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KalamazooPromise
03-05-2010, 09:23 PM
My gf and I aren't married. If I used a handgun registered to her in self defense (while staying at her apartment) would it still be okay, or should I only consider using my own gun in self defense?

Thanks!

ShootinFool
03-05-2010, 09:25 PM
Someone correct me if I am wrong, but I believe that a law was passed allowing CPL holders to use guns that are registered to other CPL holders provided that permission is granted.

I don't know if the same applies where the people are not CPL holders.

KalamazooPromise
03-05-2010, 09:27 PM
Someone correct me if I am wrong, but I believe that a law was passed allowing CPL holders to use guns that are registered to other CPL holders provided that permission is granted.

I don't know if the same applies where the people are not CPL holders.

I'm not a CPL holder (yet) but keep a gun at home for self defense, and so does she.

steve581581
03-05-2010, 09:31 PM
if you both live at the address i dont see where a problem would come up... you may want to call your local pd... ive lived with my girlfriend for 3 years now and all of my guns were here and all in my name untill she just recently got her cpl so i bought her a gun of her own

that guy
03-06-2010, 04:06 AM
DO NOT CALL your local PD!!!

Cops are very often the LAST person who know the gun laws.

As in any self defense act....what you do in a time of fear / defense is up to you.

If both of you are legal to own a gun....then that is the first hurdle.

Whether you grab yours of hers to protect yourself or her....well you will not have time to tell the bad guy...

'wait....I have to walk past this perfectly legally owned gun of hers to go get mine...so please hold that pose'

so...in those seconds where you need to decide what to do and what to use....only you or her can decide and if it gets you or her an appointment in front of a jury to defend your actions...you or her can only be the one to say why you or her did what you did

GPintheMitten
03-06-2010, 05:04 PM
You might want to post this in the legal beagle section. There are some attorneys on the forum, who know Michigan case law.

RS2
03-06-2010, 05:25 PM
My gf and I aren't married. If I used a handgun registered to her in self defense (while staying at her apartment) would it still be okay, or should I only consider using my own gun in self defense?

Thanks!


I'm not aware of any legal impediment to the lawful use of your girlfriend's pistol.

As stated above however, I certainly wouldn't call and ask this question of the local police. They might tell you that you are in violation of MCL 750.335 and come arrest you. :nono:







MCL 750.335 http://www.legislature.mi.gov/(S(vn1sfa452es1pw455f41ayux))/mileg.aspx?page=getObject&objectName=mcl-750-335

_DK_
03-06-2010, 08:43 PM
I'm not aware of any legal impediment to the lawful use of your girlfriend's pistol.

As stated above however, I certainly wouldn't call and ask this question of the local police. They might tell you that you are in violation of MCL 750.335 and come arrest you. :nono:







MCL 750.335 http://www.legislature.mi.gov/(S(vn1sfa452es1pw455f41ayux))/mileg.aspx?page=getObject&objectName=mcl-750-335


Gotta love that MCL! I like to click the next and previous arrows a few times when someone posts a law like this, Those are more entertaining.

TAC
03-11-2010, 02:51 PM
If you really needed to use it for self defense would you honestly be worried about what the law says at that point? Would you not defend yourself, and die before you would break the law?

In a situation such as you describe, that's where the old saying definitely applies:

"It's better to be tried by 12 than carried by 6!" 8)

Daniels
03-11-2010, 02:56 PM
if you both live at the address i dont see where a problem would come up... you may want to call your local pd... ive lived with my girlfriend for 3 years now and all of my guns were here and all in my name untill she just recently got her cpl so i bought her a gun of her own

Don't call your local pd for questions like this. chances are they don't know either. I'd call a lawyer.

ninjatoth
03-14-2010, 03:11 PM
Technically,it is very illegal for you to handle,target practice with or use in self defense your GFs pistol unless you have a CPL,even while living in the same address.However,in reality,a jury would never find you guilty of any crime for defending yourself with her pistol in your own home even if technically you broke the law.Now long guns are totally different.If she had a shotgun,you could borrow it and possess it and so could she.and take it to the range and whatnot.

BigIrish
03-18-2010, 02:36 PM
Technically,it is very illegal for you to handle,target practice with or use in self defense your GFs pistol unless you have a CPL,even while living in the same address.However,in reality,a jury would never find you guilty of any crime for defending yourself with her pistol in your own home even if technically you broke the law.Now long guns are totally different.If she had a shotgun,you could borrow it and possess it and so could she.and take it to the range and whatnot.

correct - it isn't legal for a non-CPL holder to borrow a pistol that's not registered to them. on the flip side, it's perfectly legal for a CPL holder to borrow and carry a pistol that's legally registered, assuming you have the owner's permission.

However, there is nothing illegal about handling/operating a pistol in the presence of the registered owner when you're at the shooting range. I don't know why that would be any different in the owner's own home. Carrying it outside to chase a BG while the girlfriend remained inside would probably cross the line.

Done Deal
03-18-2010, 04:46 PM
Carrying it outside to chase a BG while the girlfriend remained inside would probably cross the line.

Of course it would. Let the girlfriend chase the BG outside with her own darned gun....

steve581581
03-18-2010, 04:51 PM
Of course it would. Let the girlfriend chase the BG outside with her own darned gun....
Once the bg is running away you are no longer defending yourself buy persuing if you give chase.

dpgperftest
03-18-2010, 05:07 PM
I'm not a CPL holder (yet) but keep a gun at home for self defense, and so does she.

defense in a home right just use it .Better to be judged by 12 than carried by 6

BigIrish
03-18-2010, 10:07 PM
Once the bg is running away you are no longer defending yourself buy persuing if you give chase.

i would guess that stepping outside even to verify that an intruder was gone would be illegal by the letter of the law. if the pistol isn't registered to the person carrying it, the owner had better be in the presence of the pistol at all times.

Done Deal
03-19-2010, 10:18 AM
Once the bg is running away you are no longer defending yourself buy persuing if you give chase.

Thats why you put your girlfriend on the track.

JohnJak
03-20-2010, 10:19 AM
By law shes the one that wears the pants in the family in her domain.

dirtyharry
03-22-2010, 11:20 AM
Technically,it is very illegal for you to handle,target practice with or use in self defense your GFs pistol unless you have a CPL,even while living in the same address.However,in reality,a jury would never find you guilty of any crime for defending yourself with her pistol in your own home even if technically you broke the law.Now long guns are totally different.If she had a shotgun,you could borrow it and possess it and so could she.and take it to the range and whatnot.


This is not entirely true. If she is present, you can infact use her pistol for target practice. You just cannot OC or CC it unless you have a CPL.

As far as the self defense part, I'm not sure. I wonder if there is any case law on this.

RS2
03-22-2010, 11:37 AM
As far as the self defense part, I'm not sure. I wonder if there is any case law on this.

Although I have not researched this, I would highly doubt that a case involving an otherwise good shoot would make it up to the Court of Appeals on the singular issue of whether the shooter was using someone else's pistol. It is possible that the question has been addressed in a bad shoot case.