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The legal landscape for firearm owners in Flint and throughout Genesee County underwent significant changes in 2024. For many residents, owning a firearm is about more than sport; it is about the fundamental right to protect one’s home and family. But as the state implements stricter regulations, many people are asking the same question: Michigan’s new gun laws: how they may impact your right to self-defense?
The Intersection of Safe Storage and Response Time
One of the most widely discussed changes is the new safe storage requirement outlined in Public Acts 16 and 17 of 2023. This law requires individuals to store firearms in a locked box or container, or at least keep them unloaded and locked with a device, if they know a minor is likely to be on the premises.
From a self-defense perspective, this creates a practical hurdle. If an intruder enters your home near Miller Road or downtown Flint in the middle of the night, every second matters. While the law is intended to prevent accidental shootings by children, it also means that a firearm might not be as “ready” as it once was.
But the law does provide specific protections. Under MCL 28.429, a firearm owner is generally not held criminally liable if a minor obtains the firearm and uses it in a lawful act of self-defense or the defense of another person, which means if a teenager in the home uses a weapon to stop a violent home invasion, the parents should not face storage-related charges, provided the use of force itself was legally justified.
Extreme Risk Protection Orders: The Red Flag Law
Michigan’s “Red Flag Law,” also known as the Extreme Risk Protection Order (ERPO) Act, took effect in February 2024 (MCL 691.1801). This law allows family members, household residents, or law enforcement to petition a court to temporarily remove firearms from someone who poses a risk to themselves or others.
In Flint, these cases are often handled in the 7th Circuit Court. If an ERPO is issued against you, your right to possess a firearm for self-defense is suspended, a civil process with massive implications for your Second Amendment rights.
If you find yourself served with an ERPO, you have the right to a hearing to challenge the order. The court must find by “clear and convincing evidence” that you pose a significant risk of personal injury to yourself or others by possessing a firearm. Because these orders can last up to a year, acting quickly to present your side of the story is vital.
Universal Background Checks and Ownership Records
Another major shift involves the acquisition of firearms. As of 2024, Michigan requires universal background checks for all firearm purchases, including private sales of rifles and shotguns. Previously, this was only required for handguns.
- Buying a Firearm: You must now obtain a license to purchase a firearm from a private individual (MCL 28.422).
- Recording the Sale: Sales records must be filed with the local law enforcement agency, such as the Flint Police Department or the Genesee County Sheriff’s Office.
- The Self-Defense Impact: If you use a firearm for self-defense that was acquired illegally or without a proper record after these laws took effect, it could complicate your “Stand Your Ground” defense.
Michigan’s Self-Defense Act, MCL 780.972, states that an individual may use deadly force with no duty to retreat only if they are “not engaged in the commission of a crime at the time.” If your possession of the firearm is considered a crime due to a failure to follow registration or background check laws, a prosecutor might argue you had a duty to retreat.
What Constitutes a Valid Self-Defense Claim Today?
Despite the new regulations, the core of Michigan’s self-defense law remains intact. You still have the right to defend yourself if you are in a place you have a legal right to be. To successfully claim self-defense in a Michigan court, three things generally must be true:
- Honest and Reasonable Belief: You must honestly believe that you or someone else is in imminent danger of death, great bodily harm, or sexual assault.
- Proportional Force: You must use only the force necessary to stop the threat.
- No Provocation: You cannot be the one who started the fight or escalated it to a point where deadly force became necessary.
The “Castle Doctrine” also still applies in Flint homes. Under MCL 780.951, there is a legal presumption that you had an honest and reasonable fear of death or great bodily harm if someone is in the process of breaking into your occupied home or vehicle.
Transparent Guidance from Clint W. Perryman PC
Facing a firearm-related charge or an ERPO hearing can be overwhelming. But you do not have to handle it alone. I am a hardworking, to-the-point advocate who treats every client with the honesty and fairness they deserve. My goal is to guide you through the complexities of the Flint court system and provide a transparent overview of your legal options. If you have questions about how these new laws apply to your specific situation, please don’t hesitate to contact me today.
Call Clint W. Perryman PC at 810-498-2370 for a fair and honest assessment of your case.
