sasha601
Regular Member
Michigan Pistol must be 26"-30" long..but what is the legal way to measure OAL in MI?
I see increased number of threads related to Michigan Pistols. I am sure many gun owners are trying to buy a Michigan Pistol or to convert a rifle to be a Michigan Pistol by installing a folding stock prior to 1-1-13 when new law comes into effect that. Only these who registered prior to that date will be allowed to grandfather such pistols and able to carry under MI CPL laws.
It is critically important that such type of firearm is between 26" and 30" to be legally a pistol in Michigan. If rifle/shotgun is under 26", then it is a short barreled rifle/shotgun according to MI Attorney General Opinion # 6280 (link ---> http://www.ag.state.mi.us/opinion/datafiles/1980s/op06280.htm). If it is over 30", then it is no longer a pistol. Possession of ether concealed (including vehicle, of course) is a felony under MI law even if person has a CPL.
We have to deal with small window of length. But, what is a legal way of measuring an OAL of firearm in Michigan. Also, shall removable (threaded) muzzle device be included in OAL? Clear, unambiguous answer to this is very important to make sure these who wish to carry MI Pistols under authority of CPL are not in legal jeopardy. I do not hink Michigan law is clear on these two extremely critical points:
I found no MI statutes that specify how OAL shall be measured. In absence of a specific law, it seems to me that there are two reasonable methods: ATF method and "Dictionary" method.
ATF method:
"The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore." (see page 6 of this link ---> http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-2.pdf) The key here is that measurement shall be done "...on a line parallel to the axis of the bore"
"Dictionary" method:
The first listed choice for definition of "length" in Merriam-Webster dictionary is "the longer or longest dimension of an object" (see link ----> http://www.merriam-webster.com/dictionary/length)
Your firearm may or may not be a pistol under Michigan law depending which method you use. For example, some AK-47 under folders are less than 26" per ATF method, but over 26" per "Dictionary" method (measured from tip of barrel to tip of a grip). So, which method is legal in Michigan. Do not conclude too fast that ATF method prevails. I believe there is nothing in MI firearm statutes that refers to ATF method. On another hand, Michigan courts seems to rely on dictionary definitions when ambiguity exists.
Also, muzzle devices. Should these be included in OAL? ATF literature states (see the same link for ATF above) that measurement is done to "...the muzzle of the barrel..." suggesting that muzzle device is not included. But, this is per ATF (federal law and regulations apply). I did not find anything in MI law that clears this ambiguity. One example is a PTR-91 rifle with folding stock. One that I saw recently is over 30" with muzzle brake attached (makes it a rifle in Michigan) and below 30" when muzzle removed (currently a pistol in Michigan).
It will be great if members can provide thoughts on this subject. Links to laws, opinions, cites will also be greatly appreciated.
I see increased number of threads related to Michigan Pistols. I am sure many gun owners are trying to buy a Michigan Pistol or to convert a rifle to be a Michigan Pistol by installing a folding stock prior to 1-1-13 when new law comes into effect that. Only these who registered prior to that date will be allowed to grandfather such pistols and able to carry under MI CPL laws.
It is critically important that such type of firearm is between 26" and 30" to be legally a pistol in Michigan. If rifle/shotgun is under 26", then it is a short barreled rifle/shotgun according to MI Attorney General Opinion # 6280 (link ---> http://www.ag.state.mi.us/opinion/datafiles/1980s/op06280.htm). If it is over 30", then it is no longer a pistol. Possession of ether concealed (including vehicle, of course) is a felony under MI law even if person has a CPL.
We have to deal with small window of length. But, what is a legal way of measuring an OAL of firearm in Michigan. Also, shall removable (threaded) muzzle device be included in OAL? Clear, unambiguous answer to this is very important to make sure these who wish to carry MI Pistols under authority of CPL are not in legal jeopardy. I do not hink Michigan law is clear on these two extremely critical points:
I found no MI statutes that specify how OAL shall be measured. In absence of a specific law, it seems to me that there are two reasonable methods: ATF method and "Dictionary" method.
ATF method:
"The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore." (see page 6 of this link ---> http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-2.pdf) The key here is that measurement shall be done "...on a line parallel to the axis of the bore"
"Dictionary" method:
The first listed choice for definition of "length" in Merriam-Webster dictionary is "the longer or longest dimension of an object" (see link ----> http://www.merriam-webster.com/dictionary/length)
Your firearm may or may not be a pistol under Michigan law depending which method you use. For example, some AK-47 under folders are less than 26" per ATF method, but over 26" per "Dictionary" method (measured from tip of barrel to tip of a grip). So, which method is legal in Michigan. Do not conclude too fast that ATF method prevails. I believe there is nothing in MI firearm statutes that refers to ATF method. On another hand, Michigan courts seems to rely on dictionary definitions when ambiguity exists.
Also, muzzle devices. Should these be included in OAL? ATF literature states (see the same link for ATF above) that measurement is done to "...the muzzle of the barrel..." suggesting that muzzle device is not included. But, this is per ATF (federal law and regulations apply). I did not find anything in MI law that clears this ambiguity. One example is a PTR-91 rifle with folding stock. One that I saw recently is over 30" with muzzle brake attached (makes it a rifle in Michigan) and below 30" when muzzle removed (currently a pistol in Michigan).
It will be great if members can provide thoughts on this subject. Links to laws, opinions, cites will also be greatly appreciated.