Navigating gun laws in Michigan

Posted on Tue, Mar 22, 2011 : 9 a.m.

Navigating gun laws in Michigan

By Rick Taylor

Don Richter, a first time shooter takes aim while CPL instructor Tom Caplis looks on.

Rick Taylor | Contributor

This story came about from a recent experience I had purchasing a 20 gauge shotgun at Cabelas.

I'm not an expert in the purchasing of guns in Michigan. The intent behind this article is to give some insight in what it takes to purchase a gun.

Some people think purchasing a firearm is way too difficult, while others believe it’s way too easy. Well, there’s one thing for certain; this is a long article, and that should say something.

I’m not here to promote or condemn the gun laws in Michigan. I’m merely here to go over the rules and regulations so that the general public is more informed. An informed reader can make decisions about firearms much better than one who bases opinions on assumptions and misinformation.

You might ask yourself what I mean by “misinformed?” I’ve actually had people say to me that hunters go out with assault weapons and shoot deer.

Rick Taylor, Don Richter and Tom Caplis take a break on the gun range.

Rick Taylor | Contributor

There are so many misconceptions about guns that one article on the subject couldn’t possibly cover everything. So, I’m going to discuss how guns are bought and sold in Michigan.

First off, it’s illegal to purchase or possess a fully automatic weapon in the state of Michigan unless you have military/law enforcement clearance or Class 3 Federal Firearms License. The point I'm trying to make is that a casual gun purchaser today can't purchase a fully automatic rifle without jumping through a lot of hoops first.

A fully automatic weapon consists of a firearm that rapidly and continually fires bullets (otherwise known as “rounds”) with a single pull of the trigger. In other words, pull and hold the trigger down, and the weapons fires repeatedly without having to manually pull the trigger each time.

Guns, otherwise known as firearms, are generally categorized in two ways: long guns and hand guns. A long gun consists of a shotgun or rifle. A hand gun consists of a revolver, pistol or semi-automatic pistol (aka auto-loader).

Michigan law states that private citizens can sell their long guns (used rifle or shotgun) to another private citizen without a background check. This type of purchase does not require the purchase to be registered with the state or federal government in any way.

A private citizen who wishes to purchase a handgun may sell a hand gun between another person. However, the buyer must fill out a "Purchase Permit." Also, both the seller and buyer must fill out a Pistol Sales Record. Please search "RI-60" online to attain these documents. However, you may consider going through a licensed dealer which can make the process easier.

The dealer will run a background check through the federal government check system. This background check also applies to the purchase of all long guns from licensed dealers regardless if they are operating from established retail outlets, gun shows or their home.

The only way a handgun purchaser can skip the “permit to purchase” process is if they have a CPL, otherwise known as a Concealed Pistols License. A successful CPL holder can purchase handguns and long guns at the time of sale by filling out a record of sale form which is sent to the Michigan State Police and showing the dealer their CPL license.

You should know that it’s very challenging to receive your Concealed Pistol License. I successfully passed this class but chose not to get the actual license afterward.

The CPL class was nothing short of fascinating. Classroom instruction, range time and attorney consultation really made the student respect the enormous responsibilities of attaining and maintaining a CPL.

The laws have changed in the State of Michigan governing home invasion/self defense shootings. This law was passed in 2006 and is called the "Castle Doctrine." This law was designed to protect a person defending themselves against an attacker. In short, this person can't be sued in civil court if the District Attorney finds no criminal wrong doing.

Let’s recap the story like this:

*No Michigan resident can possess or purchase a fully automatic weapon without extensive backgound checks, Class 3 Federal Firearms License, etc...

*Only CPL holders can purchase a handgun at the time of sale without a permit to purchase from local police.

*All non-CPL holders must have a permit to purchase when purchasing a new or used hand gun.

*All purchasers must have a background check when purchasing any firearm from a sporting goods store or licensed dealer.

Private citizens can sell their used rifle or shotgun to private citizens without purchase permits or background checks.

Finally, gun owners are acutely aware of the penalties for breaking the gun laws in the state of Michigan. Breaking the gun laws will result in a felony conviction with lasting ramifications. A person with a felony conviction can’t buy guns in the future, can’t buy a hunting license, can’t vote, may loose their job, etc… the list goes on and on.

I hope this column helps you understand the gun laws and regulations in the state of Michigan.

Rick Taylor welcomes your comments and story ideas. Reach Rick at 734-223-5656 or visit ricktaylorrealestate.com.

Comments

Trumpet

Wed, Mar 23, 2011 : 1:48 p.m.

Thank you for a very interesting and educational article, and the many interesting comments. I am glad to see this in the AA News for all of us who know so very little about guns and using them. Better to be informed, rather than just fascinated or fearful. I would like to see more articles on how life is lived outside the confines of Ann Arbor. There's a whole world out here in Washtenaw County and guns are a part of that world. We also have farms, animals, green spaces, dirt roads.....

Yupper

Tue, Mar 22, 2011 : 11:01 p.m.

The fact that it is theoretically possible to get a class 3 federal firearm license may give the impression that getting an automatic weapon is easy, but it isn't. Getting a class 3 federal license to purchase a fully automatic firearm is difficult and time consuming, and there is no "shall issue" - The government can refuse to issue at their discretion. As part of the process the government does an extensive background check, far more detailed then what they do for other firearm purchases, and local police must also give their approval. There are few dealers that will sell an automatic weapon to a class 3 holder that is not a member of the military or law enforcement. Expect the search to take more time and work. And since the supply of legal automatic weapons is very restricted they aren't cheap - the class 3 holder has to decide whether he really wants the weapon, or if he'd rather have the new car the same money would buy.

MikeyP

Tue, Mar 22, 2011 : 10:49 p.m.

It's fair to say that if you shoot someone in self-defense you most certainly will undergo a murder investigation, and could very well end up having to defend yourself in court against murder charges. That isn't cheap... but could be far better than the alternative (better to be judged by twelve than carried by six.) The key phrase is "shoot to stop the threat." If someone doesn't pose a threat, you don't shoot. If they cease posing a threat (say, if they're running away), you don't shoot. You REALLY don't chase them down. If they take off, great, YOU WIN! Let them go! However, if they don't run away, if they don't stop coming toward you... you do what you have to do to survive. We do have Castle Doctrine on the books, it SHOULD apply if you're defending yourself... but have a good lawyer's number on hand just in case.

Greggy_D

Tue, Mar 22, 2011 : 7:37 p.m.

mucc10.....the article has since been edited since my initial post to include the correct information. That information was missing when I typed my response. Also this line was removed: "No ordinary citizen can possess or purchase a fully automatic weapon." So... I was basing my response on what was originally in the article.

mucc10

Tue, Mar 22, 2011 : 6:25 p.m.

Fellas...I admire your passion and knowledge about firearm laws and regulations, but take it easy with the vitriol directed toward the author. I agree with Ricebrnr, this was a great effort at producing a primer for those who have little to no firearms law background. The author lays it out there for those who would actually ready what he's written before coming to some preconceived conclusion, "the intent behind this article to give some insight in what it takes to purchase a gun." Just a primer. Greggy_D - read the article...he specifically refrences federal licensing of fully-automatic firearms and military/law enforcement exemptions. Take it easy...we're talking about normal point of sale customers here. I do agree that the CPL attorneys quote was a little extreme...but I think it serves an extremely vital purpose. As an attorney who used to teach CPL courses it is imerative that those wishing to carry a concealed pistol act with the upmost conviction when deciding to draw their firearm in their own defense or defense of another. If you have time to think about whether you will be brought up on charges if you pull the trigger, or how much you stand to lose in a subsequent lawsuit, then don't pull the trigger, there's probably another way out. BUT, If all you can think about is surviving the incident to see the sun come up tommorrow, and you must act to defend your own life, then possible charges or lawsuits won't enter into the math (and won't/shouldn't be an issue later). I agree with the other poster...the castle doctrine does work differently. But this was only a short primer on the purchasing of a firearm, not a dissertation on CPL law in Michigan. Thanks for the article Rick...Keep up the good work.

Rick Taylor

Tue, Mar 22, 2011 : 5:33 p.m.

Hi Greggy_D, Thank you for your response to my article, really. I think its fair to say that there are nuances to almost everything in life. Heck, there might even be a provision out there for possessing a hand grenade for all I know. The point of this article was to give an overall picture of what it takes to buy a firearm today; not in 1986. I'm talking about an average person walking into a gun store now and wanting to buy a gun; simple as that. The attorney at the CPL class was all for attaining your CPL. But, he wanted to drive home the ramifications of what will (may) happen should you make the ultimate decision. I found the attorney to be very responsible in his efforts to give us an honest and probable outcome in a home invasion shooting. I do appreciate your link and I hope others who view your comments will utilize that link to gain more information on that subject. Thanks again, Rick Taylor

Rick Taylor

Tue, Mar 22, 2011 : 5:16 p.m.

Hi Readers! Thank you very much for your passionate remarks, I mean that sincerely. I must stress that my article was to simply explain how guns are bought and sold in the state of Michigan; nothing more-nothing less. The wonderful thing about this country is that we have the right to talk about our points of view. I've made a couple of slight changes to the article in the hopes of clarifying a few things. Thank you again, Rick Taylor

Ricebrnr

Tue, Mar 22, 2011 : 4:58 p.m.

Not a bad job Rick. I agree with the others that there are some things where the details differ from your statements and I would have ordered a few things differently too. On the whole accurate enough as a primer for those who have no firearms law knowledge. Thanks for writing it and congrats for getting it posted.

ordmad

Tue, Mar 22, 2011 : 4:08 p.m.

The CPL classes are, essentially, instruction on what to say after you shoot someone. There's simply no need for handguns. They aren't designed for anything but shooting people and target practice. No matter how much fun you get out of the latter, it's not worth the cost to society of the former. Look at countries with strict gun laws: they're murder rate is substantially lower and, consequently, they're not spending $40,000 a year to lock up people for life.

Ricebrnr

Tue, Mar 22, 2011 : 8:17 p.m.

<a href="http://www.cdc.gov/nchs/data/nvsr/nvsr58/nvsr58_19.pdf" rel='nofollow'>http://www.cdc.gov/nchs/data/nvsr/nvsr58/nvsr58_19.pdf</a> Table 10. Number of deaths from 113 selected causes by age: United States, 2007—Con. - ALL AGES FOR 2007 Motor-vehicle accidents ........ 43,945 Other land transport accidents........ 1,083 Total 45,028 Assault (homicide) by discharge of firearms .................... 12,632 Accidental discharge of firearms ......... 613 Discharge of firearms, undetermined intent .... 276 Total 13,521 (3.3 times lower than vehicle deaths. If we add in: Intentional self-harm (suicide) by discharge of firearms ........................ 17,352 Total 30,873 (68.6% as much as vehicle fatalities) Sorry to wax hyperbolic.

ronaldduck

Tue, Mar 22, 2011 : 7:40 p.m.

Ricebrnr While I mostly agree with you I must take issue with "Magnitudes of order more people are killed daily by" cars. In 2006, according to the CDC, 29,000 people were killed by guns(all causes) and 26,000 people were killed by vehicles. If we get hyperbolic people who are the fence concerning firearms may decide that we can't be trusted to tell the truth and could tip to the other side.

Ricebrnr

Tue, Mar 22, 2011 : 4:41 p.m.

Oh boy, where to start. In countries with strict firearms laws, death BY FIREARMS is indeed lower BUT violent crime is generally higher. See England as a perfect example. Knife crime, home invasions, disparity of force crimes are through the roof. The Swiss are another perfect example. Just about every home has a state issued rifle and ammunition but violent crime is very low. Is driver's ed simply a forum to teach people how to evade trouble if they get in an accident? Are swimming pools simply not worth it? Many more children die in them each year than by guns. So the enjoyment of them is not worth their possession, right? How about cars? You enjoy yours? Magnitudes of order more people are killed daily by those, some purposefully, many through negligence. You shouldn't have one because it's not a benefit to society, right? What about bats? Been quite a few articles on this blog of assaults with them. Care to weigh in on those? They're only designed to hit things with great force after all.

Greggy_D

Tue, Mar 22, 2011 : 4:26 p.m.

Please explain the sky-high murder rates in Washington DC and Chicago. They have the strictest gun control laws in the nation.

Greggy_D

Tue, Mar 22, 2011 : 3:47 p.m.

"Misinformed" pretty much sums up this article. There is so much wrong with it. "No ordinary citizen can possess or purchase a fully automatic weapon. " Regarding automatic weapons....straight from the MSP website: <a href="http://www.michigan.gov/msp/0,1607,7-123-1586_27094-10953--,00.html" rel='nofollow'>http://www.michigan.gov/msp/0,1607,7-123-1586_27094-10953--,00.html</a> "Can I legally possess a fully-automatic firearm in Michigan? Under the Federal Gun Control Act, individuals may only possess those fully-automatic firearms that were lawfully possessed before May 19, 1986. The Attorney General has concluded that a person who has been authorized to possess a fully automatic firearm by the federal Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives is deemed licensed and may lawfully possess that firearm in Michigan. " That CPL attorney was also full of it with regards to being charged with murder EVERY SINGLE TIME for justifiably defending yourself.

Rick Taylor

Tue, Mar 22, 2011 : 5:28 p.m.

Eugene

Tue, Mar 22, 2011 : 2:24 p.m.

I generally agree with your article, but you should look into the castle doctine laws in Michigan. They protect you against prosecution (both criminally and civilly) for wrongful death when you fire in self defense, whether in your home or in public. Some attorneys do not teach this, which I feel is a scare tactic to try to keep people from keeping and owning guns, as well as getting their CPL. This is a very good article explaining it: <a href="http://www.ammoland.com/2009/08/03/michigans-castle-doctrine-law-and-you/" rel='nofollow'>http://www.ammoland.com/2009/08/03/michigans-castle-doctrine-law-and-you/</a>