Detroit Michigan Airgun Laws

The city of Detroit Michigan has several laws pertaining to airguns on their books. These laws are as follows:

Definition of Airguns


For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun shall mean any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not include a firearm.


Dealer shall mean any person engaged in the business of selling at retail or renting any air gun.


Sales of Airguns to Minors Prohibited.


(a) It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.


(b) It shall be unlawful for any person to give, lend or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.


Possession by minors


Notwithstanding any inconsistent provisions of this Code or other city ordinance, it shall be lawful for any person under eighteen (18) years of age to have in his possession any air gun if it is:


(1) Kept within his domicile;


(2) Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult;


(3) Used in or on any private grounds or residence under circumstances when such air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.



Carrying by minors in public


It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, that such person under eighteen (18) years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.


Discharging


It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land or any public place, except on a properly constructed target range.


REPLICA OR FACSIMILE FIREARMS


The word “firearm” as used in this article means any weapon from which a dangerous projectile may be propelled by using explosives, gas, or air as a means of propulsion including any shotgun, rifle, pistol, or other device of a similar character.


The words “replica or facsimile firearms” as used in this article mean any devices or objects made of plastic, wood, metal, or any other material which are replicas, facsimiles, or toy versions of, or are otherwise recognizable as: a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative firearm, or other firearm. As used in this article, the words “replica or facsimile firearms” shall include, but are not limited to, toy guns, theatrical production props, hobby models (either in kit form or fully assembled), or any other devices which might reasonably be perceived to be real firearms.


Brandishing


It is unlawful for any person to draw, exhibit, or brandish replica or facsimile firearms or simulate the drawing, exhibiting, or brandishing of replica or facsimile firearms, in a rude, threatening, or angry manner with intent to fright, vex, harass, or annoy any other person.


It is unlawful for any person, with knowledge that a peace officer, fire fighter, emergency medical technician, or paramedic is engaged in the performance of his or her duties, to draw, exhibit, or brandish replica or facsimile firearms in their presence.


Civil forfeiture


Any replica or facsimile firearms possessed, or sold, or displayed with the intent to sell, or manufactured within the corporate limits of the City of Detroit with intent to sell in violation of this article, or used in a rude, threatening or angry manner, shall be seized and forfeited to the City of Detroit.


Any person who shall be convicted of violating any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine not less than one hundred dollars ($100.00) but not greater than five hundred dollars ($500.00).


Definitions


The word “firearm” as used in this article means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion including any shotgun, rifle, pistol or other device of a similar character.


Discharge of firearms


No person shall discharge a firearm in the city, except for police officers in the discharge of their duties, persons acting in self-defense and licensed shooting galleries or ranges.


Drawing, handling, etc., of guns in public


No person, except a peace officer in the discharge of his duty or a citizen in self-defense, shall draw, handle or flourish a revolver, pistol or other gun in any public street, avenue, alley, public park or other public space.



Careless, reckless or negligent use of firearms

Fine and imprisonment for violation of article.
Upon conviction of a violation of any section of this article where a firearm or pistol is involved, the violator shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and in addition shall be confined in the Wayne County jail or other facility under the sheriff’s jurisdiction for a period of not less than thirty (30) days. A person who violates this article after a first conviction for violation thereof shall be fined as stated above and in addition shall be confined in the Wayne County jail or similar facility for a period of not less than sixty (60) days. After two (2) or more convictions of violating this article, a violator shall be fined as stated above and in addition shall be confined in the Wayne County jail or similar facility for a period of not less than ninety (90) days. If detention facilities are filled, or if a sentencing judge finds from credible evidence that a defendant has no prior juvenile adjudications nor convictions of any kind, has not previously carried a concealed weapon illegally, and enjoys a good reputation in the community, a judge may defer the beginning date of a violator’s required sentence for up to sixty (60) days or may sentence a violator to a government-sponsored mandatory work program for a number of hours equivalent to sixteen (16) multiplied by the number of days of the required sentence; however, the sentence to the work program shall be upon the condition that if the violator fails to comply with the rules of the work program, the sentence to the work program shall be revoked and the violator shall actually serve the required jail sentence.


Definitions


For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun shall mean any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not include a firearm.


Dealer shall mean any person engaged in the business of selling at retail or renting any air gun.


(a) It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.


(b) It shall be unlawful for any person to give, lend or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.


Possession by minors


Notwithstanding any inconsistent provisions of this Code or other city ordinance, it shall be lawful for any person under eighteen (18) years of age to have in his possession any air gun if it is:


(1) Kept within his domicile;


(2) Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult;


(3) Used in or on any private grounds or residence under circumstances when such air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.


Carrying by minors in public


It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, that such person under eighteen (18) years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.


Violations


(a) Persons under seventeen years of age. Any person who is under seventeen (17) years of age and who violates any provision of this chapter shall be guilty of a separate offense for each violation committed, and upon adjudication, shall be punished, for each such offense, by one of or any combination of the following:


(1) A fine not exceeding five hundred dollars ($500.00);

(2) Commitment to an authorized private or public agency or institution;

(3) Placement in foster care;

(4) The performance of community service;

(5) Probation in the minor’s own home or in the home of a related adult;

(6) A warning;

(7) The payment of court costs; or

(8) Such other appropriate order of disposition in the discretion of the court.

(b) Persons seventeen years of age and older. Except as otherwise provided by this chapter, any person who is seventeen (17) years of age or older and who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished, for each such offense, by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the court.


OFFENSES AGAINST PROPERTY

Weapon means:
(1) A loaded or unloaded firearm that is thirty (30) inches or less in length, or a loaded or unloaded firearm whose construction and appearance conceals it as a firearm, from which a dangerous projectile may be propelled by an explosive, gas, or air;