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Thread: Canadian on student visa denied CPL

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    Post Canadian on student visa denied CPL

    Hey guys, i went to saginaw sheriffs office today. because im on a i-94 visa im not allowed to get my cpl so they are saying. They called MSP at lansing and a officier sited a 28.422 that blocks me from getting it as i must be a perminate resident of michigan. Is something wrong here?

    i stopped by the bridgeport michigan state police office and they said i should be ok to get my cpl. Anyone know if there is something blocking me from getting it?

    the application even states that the I-94 works as it has a spot right on the application. I was told to call the attorney general in the morning which i intend to do however i am wondering if anyone in this situation has got through it?

    Thanks
    Douglas

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    28.422 does not apply to CPLs.

    The requirements are in 28.425b.

    (7) The concealed weapon licensing board shall issue a license to an applicant to carry a concealed pistol within the period required under this act after the applicant properly submits an application under subsection (1) and the concealed weapon licensing board determines that all of the following circumstances exist:

    (a) The applicant is 21 years of age or older.

    (b) The applicant is a citizen of the United States or is an alien lawfully admitted into the United States, is a legal resident of this state, and has resided in this state for not less than the 6 months immediately preceding the date of application. The concealed weapon licensing board may waive the 6-month residency requirement for a temporary license under section 5a(8) if the concealed weapon licensing board determines there is probable cause to believe the safety of the applicant or the safety of a member of the applicant's family is endangered by the applicant's inability to immediately obtain a license to carry a concealed pistol. If the applicant holds a valid concealed pistol license issued by another state at the time the applicant's residency in this state is established, the concealed weapon licensing board may waive the 6-month waiting period and the applicant may apply for a concealed pistol license at the time the applicant's residency in this state is established. The concealed weapon licensing board shall immediately issue a temporary license to that applicant. The temporary license shall be valid until the concealed weapon licensing board decides whether to grant or deny the application. For the purposes of this section, a person shall be considered a legal resident of this state if any of the following apply:

    (i) The person has a valid, lawfully obtained Michigan driver license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

    (ii) The person is lawfully registered to vote in this state.

    (iii) The person is on active duty status with the United States armed forces and is stationed outside of this state, but the person's home of record is in this state.

    (iv) The person is on active duty status with the United States armed forces and is permanently stationed in this state, but the person's home of record is in another state.

    (c) The applicant has knowledge and has had training in the safe use and handling of a pistol by the successful completion of a pistol safety training course or class that meets the requirements of section 5j, and that is available to the general public and presented by a law enforcement agency, junior or community college, college, or public or private institution or organization or firearms training school.

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    if you ever read the front page it shows lawfully admitted to the united states. I think the lady at Lansing police office is wrong. Is there anyway to prove that this is not for cpl holders?

    thanks for the reply. im pretty upset that she was so rude to me too..

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    Michigan Moderator Big Gay Al's Avatar
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    canadian_boy wrote:
    Hey guys, i went to saginaw sheriffs office today. because im on a i-94 visa im not allowed to get my cpl so they are saying. They called MSP at lansing and a officier sited a 28.422 that blocks me from getting it as i must be a perminate resident of michigan. Is something wrong here?

    i stopped by the bridgeport michigan state police office and they said i should be ok to get my cpl. Anyone know if there is something blocking me from getting it?

    the application even states that the I-94 works as it has a spot right on the application. I was told to call the attorney general in the morning which i intend to do however i am wondering if anyone in this situation has got through it?

    Thanks
    Douglas
    Do you have a Michigan issued drivers license or state ID?
    Big Gay Al
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    yes sir, got it a few months back. Ive been admited to the us for over 6 months now too.

    Shes saying i would need a residency card or something.

    No word of a lie, the sheriffs office told me that i would need to tell the candian consolate that i want to withdrawl my citizenship. I cant believe they even said that. There is no way i would commite to this for a cpl. Sorry for the rant but i am upset about this whole thing.

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    Michigan Moderator Big Gay Al's Avatar
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    canadian_boy wrote:
    if you ever read the front page it shows lawfully admitted to the united states. I think the lady at Lansing police office is wrong. Is there anyway to prove that this is not for cpl holders?

    thanks for the reply. im pretty upset that she was so rude to me too..
    Lansing? I thought it was the Saginaw county sheriff's office.
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    canadian_boy wrote:
    yes sir, got it a few months back. Ive been admited to the us for over 6 months now too.

    Shes saying i would need a residency card or something.

    No word of a lie, the sheriffs office told me that i would need to tell the candian consolate that i want to withdrawl my citizenship. I cant believe they even said that. There is no way i would commite to this for a cpl. Sorry for the rant but i am upset about this whole thing.
    There is no requirement that you renounce your Canadian citizenship. They are sadly mistaken. Your proof of residency would be your Michigan issued ID, that's all you really need, along with the I-94 stuff, to show you're here legally.
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    sorry forgot to mention the gentlemen in the office called this lady down at lancing state police.

    she also mentioned that any canadian carrying in the state of michigan without residency would be charged right away. Im going to be setting up a meeting with her direct supervisor something is very wrong here.

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    canadian_boy wrote:
    sorry forgot to mention the gentlemen in the office called this lady down at lancing state police.

    she also mentioned that any canadian carrying in the state of michigan without residency would be charged right away. Im going to be setting up a meeting with her direct supervisor something is very wrong here.
    Sounds to me like she's getting residency mixed up with immigration status. The state law doesn't say you have to be a legal immigrant. It only says you need to have been legally admitted to the USA, and that you need to be a legal resident of Michigan for at least 6 months.
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    makes sense to me. I just spoke with my gun range owner as well. Hes saying that a fellow canadian under the same status got his cpl from bay city with very little problems. so i have a feeling that this lady is miss informed.

    Thanks for all your help, i will get to the bottom of this and will educate this lady once i know the full situation here.

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    canadian_boy wrote:
    makes sense to me. I just spoke with my gun range owner as well. Hes saying that a fellow canadian under the same status got his cpl from bay city with very little problems. so i have a feeling that this lady is miss informed.

    Thanks for all your help, i will get to the bottom of this and will educate this lady once i know the full situation here.
    Did you get a name or extension or anything? If so, call her back and ask her, if you're not allowed to apply for a CPL, WHY is there a place on the online CPL form to put down the I-94 number?

    You might also ask her to cite the section of Michigan law where it says you can't have a CPL.
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    she quoted me 28.422 as being the part. Yeah i got her direct line so i can educate her once i know for certain that she is infact wrong.

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    canadian_boy wrote:
    she quoted me 28.422 as being the part. Yeah i got her direct line so i can educate her once i know for certain that she is infact wrong.
    You can point out the following, which is at or near the end of 28.422:

    Constitutionality: The Michigan Court of Appeals held in Chan v City of Troy, 220 Mich App 376; 559 NW2d 374 (1997), that the citizen requirement, now MCL 28.422(3)(c), for a permit to purchase a pistol contained in MCL 28.422(3)(b) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and is unconstitutional.
    Which might also explain why this no such requirement listed in the section dealing with CPL applications.
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    damn double post.
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    ill see what happens. im gotta call the attorney general tomorrow to find out what is up.

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    Just make sure you have all the info you need nearby, the section on 28.422, including the statement in the end on constitutionality. You could ask them about the I-94 thing on the application too. If you're not allowed, why is it there?

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    i have it all printed out. The state police printed it all out for me so ill use it all and figure out whats up. I even spoke to the lady at the state office that is on the gun board and she said she never heard of such a law either. i need to investigate what this statue has to do with anything. What is this statue for?

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    no such thing as a I-94 visa. Thats just your paperwork needed to travel with a student visa.

    and no you shouldn't be allowed to carry a firearm as you are not a US citizen


    Also, you shouldnt even be allowed to own a gun!
    Freedom isn't free, but this is America! We will find a way to outsource it and save some money - Jeremy

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    Michigan Moderator Big Gay Al's Avatar
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    This is the title:

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

    The part you want to be most concerned with is the Constitutionality issue which is addressed just above where 28.422a starts.

    If you don't have it already, I'd suggest going to the following website:
    http://www.michigan.gov/msp/0,1607,7...654---,00.html

    And downloading a copy of Michigan Firearms laws. It's a PDF file, linked as "Firearms Laws of Michigan."
    Big Gay Al
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    jeremy05 wrote:
    no such thing as a I-94 visa. Thats just your paperwork needed to travel with a student visa.

    and no you shouldn't be allowed to carry a firearm as you are not a US citizen


    Also, you shouldnt even be allowed to own a gun!
    wow.this suckss

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    canadian_boy wrote:
    jeremy05 wrote:
    no such thing as a I-94 visa.** Thats just your paperwork needed to travel with a student visa.

    and no you shouldn't be allowed to carry a firearm as you are not a US citizen


    Also, you shouldnt even be allowed to own a gun!
    wow. You sir are a idiot. no facts behind your argument and clearly just a mouth with no brains.
    Hmmm I think he might know what he is talking about... at least in regards to the I-94 paperwork... also he is a Border Patrol Officer if I recall correctly.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Michigan Moderator Big Gay Al's Avatar
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    jeremy05 wrote:
    no such thing as a I-94 visa. Thats just your paperwork needed to travel with a student visa.

    and no you shouldn't be allowed to carry a firearm as you are not a US citizen


    Also, you shouldnt even be allowed to own a gun!
    Actually, it's an I-94 card. And as already mentioned, the Michigan state court of appeals ruled the citizen requirement violates the equal protection clause of the 14th amendment.

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    im not sure what to think. well see what the attorney general says tomorrow

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    jeremy05 wrote:
    no such thing as a I-94 visa.** Thats just your paperwork needed to travel with a student visa.

    and no you shouldn't be allowed to carry a firearm as you are not a US citizen


    Also, you shouldnt even be allowed to own a gun!
    That's not true, you know.

    ATF even states that you can buy from an FFL if you have 90 days proof of residency. That's all that's required.

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    Good Luck.
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