Short-Barreled Shotguns and Short-Barreled Rifles in Michigan
Background
The Michigan State Police (MSP) Legal Resources and Education Section (LRES) has received several inquiries regarding the regulation of “short-barreled shotguns” (SBS) and “short-barreled rifles” under Michigan law in light of the continuing changes in application of federal law to such firearms under the National Firearms Act (NFA) by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and federal courts as most recently reflected in the “Open Letter” sent to all federal firearms licensees (FFLs) and the public by the ATF on October 9, 2026.Note: This legal update is intended for informational purposes only to address the potential application of Michigan law and is not intended to provide any interpretation of federal law, the NFA, or previous ATF guidance. The MSP will not offer an advisory opinion as to whether a particularly described firearm or device is “lawfully made, manufactured, transferred, or possessed under federal law,” and persons seeking legal advice on how federal firearms laws interact with Michigan law in this area should contact private legal counsel for assistance. As further noted in the ATF Press Release accompanying issuance of the open letter on October 9, 2026, FFLs and members of the public with questions on interpretation of federal law in this area are directed to closely read the ATF’s frequently asked questions (FAQs) or contact the Firearms Industry Programs Branch at FIPB@atf.gov.
MSP Legal Update No. 106
On March 27, 2014, MSP Legal Update No. 106 was issued to describe 2014 PA 63 which amended the Firearms Chapter of the Michigan Penal Code to allow a person, under certain conditions, to make, manufacture, transfer, or possess a “short-barreled shotgun” (SBS) or a “short-barreled rifle” (SBR) under Michigan law if that SBS or SBR is lawfully made, manufactured, transferred, or possessed under federal law. MCL 750.224b.While Congress, the ATF, or federal courts may continue to change what it means for a particular firearm to be “lawfully made, manufactured, transferred, or possessed under federal law,” the recent ATF guidance makes clear that the district court’s injunction and the enforcement policy announced by the “Open Letter” does not affect state or local laws that govern NFA weapons. Because nothing has really changed in the application of Michigan law to such NFA firearms, MSP Legal Update No. 106 continues to present an accurate description of Michigan law in this area as further described below.
General Prohibition on Making, Manufacturing, Transferring, or Possessing a SBS or SBR in Michigan
Unless exempt as noted below or under MCL 750.231, it is generally a felony under MCL 750.224b(1) for a person to make, manufacture, transfer, or possess a short-barreled shotgun (SBS) or short-barreled rifle (SBR) in Michigan as those items are respectively defined in MCL 750.222(i) and MCL 750.222(k). MCL 750.224b(1).Federal Exemption - Burden of Establishing in Michigan
Under Michigan law, the felony violation under MCL 750.224b(1) “does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law.” MCL 750.224b(3).Nevertheless, MCL 750.224b(7) clearly imposes the burden shifting requirements of MCL 776.20 to require that in any prosecution for the unlawful making, manufacturing, transferring, or possessing of a SBS or SBR under Michigan law, the burden of establishing the federal exemption under MCL 750.224b(3) rests solely on the defendant and not the State, prosecuting officials, or investigating law enforcement officers.
Required Registration of a SBS or SBR as a “Pistol” under Michigan Law
Even if a person, excluding a manufacturer, can ultimately satisfy their burden of establishing the federal exemption under MCL 750.224b(3) because their SBS or SBR “26 inches or less in length” was “lawfully made, manufactured, transferred, or possessed under federal law,” the person must nevertheless comply with Michigan’s pistol registration requirements in MCL 28.422 or MCL 28.422a. MCL 750.224b(4).Requirements to Possess, Transport, or Use a SBS or SBR “Greater than 26 Inches in Length” in Michigan
Even if a person, excluding a manufacturer, can ultimately satisfy their burden of establishing the federal exemption under MCL 750.224b(3) because their SBS or SBR “greater than 26 inches in length” was “lawfully made, manufactured, transferred, or possessed under federal law,” MCL 750.224b(5) requires any person who possesses that SBS or SBR to also possess a copy of the “federal registration” of that SBS or SBR while transporting or using that SBS or SBR and to “present that federal registration to a peace officer upon request by that peace officer.” MCL 750.224b(5).State Civil Infraction for Failing to Possess or Produce “Federal Registration” for SBS or SBR “Greater than 26 Inches in Length”
Even if a person, excluding a manufacturer, can ultimately satisfy their burden of establishing the federal exemption under MCL 750.224b(3) because their SBS or SBR “greater than 26 inches in length” was “lawfully made, manufactured, transferred, or possessed under federal law,” a person who violates MCL 750.224b(5) for failing to “possess a copy of the federal registration” of that SBS or SBR while possessing, transporting, or using it and for failing to “present that federal registration to a peace officer upon request by that peace officer” is guilty of a state civil infraction and may be fined not more than $100.00 as provided in MCL 750.224b(6).Seizure and Forfeiture for Failing to Possess or Produce “Federal Registration” for SBS or SBR “Greater than 26 Inches in Length”
Even if a person, excluding a manufacturer, can ultimately satisfy their burden of establishing the federal exemption under MCL 750.224b(3) because their SBS or SBR “greater than 26 inches in length” was “lawfully made, manufactured, transferred, or possessed under federal law,” their SBS or SBR remains subject to an immediate seizure by a Michigan peace officer if the person violates MCL 750.224b(5) for failing to “possess a copy of the federal registration” of that SBS or SBR while possessing, transporting, or using it and for failing to “present that federal registration to a peace officer upon request by that peace officer.” MCL 750.224b(6).
If a peace officer seizes a SBS or SBR under MCL 750.224b(6), the person has 45 days in which to display the “federal registration” to an authorized employee of the law enforcement entity that employs the peace officer. If the person displays the federal registration to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the SBS or SBR to the person unless the person is prohibited by law from possessing a firearm. If the person does not display the “federal registration” within the 45-day period, the SBS or SBR is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under MCL 600.4701 to 600.4709 of the Revised Judicature Act.
Officers should be aware that it may be a true statement that the ATF or certain federal courts have determined that the registration of specific NFA firearms are not currently required under federal law and that there may be other states where persons can now lawfully possess and transport such NFA firearms under the laws of that state without NFA registration or further state regulation.
Nevertheless, and much like a resident from a “Constitutional Carry” state who remains generally required under Michigan law to have a valid concealed pistol license (CPL) issued by their state of residence to lawfully carry their concealed pistol in Michigan in order to avoid potential criminal liability under MCL 750.227(2), even though they don’t need one to carry concealed in their own state of residence, a person in possession of a SBS or SBR remains required under Michigan law to possess and produce a copy of a federal registration for any SBS or SBR “greater than 26 inches in length” upon request of a peace officer, or to comply with the pistol registration requirements of MCL 28.422 or MCL 28.422a for any SBS or SBR “that is 26 inches or less in length.”