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Proposed law allowing Non-residents to posses handguns in MI.

Venator

Anti-Saldana Freedom Fighter
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Here is the link to the proposed bill. I would appear to allow non-residents that are allowed a handgun in their home state to transport and use it in Michigan with or without a CPL. I would seem that if your gun was registered OR you were allowed to posses and transport a handgun in your state you could bring it into Michigan. I may be wrong so any comments?[/b]

[/b]http://www.legislature.mi.gov/documents/2007-2008/billintroduced/House/pdf/2008-HIB-5985.pdf[/b]

[/b](1) Sections 2 an 1d 9 do not apply to any of the following:

[/b](J) A NONRESIDENT WHO IS LICENSED TO CARRY, POSSESS, USE, AND

TRANSPORT A PISTOL IN ANOTHER STATE OR WHO IS EXEMPT FROM LICENSURE IN THAT OTHER STATE, WHO CARRIES, POSSESSES, USES, OR TRANSPORTS A PISTOL IN THIS STATE FOR A PERIOD NOT TO EXCEED 30 DAYS. AS USED IN

IN THIS SUBDIVISION, "NONRESIDENT" MEANS AN INDIVIDUAL WHO IS A LAWFUL RESIDENT OF ANOTHER STATE, THE DISTRICT OF OLUMBIA, OR A TERRITORYOR POSSESSION OF THE UNITED STATES.
 

Mike

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Sounds to me that if Michigan does not have a way for non-resident who don't have concealed permits to possess and carry in MI (i.e., thru registration), then that is a priv. and immunities violation and can be struck down in fed ct.
 

Venator

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Mike wrote:
Sounds to me that if Michigan does not have a way for non-resident who don't have concealed permits to possess and carry in MI (i.e., thru registration), then that is a priv. and immunities violation and can be struck down in fed ct.

At this time non-residents without a home CPL CAN NOT bring a handgun into Michigan to use for any purpose, unless passing through.

Received thisfrom the MSP on this topic. If the safety inspection requirement is dropped (proposed legislation) then this issue would have to be revisited.

Mr. Jeffs,


Michigan law requires that a person obtain a License to Purchase a pistol (MCL 28.422) before possessing a pistol in this state. Once a person buys a pistol with a License to Purchase, it must be safety inspected (MCL 28.429). Only residents of Michigan are eligible for licenses and safety inspections. Because a non-resident cannot satisfy those requirements they cannot lawfully possess a pistol here (for any purpose).


Exceptions to those requirements are found in MCL 28.432. One of those exceptions is for persons licensed by their state of residence to carry a concealed pistol.

 

Mike

Site Co-Founder
Joined
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Messages
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Location
Fairfax County, Virginia, USA
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Venator wrote:
Mike wrote:
Sounds to me that if Michigan does not have a way for non-resident who don't have concealed permits to possess and carry in MI (i.e., thru registration), then that is a priv. and immunities violation and can be struck down in fed ct.

At this time non-residents without a home CPL CAN NOT bring a handgun into Michigan to use for any purpose, unless passing through.

Received thisfrom the MSP on this topic. If the safety inspection requirement is dropped (proposed legislation) then this issue would have to be revisited.

Mr. Jeffs,


Michigan law requires that a person obtain a License to Purchase a pistol (MCL 28.422) before possessing a pistol in this state. Once a person buys a pistol with a License to Purchase, it must be safety inspected (MCL 28.429). Only residents of Michigan are eligible for licenses and safety inspections. Because a non-resident cannot satisfy those requirements they cannot lawfully possess a pistol here (for any purpose).


Exceptions to those requirements are found in MCL 28.432. One of those exceptions is for persons licensed by their state of residence to carry a concealed pistol.
This denial of the privilege to obtain handgun safety inspections tonon-MI citizens is unconstitutional. It could be challenged in a Section 1983 action in federal court by any non-citizen of Michigan.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

Mike wrote:
Venator wrote:
Mike wrote:
Sounds to me that if Michigan does not have a way for non-resident who don't have concealed permits to possess and carry in MI (i.e., thru registration), then that is a priv. and immunities violation and can be struck down in fed ct.

At this time non-residents without a home CPL CAN NOT bring a handgun into Michigan to use for any purpose, unless passing through.

Received thisfrom the MSP on this topic. If the safety inspection requirement is dropped (proposed legislation) then this issue would have to be revisited.

Mr. Jeffs,


Michigan law requires that a person obtain a License to Purchase a pistol (MCL 28.422) before possessing a pistol in this state. Once a person buys a pistol with a License to Purchase, it must be safety inspected (MCL 28.429). Only residents of Michigan are eligible for licenses and safety inspections. Because a non-resident cannot satisfy those requirements they cannot lawfully possess a pistol here (for any purpose).


Exceptions to those requirements are found in MCL 28.432. One of those exceptions is for persons licensed by their state of residence to carry a concealed pistol.
This denial of the privilege to obtain handgun safety inspections tonon-MI citizens is unconstitutional. It could be challenged in a Section 1983 action in federal court by any non-citizen of Michigan.
Mike...ummm...aren't you a non-resident of Michigan?
 
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