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Thread: Michigan law question

  1. #1
    Regular Member Bronson's Avatar
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    Somebody posted this on another forum and so far I haven't found anything that corroborates this claim.

    "If you are going to be in the state for more than 24 hours you must register your gun (handgun, rifle, shotgun - no matter). It is a misdemeaner if you don't register."

    The poster claims he has a"story", but hehasn't posted it yet. I've asked him toprovide a link to the specific law when he does.

    Is anybody able to point me to what he mightbe talking about?

    Thanks,

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    This person is either misinformed or is kidding you. There is no registration of long guns in Michigan. The lack of a statute requiring such registration is the only "proof" of this you will be able to find. Of course, you can consult an attorney to research this for you if you intend to use this information as "legal advice."

    On the other hand, unless you have a CPL (or its out-of-state equivalent), any person is required to obtain a license to purchase a pistol before actually purchasing, carrying, or transporting it in Michigan. Violating this statute results in a misdemeanor.

    http://legislature.mi.gov/doc.aspx?mcl-28-422



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    Regular Member Bronson's Avatar
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    Hcidem wrote:
    This person is either misinformed or is kidding you. There is no registration of long guns in Michigan.
    Yeah, that's why I'm questioning it. For reference here's his entire post (on the other forum)


    "For those of you who might be traveling to the state of Michigan and have a CCW pemit (which is honored in Michigan for many states) there is a little know law that can still get you in trouble.

    If you are going to be in the state for more than 24 hours you must register your gun (handgun, rifle, shotgun - no matter). It is a misdemeaner if you don't register.

    I have a nice little story bearing this out. If anyone is interested in reading about it, let me know. I will be glad to share. By the way, I was a Deputy Sheriff in the state of Georgia at the time this occurred."

    I have asked him to post the story and link to the law, so far he hasn't responded.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    Michigan Moderator DrTodd's Avatar
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    I think that it is just a "story". I could possibly see that a MI leo could make the mistake of thinking a handgun needed to be registered if it was carried by someone carrying under an exemption as an out of state leo; the section regarding exemptions is quite a way into the registration law and refers to those carrying under an out of state license. I don't have the law here in front of me but I don't think the exemption for out of state leo is mentioned in the section regarding pistol registration.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

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    Bronson wrote:
    Somebody posted this on another forum and so far I haven't found anything that corroborates this claim.

    "If you are going to be in the state for more than 24 hours you must register your gun (handgun, rifle, shotgun - no matter). It is a misdemeaner if you don't register."

    The poster claims he has a"story", but hehasn't posted it yet. I've asked him toprovide a link to the specific law when he does.

    Is anybody able to point me to what he mightbe talking about?

    Thanks,

    Bronson


    I disagree. Even if that person does/does not have a license/permit to carry and was moving to Michigan s/he would have 30 days to do so.

    Per MSP:

    7. I am on leave from military service. Does this exempt me from having to register the pistols I brought with me to Michigan?

    MCL 28.422andMCL 28.429No, you have 30 days in which to pass the basic pistol safety questionnaire and obtain a License to Purchase after your arrival into the state. You then have ten days in which to present the pistol for a Safety Inspection Certificate (registration).

    Edit: Spelling







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    SpringerXDacp wrote:
    ...
    I disagree. Even if that person does/does not have a license/permit to carry and was moving to Michigan s/he would have 30 days to do so.
    ...
    Did you happen to notice that the 30 day requirement is specifically applicable only to those on leave from active dutyand those discharged from active duty in the U.S. military? There is no equivalent provision for those who do not qualify under this section.

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    Bronson wrote:
    ...
    By the way, I was a Deputy Sheriff in the state of Georgia at the time this occurred."
    ...
    First of all, I would trust the experiences ofthe numerous Michigan residents on this forum over those of asolitary, out-of-state traveller. Additionally, these threads document an unbelievable quantity of incidents where local LEOs have erroneously quoted state law.

    ThisGA deputycould very well have encountered a such aMichigan LEO who thought they would give him a break as a brother in arms, so-to-speak, instead of writing him a citation. The problem is that misinformed LEOs don't actually learn that such lawsdon't exist until they try to write a citation, and cannot find a statutory reference on which to base it.

    I would not hold my breath for this fellow's story. However, I would not hesitate to post a response requesting a statutory reference for the benefits of those on the thread. Michigan's compiledlaws, unlike those of some states, are available directly online.

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    Regular Member Bronson's Avatar
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    Ok, I've dug some more and this is what I've come up with. Section 28.422

    FIREARMS (EXCERPT)
    Act 372 of 1927



    28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; basic pistol safety brochure; forging application; implementation during business hours.

    Sec. 2.

    (1) Except as provided in subsection (2), a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.

    (2) A person who brings a pistol into this state who is on leave from active duty with the armed forces of the United States or who has been discharged from active duty with the armed forces of the United States shall obtain a license for the pistol within 30 days after his or her arrival in



    And later I find: Section 28.432

    FIREARMS (EXCERPT)
    Act 372 of 1927



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

    Sec. 12.

    (1) Section 2 does not apply to any of the following:

    (a) A police or correctional agency of the United States or of this state or any subdivision of this state.

    (b) The United States army, air force, navy, or marine corps.

    (c) An organization authorized by law to purchase or receive weapons from the United States or from this state.

    (d) The national guard, armed forces reserves, or other duly authorized military organization.

    (e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.

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

    (g) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.

    (h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

    (i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.

    That's the best I could come up with. The guy still hasn't posted any more information but I'm going to post what I've found and see whathe has to say ...more than likely it'll be nothing.

    Bronson

    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    Bronson wrote:
    ...

    That's the best I could come up with. The guy still hasn't posted any more information but I'm going to post what I've found and see whathe has to say ...more than likely it'll be nothing.

    Bronson
    As I am usually eager to improve upon my knowledge, I'm interested in hearing what MCL he will cite. However, I doubt he will.

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    I think that would be an excellent post, Bronson. I agree with ghostrider. I don't think he will have anything substantive to add other than his anecdotal experience.

  11. #11
    Regular Member Taurus850CIA's Avatar
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    Section 28.422

    'snip
    (3) The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase, carry, possess, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the parts of a county not included within a city, township, or village having an organized police department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry, possess, or transport pistols to qualified applicants residing within the city, village, township, or county, as applicable unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist:
    (a) The person is not subject to an order or disposition for which he or she has received notice and an opportunity for a hearing, and which was entered into the law enforcement information network pursuant to any of the following:
    (i) Section 464a(1) of the mental health code, 1974 PA 258, MCL 330.1464a.
    (ii) Section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA 642.
    (iii) Section 2950(10) of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.
    (iv) Section 2950a(7) of 1961 PA 236, MCL 600.2950a.
    (v) Section 14 of 1846 RS 84, MCL 552.14.
    (vi) Section 6b(5) of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b, if the order has a condition imposed under section 6b(3) of chapter V of 1927 PA 175, MCL 765.6b.
    (vii) Section 16b(1) of chapter IX of 1927 PA 175, MCL 769.16b.
    (b) The person is 18 years of age or older or, if the seller is licensed pursuant to section 923 of title 18 of the United States Code, 18 USC 923, is 21 years of age or older.
    (c) The person is a citizen of the United States and is a legal resident of this state.
    (d) A felony charge against the person is not pending at the time of application.
    (e) The person is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f of the Michigan penal code, 1931 PA 328, MCL 750.224f.

    'snip




    Obviously a pistol purchase permit can not be issued to a non-resident. I see no reference to any other sort of "license" to carry, purchase, transport, etc.

    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

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  12. #12
    Regular Member Bronson's Avatar
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    Taurus850CIA wrote:
    (c) The person is a citizen of the United States and is a legal resident of this state.
    Obviously a pistol purchase permit can not be issued to a non-resident. I see no reference to any other sort of "license" to carry, purchase, transport, etc.
    Oooh, good catch. I'll go add that to my post.

    Thanks,

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  13. #13
    Michigan Moderator DrTodd's Avatar
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    I wonder if the person with the "story" was an leo carrying concealed under an exemption for peace officers?

    If that is the case, would the person be exempt under the requirements of the Janet Kukuk Act?
    Mystrict reading says the officer would need to register because he/she is not engaged in the course of his or her duties with that entity or going to or returning from those duties. Not being a resident of MI it appears registration is not possible.

    If he/she is a United States citizen holding a license to carry a concealed pistol upon his or her person issued by another state, then they are exempt.




    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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