Legal Update No. 163 (04/2025)

Penal Code amended to prohibit firearm possession at polling places, early voting sites, ballot drop box locations, city or township clerks’ offices, and absent voter counting places.

Public Act 157 of 2024 and Public Act 158 of 224 amended MCL 750.234d of the Michigan Penal Code to regulate the possession of firearms at polling places, early voting sites, absent voter ballot drop box locations and city or township clerk’s offices for the 40 days before an election, and absent voter counting places.   

Possession of firearms at a polling place, early voting site, absent voter ballot drop box location, or city or township clerk’s offices.

A person shall not do any of the following:

• Polling places: A person shall not possess a firearm in a polling place or within 100 feet from any entrance to a building in which a polling place is located while the polls are open on an election day. MCL 750.234d(3)(a).
• Early voting sites:  A person shall not possess a firearm at an early voting site or within 100 feet from any entrance to a building in which an early voting site is located on any day early voting is conducted at an early voting site as described in Article II, § 4(1)(m) of Michigan’s Constitution.  MCL 750.234d(3)(a).
• Absent voter ballot drop box:  A person shall not possess a firearm within 100 feet from any absent voter ballot drop box for 40 days before an election.  MCL 750.234d(3)(c).
• City or township clerk’s office:  A person shall not possess a firearm in a city or township clerk's office, or an official satellite office of a city or township clerk that is staffed by employees of the city or township clerk, or within 100 feet from any entrance to a city or township clerk's office or satellite office for the 40 days before an election when an absent voter can vote an absent voter ballot in person with the city or township clerk.  MCL 750.234d(3)(d). 

Exemptions: The above prohibitions do not apply to the following:

• A peace officer.  MCL 750.234d(4)(a).
• A person who possesses a firearm in that person's residence or on that person's private property or any other person who has permission to possess a firearm in that person’s residence or on that person’s private property.  MCL 750.234d(4)(b).
• A person carrying a concealed pistol if that person is licensed by this state or another state to carry a concealed pistol.  MCL 750.234d(4)(a).
• A person who is lawfully transporting or possessing a firearm in a vehicle.  MCL 750.234d(5).

Penalty: 90-day misdemeanor and/or $100 fine.

Possession of firearms at an absent voter counting place or a combined absent voter counting place, or within 100 feet from entrance.

A person shall not do the following:

Absent voter counting place or combined absent voter counting place: A person shall not possess a firearm in an absent voter counting place or a combined absent voter counting place or within 100 feet from any entrance to an absent voter counting place or a combined absent voter counting place while absent voter ballots are being processed.  MCL 750.234d(6).

Exemptions: The above prohibition does not apply to the following:

• A uniformed law enforcement officer acting in the course of the officer’s duties.  MCL 750.234d(7).

Penalty: 90-day misdemeanor and/or $100 fine.

Note: Unlike the general exemption for “peace officers” and others applicable to the possession of firearms at a “polling place,” “early voting site,” “absent voter ballot drop box location,” “city or township clerk’s offices” as described above, and other prohibited premises described in MCL 750.234d(1), only “a uniformed law enforcement officer acting in the course of the officer’s duties” is authorized to possess a firearm at an “absent voter counting place,” “combined absent voter counting place,” or within 100 feet from an entrance to such locations while absent voter ballots are being processed.

Officers should consult their own legal advisors for guidance if their department or worksite is located “within 100 feet from any entrance to an absent voter counting place or a combined absent voter counting place.”  Except for the limited exemption described above, MCL 750.234d(6) expressly prohibits the otherwise lawful possession of a firearm in such areas by any person while “absent voter ballots are being processed,” including off duty officers and plain clothes officers acting in the course of their duties.