Legal ?...

[Td181]

Ok well my first issue is im 20, not 21.
I was told from alot of people that i can buy a handgun from a private seller at my age just not retail store? It would be much appreciated for some insight on this.

Another thing is i caught a DUI and a Misdemeanor marijuana charge about 2 years ago. Im assuming this will screw me on getting a pistol?



Any info would be greatly appreciated
Thanks, Troy

[GPintheMitten]

Well, you can go to your local PD and apply for a pistol purchase permit. They'll run your record and will issue you one if you clear.

Others will be on shortly to give you the legal citations of what disqualifies a person from gun ownership. If you get a permit to purchase, then you can buy from an individual but not from a dealer.

[Td181]

Thank you very much. Thats exactly what i needed to know.
Anybody know what my odds are looking like?

[hopeitsfast]

This is the actual law.......http://www.legislature.mi.gov/(S(w0c5y4553xtxbrzmmj3adxbc))/mileg.aspx?page=GetObject&objectname=mcl-28-422 (This is actually what you should learn and understand)

And this is the 'short version;


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Purchasing and Registering a Pistol in Michigan

In Michigan, a person "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol," as prescribed in MCL 28.422. These licenses shall be obtained by the local police agency. If the city, township, or village does not have an organized police agency, the license shall be obtained by the county sheriff department.

There is an exception for a person licensed in Michigan to carry a concealed pistol. He or she must obtain a Pistol Sales Record (RI-060) any time he or she purchases or otherwise acquires a pistol, pursuant to MCL 28.422a.

The police authority will check for any criminal record at both the state and national level.

An applicant must comply with all state and federal laws prior to the issuance of the license. The following are state and federal laws that prohibit an individual from receiving a license:

Michigan - MCL 28.422

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 of the United States.

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:

MCL 330.1464a - Involuntary hospitalization or alternative treatment program
MCL 700.444a - Legally incapacitated (now MCL 700.5107)
MCL 600.2950 - Personal Protection Order
The Personal Protection Order must be active. Inactive PPOs will stay on file for five years for historical purposes.
MCL 600.2950a - Stalking
MCL 552.14 - Restraining Order
MCL 765.6b - Release subject to protective conditions
MCL 769.16b - Not guilty by reason of insanity
Under 18

Not a U.S. citizen or resident alien and a resident of Michigan

Prohibited from possessing, using, transporting, etc. under MCL 750.224f

Adjudged insane in this state or elsewhere, unless restored to sanity by court order

Under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness

Adjudged legally incapacitated

Unable to correctly answer 70% of the questions on the basic pistol safety questionnaire.

Federal - 18 USC §922(g) & (n)

Under indictment for or have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year

Fugitive of justice

Unlawful user of, or addicted to, any controlled substance (convicted, of possession within last year, multiple arrests for possession within the past five years if most recent arrest occurred within the past year, or positive drug test within last year)

Adjudicated as mental defective or been committed to any mental institution

Alien and is illegally or unlawfully in the U.S. (alien without permanent residence status)

Dishonorably discharged from the military

Formally renounced U.S. citizenship

Subject to a court order prohibiting harassing, stalking, or threatening of an intimate partner or child of such intimate partner or from engaging in other conduct that would place the partner or child in reasonable fear of bodily injury

Convicted in any court of a misdemeanor crime of domestic violence (does not have to be classified as a "domestic crime")

Under indictment for a crime punishable by imprisonment for a term exceeding one year

If the purchaser is not a U.S. Citizen, an Immigrant-Alien Query (IAQ) check must be conducted through NLETS. An agency MUST wait for a response before proceeding. This could take up to three days.

If the reply to the NICS check reveals no state or federal prohibitors, the license process may proceed. The applicant must answer gun related questions on a Basic Pistol Safety Questionnaire, with at least 70% correct, and swear before a notary that they meet the statutory requirements to own a pistol.

The License to Purchase a Pistol form must be completed even though the applicant may already have possession of a pistol, such as through an inheritance. Federal firearms licensed dealers are not exempt from this section of the law and must also get a license any time they purchase/acquire a pistol from an individual or another gun dealer. There is an exemption only for dealers purchasing pistols directly from the manufacturer or wholesaler.

If the law enforcement agency determines that the applicant is prohibited from purchasing or possessing a firearm, an NICS Guide for Appealing a Firearm Transfer DENIAL pamphlet, with the NICS Transaction Number (NTN) written on the cover is provided to the applicant.

A License to Purchase a Pistol is valid for 10 days to purchase a pistol. The seller must sign the license and keep one copy for his/her records. An individual must keep a copy and return two copies to the local police department within 10 days of purchasing the pistol.

Some agencies require all unused license to purchase forms be returned to them for record keeping purposes.

These forms are licenses to purchase a pistol and the purpose is not to circumvent the required NICS (National Instant Check System) check when buying a shotgun or rifle from an FFL dealer.







Related Content
• Firearms Laws of Michigan Index (2009)
• Firearms Laws of Michigan
• MCOLES and the CCW Law
• Firearms Identification Guide
• Public Notice of Intent to Dispose of Firearms
• CCW Reports
• Carrying Under the Influence
• Concealed Pistol Permit Renewal Information
• Concealed Pistol Application and Instructions
• Federal Firearms Laws
• NCIC Gun Code Manual
• Michigan's Concealed Pistol Law - FAQs
• Pistol Free Areas
• Proper Conduct During Encounters with Police
• Reciprocity
• Concealed Pistol License Requirements


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[geolson]

What you have been told is correct. When I first was told this it didn't make sense to me why I couldn't legally buy a gun from a store, but I could buy one from the guy standing in the parking lot. I e-mailed some people from the state, and they explained it. They told me that the federal law states that to buy a handgun from a FFL, you need to be 21 years old. The law does not go into buying a handgun from someone other than an FFL, which is why in some states, like Michigan, are able to let people under 21 buy hand gun from a private person.

[tdbrown1969]

I have sold a pistol to a guy who was just shy of his 20th birthday and another to a guy who was 20.Both obtained a PP from the local police.So if you can get a permit to purchase people will sell you a pistol.td

[Jerbear1098]

1 question.... How do you "catch" a DUI and a Misdemeanor marijuana charge?

[tdbrown1969]

1 question.... How do you "catch" a DUI and a Misdemeanor marijuana charge?

By trolling for the police:)

If it was 2 years ago he should be good to get a permit then?

[HoldHard]

If it was 2 years ago he should be good to get a permit then?
It's going to depend on the police chief. He has the final say in purchase permits as it's his signature (or the stamp of his signature) that goes on the paperwork.

HH

[kdogg]

I'm no lawyer nor do I pretend to know the law but I was under the impression the only way to be denied a permit was to have a Felony or be on probation for something.

Hell, I even remember Jim, when he was the legal contributor for MGO saying the Lathenburg Act doesn't apply to Michigan and that there is case law to support that fact.

When I told him one of my friends was denied a permit to purchase for shoving his mother (domestic violence charge), he told me to have him call because he should have been able to get one.

[mini4m3]

1 question.... How do you "catch" a DUI and a Misdemeanor marijuana charge?

Catch is slang for received. Its how we do in the streets yo.

[TylerPearce]

I am 18 and have owned 5 pistols legally.

[Td181]

Thanks for all the reply's,Its much appreciated. Also "Caught" a charge is obviously getting arrested for the charges i wrote. Sorry i figured the message would get across.

[Lam220]

With a very expensive glove!

[esq_stu]

It's going to depend on the police chief. He has the final say in purchase permits as it's his signature (or the stamp of his signature) that goes on the paperwork.I disagree. If you meet the criteria under the law to be eligible, it is not really up to the police chief, though he may think so. If it is denied, try and try again, and then ask for a specific reason why it is denied (ask which specific criterion disqualified you under the PP law and not why the chief doesn't want to issue a PP). If the reason is not one justified under the law, you may need a mouthpiece to explain it to him.

If you leave it up to the clerk, you are not getting the service you are entitled to.

[langenc]

The 'definition of caught' is kinda like "grab for buying" as 'how many do you want to grab'?