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Thread: Non resident and possesion of handgun.

  1. #1
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I found this in the MSP legal update august 2006. I thought non-residents could bringhandguns into Michigan for lawful purposes, hunting, shooting competitions. What about peaceful journey? I know they need a CPL if carrying concealed. Isn't there a federal law that address interstate transport of firearms? How do out of state shooters participate in Michigan handgun competitions? I would guess that some competitive handgun shooters don't have CPLs.


    DID YOU KNOW?


    Note: The following material does not represent new law. Instead, it addresses issues raised by work sites throughout the state.


    Generally, persons from other states may not possess a pistol in Michigan unless they are a police officer or a concealed pistol license holder.


    MCL 28.422 requires a person to obtain a License to Purchase before they purchase, transport, or carry a pistol in Michigan. MCL 28.422(3)(c) requires that a person be a "legal resident of this state" in order to obtain a license (which begins the registration process). The only exception in that statute is for active-duty military members, who have 30 days after returning to Michigan to register a pistol.


    Other exceptions to the registration requirement can be found in MCL 28.432. That statute includes an exception for concealed pistol license holders from other states. Active and retired police officers are exempted from the registration requirements by federal law (The Law Enforcement Officers Safety Act, 19 USC 926B, et seq). That Act allows active and retired police officers to transport a pistol anywhere in the United States notwithstanding state firearms laws, provided they meet the requirements of the Act.


    The bottom line under these statutes is that persons from other states may not bring a pistol into Michigan unless they are a police officer or hold a CPL from their state of residence. There are no exceptions for persons who wish to bring a pistol to Michigan to hunt or target shoot.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  2. #2
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    Michigan accepts all states' permit to carry - this info piece cannot be right - there has to be a period of time to register, and most visitors would not stay that long.

  3. #3
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    Mike wrote:
    Michigan accepts all states' permit to carry - this info piece cannot be right - there has to be a period of time to register, and most visitors would not stay that long.
    MI does not accept NR permits.

    The information came from a MSP bulletin. I believe it is accurate. I also suspect it is unintentional.

  4. #4
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    MI does accept NR permits to OC but not CC.

    However an average LEO is likely to be confused by this law and arrest then let the courts sort it out.

  5. #5
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    The update mentions that non-resident CPL holders are exempt from this law, so if you have a resident permit from your state you are good to go. If you do not have a permit from your state but a permit from another state you are NOT good to go based on an AG opinion. What I want to know is can a non-resident without any CPL have a handgun in Michigan? I thought they could and I think I'm right, how else does a non-resident hunt or compete with a handgun in Michigan. What about the interstate transport of firearms? How does that play in this regard?
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  6. #6
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    OK OK, now that I actually read the bullitan, I see the resident CHP exception - but presumably there is (1) federal immunity for transportation thru MI and (2) a grace period before registration kicks in so you could lawfully possess and OC on foot during that grace period.

    Obvioulsy we muist litigate the discrimination against nonres permits at some point - best target state would be one which both refuses to accept many state permits, and, discriminates against nonres permit holders (e.g., SC, CO).

  7. #7
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    Read the law.

    From:

    28.432 Inapplicability of MCL 28.422 and 28.429; citation as “Janet Kukuk act”.

    (1) Sections 2 and 9 do not apply to any of the following:

    (f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

    Notice there is no mention that the CPL must be issued by your state of residence. Just that you are a U.S. citizen and that you have a license by any other state than Michigan.

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