An Overview of Michigan Suppressor Laws
The legality of suppressors in Michigan has dramatically changed in recent years. In the past, Michigan law was crystal clear on the matter: suppressors were illegal. The law said they were illegal. Anyone caught with one went to jail. In order to possess a suppressor, you needed an ATF stamp and you needed to be in compliance with Michigan law, which meant you possessed the suppressor in your dwelling or place of business. Mich. Comp. Laws § 750.224a(5)(d) stated "A person shall not possess a firearm that is equipped with a silencer …" while it was also illegal to "Manufacture, sell, offer for sale, or give away a silencer …" Mich. Comp. Laws § 750.224(4).
Nobody bothered to challenge these laws until 2015 when the Michigan Supreme Court ruled on the first real legal challenge to the legality of suppressors since the original passage of the firearms silencer ban in 1965. In People v. McFarlane, the court ruled on the constitutionality of the silencer ban, and ruled that the ban was constitutional. The court found that suppressors are not common arms under the Second Amendment of the Constitution. However, the court also noted that no law existed that prohibited a citizen from possessing a suppressor that had already been legally registered with the ATF. Taking its ruling one step further, the court then announced that nothing in the law required a citizen to possess a suppressor in his/her dwelling or place of business. Consequently, the court concluded that there was no lawful reason for preventing suppression of the noise from a firearm that left private property and entered the public domain.
The announcement was monumental. The decision of People v. McFarlane arrived on the heels of Michigan’s 2014 decision to amend its firearms laws in order to clarify that suppressors were lawful in the state. Under the new law, Mich. Comp. Laws § 324.43522 permits Michigan residents to possess a "silencer" as defined in Mich. Comp. Laws § 123.1102(s). Mich. Comp. Laws § 123.1102(s) defines a "silencer" as a "firearm suppressor." A "firearm suppressor" is "any device for silencing, suppressing, or diminishing the report of a firearm." Mich. Comp. Laws § 324.43522(a). However, Mich. Comp. Laws § 753.224b prohibits Michigan residents from possessing "silencers" or "firearm suppressors" unless they are "manufactured" or "possessed pursuant to a license issued by [the Bureau of Alcohol, Tobacco, Firearms and Explosives or a successor] . . ."
Despite the ambiguities of the amended laws, they were a step in the right direction. Indeed, the vast majority of Michigan gun owners were overjoyed at the changes which finally brought the suppressor laws into the 21st century . And they waited, with bated breath, for the amendments to take effect on December 1, 2014. However, the state was quick to issue a staggeringly vague reaction.
In October of 2014, two Michigan government departments released general statements regarding their expectations of proper compliance with Mich. Comp. Laws § 324.43522. In short, the state told Michiganders: "It remains illegal for a Michigan resident to possess firearm suppressors." It was a startling reaction to the amendment. Indeed, the Michigan State Police and the Michigan Department of Natural Resources jointly warned gun owners that, while the statutory language is indeed changed, the illegal underpinnings were not. The state agencies claimed that Mich. Comp. Laws § 753.224b still made suppressors illegal because they could still be charged with certain "unlawful transaction" felonies or "unlawful possession" felonies based on the intent to possess a firearm suppressor.
The state didn’t seem to comprehend the existence of the federal National Firearms Act. Under the federal National Firearms Act, firearm suppressors must be properly registered in the National Firearms Registration and Transfer Record. To do so, a person must fill out ATF Form 4 and submit it to the ATF with a check for the non-refundable $200.00 application fee. Additionally, a person wishing to obtain a firearm suppressor must submit two passport-sized photographs to the Bureau. ATF Form 4 requires the dealer with whom the suppressor purchase is arranged to complete Section A to verify that the suppressor has not yet been transferred to the possessor. If the suppressor has already been transferred, the dealer must complete Section A and Section B to identify the suppressor to be transferred.
If the ATF approves the application, the Supervisor of the NFA Branch returns a copy of the form to the applicant. The supervisor retains a copy for federal record keeping. The approved Form 4899 is then stamped by the supervisor and sent back to the applicant. After completion of the above process, the suppressor is considered to be in the "possession" of the applicant. This means the suppressor is properly legally possessed.
Since the Michigan Supreme Court’s ruling, most attorneys agree the state’s statutory language is inconsistent and redundant. However, some criminal defense lawyers remain divided as to what this means for suppressors in Michigan. Certainly, the law remains confusing for the average citizen. Yet, as the law stands today, Michiganders can legally take their suppressors to the woods without worrying about any legal troubles.
Federal Law vs. Michigan Law
Federal laws and regulations regarding suppressors are generally uniform across the entire United States. However, Michigan state laws can vary. While federal law does allow for the legal possession of suppressors with proper licensing and registration under the National Firearms Act (NFA), this doesn’t mean that federal law supersedes state law. This is especially true in a state like Michigan, where the relationship between the state and federal laws governing suppressors is so complicated.
Michigan does allow suppressors, but there are several important requirements. Both Michigan residents and non-residents can legally bring them into the state. However, all suppressors in the state must be serialized, even if it’s not required by federal law. And while suppressors are legal to purchase in Michigan, you must first obtain a concealed carry license (CCL) to be able to use them. While Michigan does have some laws that, thus far, differ from federal regulations, there are no current laws concerning the use of a suppressor by a person who does not possess a CCL who has been issued a suppressor from an NFA licensee. This might change in the future, so it’s important to know the laws as they stand before planning any future hunting or sporting events.
Are You Eligible for a Suppressor?
If you fall within the above definitions and are otherwise legal to possess a firearm in Michigan, you will qualify for acquiring a suppressor. Additionally, for the same reasons that a non-felon may own a Glock pistol without a permit, a suppressor will not require any permit, license, or tax stamp when made or purchased in Michigan.
How to Buy a Suppressor in Michigan
Purchasing a Suppressor in Michigan requires that you go through the normal procedure as you would for any other gun purchase in the state. Many individuals, however, are confused about the number of steps involved and the time it takes to purchase a suppressor because there are some federal restrictions on the sale of suppressors that are not there for other types of guns. The process starts with you buying a suppressor through the dealer. Then, you have to fill out all the necessary paperwork. This includes a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (or ATF) form 4. The ATF form 4 is a requirement of the National Firearms Act. No matter whether you are a state resident or not, you will need an ATF form 4 to legally buy a suppressor. Since suppressors are legal in Michigan, you can get the form 4, but your local sheriff must fill it out and sign it before you will be allowed to purchase the suppressor.
After filing out the form 4, you’ll have to send the completed form to your state police force. From there, they will do a thorough background check on you. Then, they’ll send you a fingerprints and photos card. You’ll receive a fingerprint and photos card for each suppressor you’d like to buy, which will require you to get fingerprinted and photographed by your local law enforcement agency. After the ATF form 4 and the fingerprint are completed, you’ll have to wait for the ATF to sign your application. The ATF will only sign the permit once they run a thorough background check on you. This process usually takes anywhere from 3-6 months.
How to Legally Transport a Suppressor
Just like handguns, suppressors must also be transported the right way. When transporting a handgun in Michigan, the gun must be in a closed case. Certain situations (such as going to the range or taking the gun to be serviced at a gunsmith) allow you to have the gun out of the case and in the open.
The law regarding transportation of suppressors does not go into much detail, but some basic commonsense rules can guide you:
• Suppressors don’t go bang. That’s the point of them. Even so, you don’t want to mistakenly point one at somebody when carrying it, so treat it with care.
• Similar to the handgun rule, Michigan law allows you to have a suppressor in plain sight when you have certain reasons for carrying it, such as going to the range, having the suppressor serviced by a gunsmith, etc . Only use this exception if you are in a "safe" area or environment where other people have a high level of familiarity with guns.
• Interstate travel with a suppressor is essentially like traveling with any other personal property. One important thing to remember: if the suppressor is registered in a trust, it is important to bring the trust’s paperwork along for the trip. Federal law does give you some leeway on this point. For example, the ATF has said that it will not prosecute someone for not having a Form 5320.20 at the time of travel, provided that the person can get a copy of it mailed to them. Practically speaking, however, it is a good idea to have the Form 5320.20 available at the time of travel. This will reduce the amount of hassle you will have to go through should a police officer request to see this document.
Consequences of Illegal Suppressor Possession
Following the passage of the Hearing Protection Act, and as of September 13th, 2019, the triggering date for the 90-day grace period for LEGAL suppressors to be registered under the NFA rule, the penalty for illegal possession of a suppressor under the NFA rule, as classified by 26 U.S. Code § 5861(d), is in fact 10 years. Unless one is a Federal Firearms Licensee/Dealer or a Collector of Curios and Relics (08 or 03), and possesses the suppressor with the intention to transfer it to a legitimate buyer, if you possess a suppressor without it being properly registered, you are in possession of an unregistered (illegal) suppressor.
The reality is if you possess a suppressor, and have not registered it where legal, you possess an unregistered suppressor. As Michigan law enforcement agencies are aware of this fact, the likelihood of successfully challenging the 10-year penalty for illegal possession, is slim to none. Keep in mind that the ENTIRE STATE of Michigan is a "May Issue" state when it comes to permits to carry. They do not even have to issue you a permit. They DO NOT NEED REASONABLE CAUSE to deny your application. So if you decide to go that route, there is a good chance that REASONABLE CAUSE will not be considered in the eyes of the law.
It is factual that local and state level law enforcement agencies are gradually getting more familiar with suppressor legality. However, in regard to the courts, some judges and prosecutors see near black and white. Either a suppressor is legal or it is not. Ignorance is not a legitimate defense when asked: "How did you not know the suppressor was not registered?" While courts have shown some leniency with regards to stores, businesses, or private citizens selling a suppressor that they believed (and had reason) to be legal, discretion is rarely given to the individual who possessed the suppressor.
The Use of Suppressors for Hunting and Other Activities
Suppressors, increasingly referred to as silencers – although they do not render firearms completely silent – have a long history in hunting and recreation. Indeed, the long history of suppressors in Michigan is apparent in state law, which recognizes – and regulates – their use in the context of hunting. For example, under Mich. Comp. Laws 324.43519, suppressors are legal for hunting. More specifically, Mich. Comp. Laws 324.43519(1) provides: 9) A person shall not take game with a bow and arrow or crossbow while in possession of a muffled bow and arrow or muffled crossbow unless he or she has a permit to take game while in possession of a muffled bow and arrow or muffled crossbow issued by the department. Other statutes and regulations are relevant to hunting with suppressors under Michigan law as well, including, but not limited, Mich . Comp. Laws 324.40116 (regulating hunting within 450 feet of a dwelling or occupied building while in possession of a bow and arrow or crossbow), Mich. Comp. Laws 324.40112 (regulating hunting and discharge of crossbows and firearms with straight-walled cartridges in northern Michigan), and Mich. Comp. Laws 324.40112a (regulating hunting and discharge of rifles, shotguns, primative weapons, and handguns of certain caliber and gauges in southern Michigan). These laws all help regulate the use of suppressors in various types of hunting throughout the state. Beyond hunting, recreational shooting with suppressors is common throughout Michigan. Although no specific prohibitions on recreational shooting in Michigan exist, state and federal regulations applicable to recreational shooting are discussed throughout this guide.