Michigan Self-Defense Laws: When Is Deadly Force Permitted?

You might believe that using a firearm to protect yourself, your loved ones, or your personal property from unwanted home invaders or someone threatening you on the street can be classified as self-defense. And in many such instances, you’d be correct. However, understanding the Michigan Self-Defense Act and our state’s so-called “stand your ground” law (along with the related concept of “Castle Doctrine”) can be complicated… and firing your gun at anyone – even if it’s aimed at a criminal who’s come into your home without permission – comes with a number of legal risks you’ll want to consider before ever pulling the trigger.

As licensed attorneys, we can speak to the particulars of state law, but we want to start out this article by stating unequivocally that we are not a criminal defense firm. Let’s say that one more time to be sure it’s very clear: We are personal injury lawyers who specialize in helping people who’ve been hurt through no fault of their own seek compensation from the parties responsible for their injuries. We do not defend criminals (although if a client asks us for a referral to a reliable criminal law firm, we are certainly able to offer our advice).

All that being said, let’s take a few minutes to outline the Michigan Self-Defense Act and how it permits innocent Michiganders to legally protect themselves from crime by using deadly force.

The Michigan Self-Defense Act has strict parameters

allowing people to protect themselves and their loved ones

Since laws are carefully written by the state legislature to be sure there are no loopholes or misunderstandings, below are the main points of the Michigan Self-Defense Act verbatim as they appear in Michigan Compiled Laws (MCL 780.972). In a moment, we’ll discuss each of these points individually to explain and interpret the law, so you can make certain you are acting in a legal manner if you’re ever faced with a situation where you need to defend yourself from a criminal threat with a gun or some other weapon. Here’s exactly how the law reads:

“(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.”

Now let’s take this law apart, one section at a time, to help Michiganders fully understand their rights and responsibilities under this legislation.

“(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:”

OUR TRANSLATION: If you are not a criminal, you can use deadly force – and don’t have to run away – if you’re threatened in any place where you’re permitted to be present. In other words, if you’re at home, at work, out shopping, or in another location you’re allowed to visit, and you’re not committing a crime yourself, you have the right to “stand your ground” and defend yourself with deadly force (by using a gun, for example) if you’re in danger under some specific circumstances described as follows.

 “(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.”

OUR TRANSLATION: If you are convinced that you or someone else are at risk of death or of being severely harmed physically by a criminal, you have the right to defend yourself or that other person with deadly force (in other words, by using a gun or some other weapon).

“(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.”

OUR TRANSLATION: If you believe that you or another person are about to be raped or otherwise sexually assaulted, you have the right to defend yourself or that other person with deadly force (in other words, by using a gun or some other weapon).

“(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.”

OUR TRANSLATION: If you are not a criminal, you can also choose to use less-than-deadly force – and don’t have to run away – if you believe you are being threatened in any place where you’re permitted to be present. In other words, if you’re at home, at work, out shopping, or in another location you’re allowed to visit, and you’re not committing a crime, you have the right to “stand your ground” and defend yourself with less-than-deadly force if you are threatened by someone illegally using force against you or another person.

Please understand that none of the explanations we’ve provided here should be construed to constitute legal advice because every situation involving self-defense is different, but our comments are intended to help readers understand the basis of the Michigan Self-Defense Act. If you ever find yourself in need of legal advice in a specific case, contact a lawyer who specializes in the area of firearms law or criminal defense. We are happy to refer clients to appropriate law firms practicing in these areas.

When should you not use a firearm or

another deadly weapon to defend yourself?

After reading the law as it’s written and explained above, you can probably imagine some circumstances where it would be inappropriate (not to mention illegal!) to fire your weapon at someone who’s committing a crime. For example, if someone has stolen your personal property and is running away, it would be illegal for you to shoot the thief to prevent his escape. Similarly, if you witness a purse being snatched from an elderly neighbor walking her dog, don’t shoot the purse snatcher. Instead, check on your neighbor to be sure she’s okay, and call 911 to report the crime. (If you feel the need to shoot anything in this situation, shoot a photo or video with your cell phone to help law enforcement officers identify the culprit!)

If you ever do find yourself tempted to take the law into your own hands and shoot someone you think is behaving as a criminal, you should know that you are putting yourself at risk of facing assault charges or even having a civil suit filed against you by the criminal or his family if you’re found to have used deadly force in an incident where you or another individual were not under imminent physical threat. Remember, too, that you haven’t necessarily seen the entire situation as it unfolded. It’s entirely possible the person you think is a “criminal” is actually someone attempting to retrieve their own personal property from a thief who had stolen it from them earlier! Stranger things have happened.

Finally, remember that property can be replaced but human lives cannot. Wounding or killing someone to protect personal property is a serious action that can’t be taken back. Think long and hard before pulling a trigger in any circumstances where innocent lives are not being threatened.

What to do if you are unsure of whether

it’s legal to protect yourself by using a firearm

Situations where you find yourself in danger – or where you witness someone else being threatened with bodily injury – are fortunately quite uncommon despite what you might imagine if you watch the TV news. And making a split-second decision to fire a gun to protect yourself or another crime victim can result in genuine life-or-death consequences and long-term legal issues. That’s why you might wish to consider purchasing firearms liability insurance that can help pay for your legal defense if you’re ever caught in this type of circumstance. Organizations like the U.S. Concealed Carry Association (USCCA) among others offer this type of insurance, as well as advice on where you can legally carry your firearms in other states when you have a Michigan Concealed Pistol License. (If you check the USCCA state reciprocity map, you’ll see, for example, that your Michigan concealed permit is NOT valid in Illinois, so don’t even try to carry in the Windy City – you’d be committing a crime!) As a responsible firearms owner, you’re strongly urged to review this information from the Michigan State Police and consider purchasing that type of liability coverage if you believe you’ll ever have the need for personal protection using a firearm.

Needless to say, we hope that you’ll never find yourself having to fire a weapon to protect yourself, your loved ones, or anyone else from imminent harm. But if you do, you’ll want to have the best possible protection from what can happen in the days, weeks, and months after you pull that trigger. If you ever find yourself in need of legal advice in this kind of situation, we can refer you to attorneys specializing in firearms-related law. Just call 855-MIKE-WINS (855-645-3946) and spell out the details of what happened so we can send you in the right direction. And, of course, if you’re ever injured in a car crash, a work accident, an accidental shooting due to someone else’s negligence, or any other situation that’s not your fault, we’re always here to help.