Can I Legally Wear a Covid-19 Face Mask While Lawfully Carrying a Firearm in Michigan?

The short answer is yes. There is no Michigan law specifically on this topic and the existing laws in Michigan do not otherwise preclude the wearing of a Covid-19 facemask while otherwise carrying a firearm in Michigan.

In Michigan, the Covid-19 Pandemic has brought significant changes and restrictions to Michiganders.  One of the often-debated pandemic guidelines is the requirement to wear a facemask. Currently, there is no absolute rule on the facemask requirement, and the guidelines on this topic vary between counties, municipalities, stores, and restaurants to wear facemasks.  While the actual scientific merits of the facemask requirements may remain up for debate, it also leads to significant questions of legality.

One of the questions frequently asked of the Michigan Gun Lawyers at the Barone Defense Firm is whether a person carrying a firearm can do so legally while wearing a facemask.  Obviously, wearing a facemask while carrying a pistol into the local Kroger feels like you are going to rob the place, but is it illegal?

Our review of Michigan law suggests that it is perfectly lawful to wear a mask while carrying a firearm.  Additionally, we have determined that the Michigan State Police have issued no guidance to the citizens of Michigan. Nor has the governor issued any guidance in this regard.

To fully answer this question, in addition to laws, rules or regulations that may specifically apply, it is important to look at the Michigan Firearms Laws as a whole to see if there is a prohibition from wearing a mask while armed. There is a law, found at Michigan Compiled Laws Sec. 750.396 that does make it illegal to intentionally conceal your identity by wearing a mask to commit a crime.  However, there is nothing in the statute that specifically prohibits legally carrying a weapon while wearing a mask.  Instead, the law prevents wearing a mask, even if you are unarmed, but if you intend on committing a crime.

Moreover, it is also already illegal to carry a firearm if you intend to use it illegally.  Michigan Compiled Laws Sec. 750.226 makes it a felony to carry a weapon for that purpose.  Again, this does not address the regular right to open carry, or to carry under a CPL, if you are carrying for a lawful purpose.  Instead, we must look at the lack of a law prohibiting the wearing of a facemask while legally carrying a firearm to conclude that it is legal to do so in Michigan.

We at the Barone Defense Firm strongly support the safe exercise of your rights.  However, there are many other laws that still can limit your ability to legally possess firearms.  If you think you may be, or have been charged, or know someone who has, please contact us immediately to help avoid the loss of your rights and possibly your freedom.

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