city of Detroit, airsoft guns may not be discharged upon roadways or within certain public areas, while at the University of Michigan, discharge is prohibited on real property owned or maintained by the university or within 300 feet of Michigan Stadium during an event. Notably, the ban in the city of Detroit applies to pellet guns, replica pistols and devices that launch projectiles with compressed air or gas, which may include airsoft guns, although airsoft and BB pistols are classified as toys by the Consumer Product Safety Commission (CPSC). Likewise, in the city of Flint, no person may fire, shoot or otherwise discharge an air gun in any park. Similarly, in Grandville, an ordinance prohibits shooting or discharging any air gun, rifle, pistol or other gun or firearm of any description on, over, along or across any other public or private property. Lastly, the city of Ferndale prohibits shooting any air gun in the city, whether or not the device is identified as a toy.
Penalization For Breaking Airgun Regulations
Most Michigan airgun laws carry relatively minor penalties. While violations of the Michigan Penal Code or Michigan Natural Resources and Environmental Protection Act (NREPA) will generally carry a misdemeanor penalty in addition to civil liability, airgun laws and ordinances usually only carry a fine for the first violation. Of course violations of Michigan general statutes or court rules will still carry serious penalties, as will violations that also constitute criminal conduct under other areas of the law.
Some municipal ordinances also provide for a harsher civil penalty schedule or for mandatory sentencing. Mandatory sentencing is where a judge has no discretion whatsoever as to the penalty assessed; it will always be a predetermined penalty regardless of the circumstances . While common in criminal sentencing, it is less common in civil penalty statutes. Still, mandatory penalty statutes are more common for airgun ordinances than for gun laws.
In Michigan, defaults on more serious civil penalties and penal ordinance fines will usually incur late fees and extra interest charges like any civil judgment they resemble.
If your airgun conduct is also covered by statutes or other legal rules not dealing with airguns, you may also be subject to them for the same conduct. Penalties therefore may add together for different statutes or rules for the same conduct.
It is a good idea to look at the entire scope of the penalties for the activities you engage in before deciding whether or not to engage in them.
Contrasts Between State And Local Airgun Laws
The differences between state and local regulations
As mentioned above, Michigan has very few laws pertaining to the use of airguns. In fact, the only law that I could find applied specifically to airguns is Mich. Comp. Laws 750.234a:
Sec. 2a. (1) A person shall not purchase, sell, offer for sale, or give or lend to any person who is less than 18 years of age, a handgun capable of being concealed on the person unless that person has made application for and received a handgun purchase license under section 2 of 1927 PA 372, MCL 28.422, or holds a valid license to carry a concealed weapon issued by this state, a county sheriff, an authorized city or township official, or a court under section 5j of 1927 PA 372, MCL 28.425j.
(2) Subsection (1) does not apply to a person who purchases, sells, offers for sale, gives or lends to another person 1 of the following:
(a) An antique pistol that was manufactured prior to 1899.
(b) A firearm that does not utilize a self-contained cartridge.
(c) A gun that is not a handgun.
(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
Beyond that, the only other mention of airguns in Michigan statutes is via a cross-reference in Mich. Comp. Laws 750.234c, which technically makes it illegal to fire an airgun onto a roadway.
Numerous local municipalities in Michigan have set up their own ordinances about airguns. These ordinances often limit or outright ban the shooting of airguns within the city limits, regardless of if there is a public roadway nearby. Below are a few of the examples I found in the Grand Rapids area:
As you can see, airguns are heavily regulated by local laws in comparison to the state. If you live in Michigan and are looking at getting into shooting airguns, definitely check the ordinances for your local municipality before doing so.
News And Updates Concerning Airgun Law
In 2014, Governor Rick Snyder signed House Bill No. 4771, an amended bill that updated the previously outdated language in Michigan’s state law. The previously listed law included arbitrary, overly restrictive language on the definition of weapons, which in turn proved problematic for both constitutionally protected weapons as well as other weapons that went prone to be banned, including air guns.
Now, instead of putting air guns, or BB guns, under the same category as handguns, rifles, and shotguns, the law makes a clear distinction that air guns are not included as such. The new bill defines "weapon" as any firearm, gun, revolver, pistol, or shotgun from which a shot or a missile is propelled by the action of gunpowder." What this means is that air guns, whether they are powered by air or any other means, are not governed under the same laws as conventional firearms.
There has always been confusion regarding whether pellet guns ought to be licensed or registered as a gun. In Michigan, those with pellet or BB guns are not required to obtain a permit, make a registration, or possess a license for their air guns.
As for hunting and target practice, it is lawful to use air guns during those activities — provided that the air guns are of sufficient velocity and caliber according to the specifications set forth by the Natural Resources and Environmental Protection Act. Generally, the caliber of the air gun must not be less than .20 inch in diameter and the velocity must exceed 600 feet per second in order for one to be legally permitted to hunt cockroaches, rabbits and other small game as long as the landowner consents.
Safe And Responsible Airgun Handling
An airgun shooting enthusiast must understand and take seriously all laws and regulations involving the purchase, sale or discharge of guns, firearms and air rifles. These laws and regulations are complicated, and most of them can be found in Michigan statutes, ordinances, and regulations. These sources typically carry penalties for disobeying or ignoring their provisions.
If you own or possess a firearm or an airgun, you should adopt the following best practices:
- Always keep your air rifle and pellets out of the reach of small children.
- If you have small children, make every reasonable effort to keep your air rifle in a secure location away from them.
- Never display your air rifle or your pellets or BBs anywhere they may be seen by children and/or criminals .
- Make sure you follow and obey all local, state and Federal laws that apply to airgun shooting.
- If you are to be away from home for any length of time, make sure your air gun and its pellets are safely secured.
- If someone is taking care of your home while you are away, make sure that person or persons do not have access to your air rifle or its pellets.
- Stored air rifles and pellets or BBs should be secured using a safety trigger lock and should always be kept in a lockable storage container or in a locked room, basement, recreational or vacation home, cottage or shed.
- Quickly and immediately report any theft, loss or disappearance of your air rifle and pellets to your local police agency.