NHCGRPR45
Regular Member
Re: 3551 - McElroy
From:Debra Smith <SmithDE@michigan.gov>
View ContactTo:shaunmcelroy76@yahoo.com
Dear Mr. McElroy,
There are two sections of Michigan law that you should be aware of:
MCL 750.224b is:
(1) A person shall not manufacture, sell, offer for sale, or possess a short-barreled shotgun or a short-barreled rifle.
(2) A person who violates this section 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) This section does not apply to the sale, offering for sale, or possession of a short-barreled rifle or a short-barreled shotgun which the secretary of the treasury of the United States of America, or his or her delegate, under 26 USC, sections 5801 through 5872, or 18 USC, sections 921 through 928, has found to be a curio, relic, antique, museum piece, or collector's item not likely to be used as a weapon, but only if the person selling, offering for sale or possessing the firearm has also fully complied with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.
Section 20 of chapter 16 of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to this subsection.
Further, MCL 750.231 exempts certain people from the above law:
Sec. 231.
(1) Except as provided in subsection (2), sections 224, 224a, 224b, 224d, 226a, 227, 227c, and 227d do not apply to any of the following:
(a) A peace officer of an authorized police agency of the United States, of this state, or of a political subdivision of this state, who is regularly employed and paid by the United States, this state, or a political subdivision of this state.
(b) A person who is regularly employed by the state department of corrections and who is authorized in writing by the director of the department of corrections to carry a concealed weapon while in the official performance of his or her duties or while going to or returning from those duties.
(c) A person employed by a private vendor that operates a youth correctional facility authorized under section 20g of 1953 PA 232, MCL 791.220g, who meets the same criteria established by the director of the state department of corrections for departmental employees described in subdivision (b) and who is authorized in writing by the director of the department of corrections to carry a concealed weapon while in the official performance of his or her duties or while going to or returning from those duties.
(d) A member of the United States army, air force, navy, or marine corps or the United States coast guard while carrying weapons in the line of or incidental to duty.
(e) An organization authorized by law to purchase or receive weapons from the United States or from this state.
(f) A member of the national guard, armed forces reserve, the United States coast guard reserve, or any other authorized military organization while on duty or drill, or in going to or returning from a place of assembly or practice, while carrying weapons used for a purpose of the national guard, armed forces reserve, United States coast guard reserve, or other duly authorized military organization.
(g) A security employee employed by the state and granted limited arrest powers under section 6c of 1935 PA 59, MCL 28.6c.
(h) A motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d.
(2) As applied to section 224a(1) only, subsection (1) is not applicable to an individual included under subsection (1)(a), (b), or (c) unless he or she has been trained on the use, effects, and risks of using a portable device or weapon described in section 224a(1).
-------------------------
So, unless the firearm falls under the exemption in (3) of 750.224b or the owner falls under any of the exemptions in 750.231, it is unlawful to possess a SBR in this state. The Michigan Attorney General ruled on possession of fully automatic weapons, in which case the gun had to be licensed with ATF prior to 1986 in order to qualify for Michigan's exemption. I am not aware of the 1986 date applying to the possession of short-barreled rifles, unless that is a Federal requirement in order for them to transfer.
Sincerely,
Debra Smith, Manager
Firearms Records Unit
Michigan State Police
>>> <MSPWeb@michigan.gov> 12/2/2010 5:08 PM >>>
f01Name: Shaun L. McElroy
f02Address:
f03City: macomb twp
f04State: MI
f05Zipcode:
f06phonenumber:
f07emailaddress:
f08Question: my question refers to a SBR or short barreled rifle. is there anyway to own a SBR in MI. for instance say i lived in a state that allowed ownership of SBR's and it was properly registered with the ATF and moved to MI, would that be legal? also i heard that any SBR registered in MI prior to 1986 would be grandfathered due to an opinion by Frank Kelly then an AG.
this should clear up the SBS SBR question
From:Debra Smith <SmithDE@michigan.gov>
View ContactTo:shaunmcelroy76@yahoo.com
Dear Mr. McElroy,
There are two sections of Michigan law that you should be aware of:
MCL 750.224b is:
(1) A person shall not manufacture, sell, offer for sale, or possess a short-barreled shotgun or a short-barreled rifle.
(2) A person who violates this section 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) This section does not apply to the sale, offering for sale, or possession of a short-barreled rifle or a short-barreled shotgun which the secretary of the treasury of the United States of America, or his or her delegate, under 26 USC, sections 5801 through 5872, or 18 USC, sections 921 through 928, has found to be a curio, relic, antique, museum piece, or collector's item not likely to be used as a weapon, but only if the person selling, offering for sale or possessing the firearm has also fully complied with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.
Section 20 of chapter 16 of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to this subsection.
Further, MCL 750.231 exempts certain people from the above law:
Sec. 231.
(1) Except as provided in subsection (2), sections 224, 224a, 224b, 224d, 226a, 227, 227c, and 227d do not apply to any of the following:
(a) A peace officer of an authorized police agency of the United States, of this state, or of a political subdivision of this state, who is regularly employed and paid by the United States, this state, or a political subdivision of this state.
(b) A person who is regularly employed by the state department of corrections and who is authorized in writing by the director of the department of corrections to carry a concealed weapon while in the official performance of his or her duties or while going to or returning from those duties.
(c) A person employed by a private vendor that operates a youth correctional facility authorized under section 20g of 1953 PA 232, MCL 791.220g, who meets the same criteria established by the director of the state department of corrections for departmental employees described in subdivision (b) and who is authorized in writing by the director of the department of corrections to carry a concealed weapon while in the official performance of his or her duties or while going to or returning from those duties.
(d) A member of the United States army, air force, navy, or marine corps or the United States coast guard while carrying weapons in the line of or incidental to duty.
(e) An organization authorized by law to purchase or receive weapons from the United States or from this state.
(f) A member of the national guard, armed forces reserve, the United States coast guard reserve, or any other authorized military organization while on duty or drill, or in going to or returning from a place of assembly or practice, while carrying weapons used for a purpose of the national guard, armed forces reserve, United States coast guard reserve, or other duly authorized military organization.
(g) A security employee employed by the state and granted limited arrest powers under section 6c of 1935 PA 59, MCL 28.6c.
(h) A motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d.
(2) As applied to section 224a(1) only, subsection (1) is not applicable to an individual included under subsection (1)(a), (b), or (c) unless he or she has been trained on the use, effects, and risks of using a portable device or weapon described in section 224a(1).
-------------------------
So, unless the firearm falls under the exemption in (3) of 750.224b or the owner falls under any of the exemptions in 750.231, it is unlawful to possess a SBR in this state. The Michigan Attorney General ruled on possession of fully automatic weapons, in which case the gun had to be licensed with ATF prior to 1986 in order to qualify for Michigan's exemption. I am not aware of the 1986 date applying to the possession of short-barreled rifles, unless that is a Federal requirement in order for them to transfer.
Sincerely,
Debra Smith, Manager
Firearms Records Unit
Michigan State Police
>>> <MSPWeb@michigan.gov> 12/2/2010 5:08 PM >>>
f01Name: Shaun L. McElroy
f02Address:
f03City: macomb twp
f04State: MI
f05Zipcode:
f06phonenumber:
f07emailaddress:
f08Question: my question refers to a SBR or short barreled rifle. is there anyway to own a SBR in MI. for instance say i lived in a state that allowed ownership of SBR's and it was properly registered with the ATF and moved to MI, would that be legal? also i heard that any SBR registered in MI prior to 1986 would be grandfathered due to an opinion by Frank Kelly then an AG.
this should clear up the SBS SBR question