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HB 4490 and SB 370 Safety Inspection, UPDATE AS OF 6-24-08

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
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TireFryer wrote:
in the propsed bill 4490, it also states that ONLY US CITIZENS would be legally able to purchase firearms!!!! This is contrary to the current law which allows Permanent Residents (Green card holders) to also purchase firearms and obtain a MI CPL... this new bill would make it illegal for me to own ANY FIREARMS and/or maintain my MI CPL!!!!!

In essence, as a permanent resident my "human rights" would be trampled upon and I would, by law, not be able to defend my family (wife and both kids = 100 % born and raised american!!!) w/ a firearm!!!! :cuss: This is a bunch of *BUNK*!!!! :X


IF I am reading and/or understanding this wrong, PLEASE let me know!!! Else, the "Mole's" office is going to be getting a call from me in the morning!


[align=left]IANAL, but, IMO, I think you are good to go.[/align]
[align=left](c) The person is a citizen of the United States and is a legal resident of this state.[/align]
[align=left]Keyword is "and", meaning, both must exist. Make your contacts just to be sure.[/align]
 

TireFryer

Regular Member
Joined
Jun 26, 2008
Messages
11
Location
Lansing, Michigan, USA
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SpringerXDacp wrote:

[align=left](c) The person is a citizen of the United States and is a legal resident of this state.[/align]
[align=left]Keyword is "and", meaning, both must exist. Make your contacts just to be sure.[/align]
When I read the above stated condition, what registers in my mind is this:
a) YOu must be a US Citizen
AND
b) You must be a legal resident of MI...not of OH, IL, NY, MA, FL, ... in other words, you must have an established residency in MI paying utilities, taxes, blah, blah, blah...

Hence, even though I would be fulfilling the 2nd requirement, the 1st requirement trumps to 2nd!!:cuss:

Will post response from Mole's office later today!
 

Sailorwatson

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Joined
Nov 16, 2006
Messages
100
Location
Walker, Michigan, USA
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TireFryer wrote:
SpringerXDacp wrote:

[align=left](c) The person is a citizen of the United States and is a legal resident of this state.[/align]
[align=left]Keyword is "and", meaning, both must exist. Make your contacts just to be sure.[/align]
When I read the above stated condition, what registers in my mind is this:
a) YOu must be a US Citizen
AND
b) You must be a legal resident of MI...not of OH, IL, NY, MA, FL, ... in other words, you must have an established residency in MI paying utilities, taxes, blah, blah, blah...

Hence, even though I would be fulfilling the 2nd requirement, the 1st requirement trumps to 2nd!!:cuss:

Will post response from Mole's office later today!
The solution is simple. Become a citizen.
 

Venator

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

TireFryer wrote:
SpringerXDacp wrote:


[align=left](c) The person is a citizen of the United States and is a legal resident of this state.[/align]

[align=left]Keyword is "and", meaning, both must exist. Make your contacts just to be sure.[/align]
When I read the above stated condition, what registers in my mind is this:
a) YOu must be a US Citizen
AND
b) You must be a legal resident of MI...not of OH, IL, NY, MA, FL, ... in other words, you must have an established residency in MI paying utilities, taxes, blah, blah, blah...

Hence, even though I would be fulfilling the 2nd requirement, the 1st requirement trumps to 2nd!!:cuss:

Will post response from Mole's office later today!

Even if this is true, it should not affect previous purchases and any CPL you might have. It MAY apply to future purchases. I'm just not that clear on the new law as a whole so this is just an opinion.

In regard to this new law (If the Gov signs it.) this was posted on the MGO site. You may want to PM this person and ask your question. He seemed to be very involed in passing this law.

"Guys and gals. By now it's all done and the need to return for a physical safety inspection will soon be a thing of the past.

I've been along for the ride on every step of these Bills. It's a good package. Despite what a few people may have circulated on listservs or posted on message boards, these Bills add no new registration, no new license, add no new data base and add no new burdens. Pistol registration has been codified into state law since the 30's. A database of pistol registrations has been kept by local PD's and the MSP for years and years. While I've continued to hear that registration is illegal in MI, I have never found anyone who can show me the MCL that says so. Unless you can point to the specific line in the MCL, please don't post that it is.

First, SB 371 is gone. SB 370 and HB 4490 and HB 4491 have passed and I have confirmation that the Governor WILL sign them when they get to her desk. This is what we get:

A non CPL holder will need a Purchase Permit. That is the license to buy and possess a specific pistol. Nothing new here. Procedure stays the same. A 4th part will be added to mail in to the local PD. You will have the choice of mailing it in or taking it in in person. Those with good PD's like the Hillsdale County Sheriff will get them in 5 minutes 24/7. Those is crappy jurisdictions will wait for weeks. The AG says they can't do that but that's a fight for another day.

CPL holders will use the RI-60. A 4th part will be added to mail in to the local PD. You will have the choice of mailing it in or taking it in in person. That is your registration.

Local PD's will have the choice of entering them directly or sending them in to MSP for them to enter into the database. Nothing new here. Same procedure.

The buyer will now be responsible for sending in a copy of the form used PP or RI-60 to the MSP. The seller retains a copy and has some assurance that the pistol will be taken out of their name as there is a penalty for the buyer failing to register the pistol in their name. the buyer keeps a copy for themselves and mails the final one to their local PD.

Green Cards are gone. The buyer is required to keep their copy with the pistol for 30 days after which they may destroy it, use it for wall paper or keep it in a safe place. There is no requirement to retain it after 30 days. This forever clears up the need or lack there of to have a copy of your green card with the gun. You won't need anything after 30 days.

Super Trucker, your problem and those of about 60% of the people who contact us about local PD's are over. No more limited hours, no more keeping guns overnight or for two or four days. No ham handed idiots who scratch, drop, dry fire, slam slides or mar finishes.

A huge new incentive is created for people to get a CPL because now they can buy a pistol and never have to put up with waiting periods or limited hours.

Big win here all. The biggest loss we took is having to keep a copy of the form with the gun for 30 days. Other than that, nothing new.

We also owe Senator Richardville a big thanks as he personally told the House that the Judges Exemption from the CEZ's was DOA in the Senate. He and his staff negotiated getting the Bills passed after the Senate stripped that out. Rep. Opsommer also gets a big pat on the back. He wanted to end registration completely. When he saw that there was no way to do that, rather than just let the Bill die, he worked to find a compromise to help gun owners without any new burdens.

Finally, to the small group of people who tried to kill these Bills, you have no idea the damage your efforts created within the Capital."



Brad Benzing
NRA Life(Patron)Member
SAFR Legislative Liason
Michigan
Certified Hunter Safety Educator
RSO
 

Venator

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

Sailorwatson wrote:
TireFryer wrote:
SpringerXDacp wrote:


[align=left](c) The person is a citizen of the United States and is a legal resident of this state.[/align]

[align=left]Keyword is "and", meaning, both must exist. Make your contacts just to be sure.[/align]
When I read the above stated condition, what registers in my mind is this:
a) YOu must be a US Citizen
AND
b) You must be a legal resident of MI...not of OH, IL, NY, MA, FL, ... in other words, you must have an established residency in MI paying utilities, taxes, blah, blah, blah...

Hence, even though I would be fulfilling the 2nd requirement, the 1st requirement trumps to 2nd!!:cuss:

Will post response from Mole's office later today!
The solution is simple. Become a citizen.
Glib as always.
 

TireFryer

Regular Member
Joined
Jun 26, 2008
Messages
11
Location
Lansing, Michigan, USA
imported post

Sailorwatson wrote:
The solution is simple. Become a citizen.
Working on it...however, the Dept of Homeland security/INS is:
a) working on a 12 month backlog
b) my application is almost complete and then ready to go to them (and then wait another 18-24 months for them to process it)
c) $675 application fees

So, yes, it is in the works, but still it'll be 2-3 years b/f my citizenship would be granted! I guess in the meantime, I need to find a petite police officer I can strap to my back and carry w/ me 24/7 :celebrate

Venator: thanks for the info on Brad...I have worked with him in the past = I will get in touch with him pronto as well!
 

Sailorwatson

Regular Member
Joined
Nov 16, 2006
Messages
100
Location
Walker, Michigan, USA
imported post

TireFryer wrote:
Sailorwatson wrote:
The solution is simple. Become a citizen.
Working on it...however, the Dept of Homeland security/INS is:
a) working on a 12 month backlog
b) my application is almost complete and then ready to go to them (and then wait another 18-24 months for them to process it)
c) $675 application fees

So, yes, it is in the works, but still it'll be 2-3 years b/f my citizenship would be granted! I guess in the meantime, I need to find a petite police officer I can strap to my back and carry w/ me 24/7 :celebrate

Venator: thanks for the info on Brad...I have worked with him in the past = I will get in touch with him pronto as well!
Thats great. Good luck. Hopefully things will change and the process will be shorter than expected.
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
imported post

(soap box on)...........

That's great, hope you get it covered sooner than later. However........ for those who think a piece of paper makes you a citizen, NOT. To me, it's in your knowledge and feelings about this great country, not a piece of paper decided on by others. Besides, read your history, we are ALL foreigner's, unless you're an American Indian.

(soap box off)
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
imported post

Although your concern is valid, the Michigan Court of Appeals has already dealt with this issue.

Michigan law currently states: a person shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section
One of the requirements for getting such a license is:
The person is a citizen of the United States and is a legal resident of this state

However, this requirement was struck down as unconstitutional (on equal protection grounds) by the Michigan Court of Appeals. (See Chan v City of Troy, 220 Mich App 376.)

So, although on the surface it seems that you have a problem, I would click on the link above and make a copy to keep if there are any problems.

Hope this helped
 
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