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Out Of State CPL (purchases) ??

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Two separate set of laws come into play here: Federal Law and State Law.

Under Federal Law, in order to purchase a handgun in a state, you must be a resident of that state. Additionally, an NCIS check must be completed before the sale to verify that the person is not prohibited, under federal law, from purchasing firearms. However, there is an exception in Federal Law for certain state permits to serve in the place of an NCIS check. see: http://www.atf.gov/publications/download/p/atf-p-5300-5-2011/permanent_brady_permit_chart.pdf

If you look at the list above, you will notice that Michigan's CPL serves as an exception to the NCIS check; Maine's license does not. So, even if Maine wanted to give an exception for an NCIS check to Maine license holders, they could not do so.

Remember, under Federal Law, in order to purchase a handgun in a state, you must be a resident of that state. For residents without a CPL, Michigan (MSP) also is considered a Point of Contact (POC) for the check under the Brady law ie the local PD runs the check, not NCIS. What this means is that a person with a License to Purchase from their PD technically does not need to have an NCIS completed at the sale; the check has already been completed at the state level. I know, however, that most FFLs will still do a check if the purchaser has a License to Purchase from the local PD.http://www.atf.gov/publications/download/p/atf-p-5300-5-2011/ready_reference_table.pdf

Since Michigan's License to Purchase is the state POC's certification that the check has been done, and all resident's need to get the License to Purchase or have a CPL, you would be out of luck. Additionally, Maine's license to conceal is not acceptable as an NCIS exception so, even in the state of Maine, the license to conceal does not provide an exception to the NCIS check.

So Stainless, on both accounts, I think you are out of luck.
 
Last edited:

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
Two separate set of laws come into play here: Federal Law and State Law.

Under Federal Law, in order to purchase a handgun in a state, you must be a resident of that state. Additionally, an NCIS check must be completed before the sale to verify that the person is not prohibited, under federal law, from purchasing firearms. However, there is an exception in Federal Law for certain state permits to serve in the place of an NCIS check. see: http://www.atf.gov/publications/download/p/atf-p-5300-5-2011/permanent_brady_permit_chart.pdf

If you look at the list above, you will notice that Michigan's CPL serves as an exception to the NCIS check; Maine's license does not. So, even if Maine wanted to give an exception for an NCIS check to Maine license holders, they could not do so.

Remember, under Federal Law, in order to purchase a handgun in a state, you must be a resident of that state. For residents without a CPL, Michigan (MSP) also is considered a Point of Contact (POC) for the check under the Brady law ie the local PD runs the check, not NCIS. What this means is that a person with a License to Purchase from their PD technically does not need to have an NCIS completed at the sale; the check has already been completed at the state level. I know, however, that most FFLs will still do a check if the purchaser has a License to Purchase from the local PD.http://www.atf.gov/publications/download/p/atf-p-5300-5-2011/ready_reference_table.pdf

Since Michigan's License to Purchase is the state POC's certification that the check has been done, and all resident's need to get the License to Purchase or have a CPL, you would be out of luck. Additionally, Maine's license to conceal is not acceptable as an NCIS exception so, even in the state of Maine, the license to conceal does not provide an exception to the NCIS check.

So Stainless, on both accounts, you I think you are out of luck.
Great analysis and summary.
 
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