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Thread: Firearms laws of michigan 2011

  1. #1
    Regular Member oldbanger's Avatar
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    Firearms laws of michigan 2011

    How does an "outofstater" prove he/she is the owner of the pistol[sic] ?

    (8) An individual who is not a resident of this state is not required to obtain a license under this section (28.422) if all of the following conditions apply:
    (a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
    (b) The individual is in possession of the license described in subdivision (a).
    (c) The individual is the owner of the pistol he or she possesses, carries, or transports.

    http://www.legislature.mi.gov/docume...s/firearms.pdf Page 11

  2. #2
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by oldbanger View Post
    How does an "outofstater" prove he/she is the owner of the pistol[sic] ?

    (8) An individual who is not a resident of this state is not required to obtain a license under this section (28.422) if all of the following conditions apply:
    (a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
    (b) The individual is in possession of the license described in subdivision (a).
    (c) The individual is the owner of the pistol he or she possesses, carries, or transports.

    http://www.legislature.mi.gov/docume...s/firearms.pdf Page 11
    It is a stupid and unconstitutional law, poorly crafted and thought out. Ripe for challenge. Our stupid legislature doesn't realize that only 8 states require handgun registration.

    I wouldn't worry about it.
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    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Interesting question, I guess unless you had some sort of paperwork for it, it would be a little difficult to prove so.

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    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by Venator View Post
    It is a stupid and unconstitutional law, poorly crafted and thought out. Ripe for challenge. Our stupid legislature doesn't realize that only 8 states require handgun registration.

    I wouldn't worry about it.
    This got me thinking and I can't find it. where is our register law?
    The news media plays politics more than the politicians do.

  5. #5
    Regular Member Bronson's Avatar
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    Quote Originally Posted by Golden Eagle View Post
    This got me thinking and I can't find it. where is our register law?
    Same one, MCL 28.422

    (5) If an individual purchases or otherwise acquires a pistol, the seller shall fill out the license forms describing the pistol, together with the date of sale or acquisition, and sign his or her name in ink indicating that the pistol was sold to or otherwise acquired by the purchaser. The purchaser shall also sign his or her name in ink indicating the purchase or other acquisition of the pistol from the seller. The seller may retain a copy of the license as a record of the transaction. The purchaser shall receive 3 copies of the license. The purchaser shall return 2 copies of the license to the licensing authority within 10 days after the date the pistol is purchased or acquired. The return of the copies to the licensing authority may be made in person or may be made by first-class mail or certified mail sent within the 10-day period to the proper address of the licensing authority. A purchaser who fails to comply with the requirements of this subsection is responsible for a state civil infraction and may be fined not more than $250.00. If a purchaser is found responsible for a state civil infraction under this subsection, the court shall notify the department of state police of that determination.

    (6) Within 48 hours after receiving the license copies returned under subsection (5), the licensing authority shall forward 1 copy of the license to the department of state police. The licensing authority shall retain the other copy of the license as an official record for not less than 6 years. Within 10 days after receiving the license copies returned under subsection (5), the licensing authority shall electronically enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically enter that information. If the licensing authority does not have that ability, the licensing authority shall provide that information to the department of state police in a manner otherwise required by the department of state police. Any licensing authority that provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police under this subsection. The purchaser has the right to obtain a copy of the information placed in the pistol entry database under this subsection to verify the accuracy of that information. The licensing authority may charge a fee not to exceed $1.00 for the cost of providing the copy. The licensee may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the license. However, the person is not required to have the license in his or her possession while carrying, using, possessing, or transporting the pistol after this period.
    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  6. #6
    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by Bronson View Post
    Same one, MCL 28.422



    Bronson
    Thanks. I see it was updated a couple years ago but the registration law to me doesn't look too bad.
    If your a non-resident (with a CPL) borrowing a gun you could just claim it's yours.
    If I from Michigan (with my CPL) borrowed an unregistered gun I could just say I borrowed it from my Indiana friend. MI would have to prove it's not to charge us.
    And when found guilty of this law it's a $250 fine and only a civil infraction.

    Or am I not seeing something?
    Last edited by Golden Eagle; 12-18-2011 at 02:47 PM. Reason: clarity
    The news media plays politics more than the politicians do.

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    Quote Originally Posted by Golden Eagle View Post
    Thanks. I see it was updated a couple years ago but the registration law to me doesn't look too bad.
    If your a non-resident (with a CPL) borrowing a gun you could just claim it's yours.
    If I from Michigan (with my CPL) borrowed an unregistered gun I could just say I borrowed it from my Indiana friend. MI would have to prove it's not to charge us.
    And when found guilty of this law it's a $250 fine and only a civil infraction.

    Or am I not seeing something?

    Instead of lying about where the gun came from why not just say the registration law sucks and needs to go away, rather then saying it doesn't look too bad and just accepting it?

  8. #8
    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by Super Trucker View Post
    Instead of lying about where the gun came from why not just say the registration law sucks and needs to go away, rather then saying it doesn't look too bad and just accepting it?
    good point. I'm all for Constitutional carry. I just thought it was a worse law than it was.
    The news media plays politics more than the politicians do.

  9. #9
    Regular Member NHCGRPR45's Avatar
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    I have done this several times when coming home from states that have no registration. I went to my local LEO and said I have a first time registration and that I had come from a non-registration state. No proof of ownership needed. I got my permits and walked out usually within a half hour or so.
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

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  10. #10
    Regular Member Badger Johnson's Avatar
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    Note the law says 'Is the owner'. It doesn't say 'can provide proof of ownership'.

    I'm the owner of this sandwich. I didn't buy it or make it. Still (burp/pardon) it's mine, no can dispute.
    A gun in a holster is better than one drawn and dispensing bullets. Concealed forces the latter. - ixtow

    Hi, I'm hypercritical. But I mean no harm, I just like to try to look deeply at life

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