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Thread: Silencers

  1. #1
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    Does anyone know if they are legal in michigan or not ? If not how do we change this? we should have the power to change this afterall it is" by the people for the people" .

  2. #2
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    moreguns wrote:
    Does anyone know if they are legal in michigan or not ? If not how do we change this? we should have the power to change this afterall it is" by the people for the people" .


    Welcome Moreguns. Here is a link for AG Opinion 5210 that pertains to machine guns and silencers (suppressors). It's all I have for now.

    5210 Also see: MCL 750.224 750.224

    Also see, in pertinent part:

    Pro-2a Attorney Jim Simmons comments here:




    The plain language of 750.224(3)(c) seems to allow anyone who goes through the Form 4 process to possess any of the items listed in 750.224(1), including a silencer. However, a court might interpret it to mean that a person can possess only whichever of the items comes under the federal license, to-wit: the full auto firearm.

    Link:RepublicanMichigander



  3. #3
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    moreguns wrote:
    Does anyone know if they are legal in michigan or not ? If not how do we change this? we should have the power to change this afterall it is" by the people for the people" .
    Welcome , check batfe site for fed rules ,other above all ready given glad to have you here .

  4. #4
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    i wrote, and phoned the state police and the michigan dnr. the reply i got from both of them was that all silencers / supressors are illegal for the general public in michigan. there is some sort of special licence that you can get ( the same one that lets you have a machine gun) that will allow you to legally have one. but you can not use it on public lands. welcome to the gustoppo state!

  5. #5
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    Some state cops do not even know that ,"we the people" can legaly own machine guns here in michigan .

  6. #6
    Regular Member lil_freak_66's Avatar
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    class IIor class III FFL



    it is a regular topic for me and the NRA groups on myspace.
    not a lawyer, dont take anything i say as legal advice.


  7. #7
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    The above quoted opinion is overridden by this one:

    http://www.ag.state.mi.us/opinion/da...0s/op10259.htm

    It states the NFA tax stamp serves all purposes and functions of a 'license', therefore it is the opinion of the AG that you can legally own a machine gun in Michigan if you properly obtain a Form 4 and pay the $200 transfer tax obtaining an approved Form 4.

    However this opinion only specifies machine guns and not suppressors, unfortunately. Mr Cox was supposed to issue a separate and similar opinion about suppressors in the summer of 2006, but we can all see how well that turned out.

    I just submitted my SOT tax as a class 2 manufacturer of NFA weapons.

    Only SOTs and LE agencies in MI can possess sound suppressors.

  8. #8
    Michigan Moderator DrTodd's Avatar
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    The possession and use of silencers while hunting is prohibited while hunting anywhere in the state. This rule is NOT affected by the preemption of firearm laws by the State of Michigan (in case you were wondering).

    Sorry that the attachment is a word document, I couldn't convert it to a home-made .pdf file.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  9. #9
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    The possession and use of sound suppressors is not an issue of being regulated by hunting law, it is a matter of being regulated by state law in the criminal code. The hunting law is of no consequence because the criminal code prohibits their possession except by SOT dealers, manufacturers, and government agencies.

    http://www.legislature.mi.gov/(S(ols...light=silencer

    750.224 Weapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; "muffler" or "silencer" defined.
    Sec. 224.
    (1) A person shall not manufacture, sell, offer for sale, or possess any of the following:
    (a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without manual reloading, by a single function of the trigger.
    (b) A muffler or silencer.
    (c) A bomb or bombshell.
    (d) A blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, or bludgeon.
    (e) A device, weapon, cartridge, container, or contrivance designed to render a person temporarily or permanently disabled by the ejection, release, or emission of a gas or other substance.
    (2) A person who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500.00, or both.
    (3) Subsection (1) does not apply to any of the following:
    (a) A self-defense spray or foam device as defined in section 224d.
    (b) A person manufacturing firearms, explosives, or munitions of war by virtue of a contract with a department of the government of the United States.
    (c) A person licensed by the secretary of the treasury of the United States or the secretary's delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1).
    (4) As used in this chapter, "muffler" or "silencer" means 1 or more of the following:
    (a) A device for muffling, silencing, or deadening the report of a firearm.
    (b) A combination of parts, designed or redesigned, and intended for use in assembling or fabricating a muffler or silencer.
    (c) A part, designed or redesigned, and intended only for use in assembling or fabricating a muffler or silencer.


    History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.224 ;-- Am. 1959, Act 175, Eff. Mar. 19, 1960 ;-- Am. 1978, Act 564, Imd. Eff. Dec. 29, 1978 ;-- Am. 1980, Act 346, Eff. Mar. 31, 1981 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1991, Act 33, Imd. Eff. June 10, 1991 ;-- Am. 2006, Act 401, Eff. Dec. 28, 2006
    Constitutionality: The Michigan supreme court held that the statute was not unconstitutionally vague as applied to the defendant in People v. Lynch, 410 Mich. 343, 301 N.W.2d 796 (1981).

  10. #10
    Michigan Moderator DrTodd's Avatar
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    Just noticed that my response was "kind of/ sort of" written to the wrong post; I'd just read the post elsewhere regarding machine guns and silencers, read this and responded as if the question pertained to hunting w/ silencers specifically, not ownership in general.... sorry:?
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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