Welcome to MGO's Internet Discussion Forums…Please Consider Becoming a Dues-Paying Member of the ORG…Click >>>>>HERE<<<<< for more info…………****DONATIONS**** can also be made toward MGO's Legal Defense Fund and/or MGO's Forums >>>>>HERE<<<<<

KROGER

Page 2 of 4 FirstFirst 1234 LastLast
Results 11 to 20 of 32
  1. #11
    I am a Forum User
    Join Date
    Jul 2009
    Location
    Brighton
    Posts
    7,274
    Quote Originally Posted by Outdoorman View Post
    Thank you all very much I really appreciate all the information!

    I thought that it had to be registered because it was a handgun.

    Thanks again everybody!
    If you purchased it as an assembled pistol from a dealer or individual, a pistol transaction record would need to be completed. So if you ever sell it, that would apply.

  2. #12
    I am a Forum User
    Join Date
    Sep 2012
    Location
    Two clicks past the oak tree
    Posts
    1,958
    Quote Originally Posted by GreaseMonkeySRT View Post
    If you purchased it as an assembled pistol from a dealer or individual, a pistol transaction record would need to be completed. So if you ever sell it, that would apply.
    What if you purchase an assembled lower with a brace which is classified "other" when you pick it up from an FFL and purchase a complete 8.5" upper. Then you decide to sell it. It has to be sold as a pistol then, correct? The reason I asked this is if I remember you can't be in possession of a short barrel and a AR rifle as that would be in possession of an SBR. So does being in possession of an 8.5" barrel make the lower automatically a pistol lower? Very confusing.
    Last edited by erict; 08-10-2020 at 07:03 PM.

  3. #13
    I am a Forum User
    Join Date
    Jul 2009
    Location
    Brighton
    Posts
    7,274
    Quote Originally Posted by erict View Post
    What if you purchase an assembled lower with a brace which is classified "other" when you pick it up from an FFL and purchase a complete 8.5" upper. Then you decide to sell it. It has to be sold as a pistol then, correct? The reason I asked this is if I remember you can't be in possession of a short barrel and a AR rifle as that would be in possession of an SBR. So does being in possession of an 8.5" barrel make the lower automatically a pistol lower? Very confusing.
    When you say sell it, what are you referring to? The lower or upper?

    If you buy a lower, then put a upper on it and it meets the legal definition of a pistol in Michigan than a RI60 is completed unless the buyer is exempt.

    If you resell only the lower, it's sold as a lower.

    Simply owning an upper with less than a 16 inch barrel doesn't mean you have a SBR. Intent would have to be proven, simply owning the items NOT assembled doesn't make it a SBR.

    The lower isn't anything until an upper is attached, and based on its configuration determines what it is.

  4. #14
    I am a Forum User
    Join Date
    Sep 2012
    Location
    Two clicks past the oak tree
    Posts
    1,958
    Quote Originally Posted by GreaseMonkeySRT View Post
    When you say sell it, what are you referring to? The lower or upper?

    If you buy a lower, then put a upper on it and it meets the legal definition of a pistol in Michigan than a RI60 is completed unless the buyer is exempt.

    If you resell only the lower, it's sold as a lower.

    Simply owning an upper with less than a 16 inch barrel doesn't mean you have a SBR. Intent would have to be proven, simply owning the items NOT assembled doesn't make it a SBR.

    The lower isn't anything until an upper is attached, and based on its configuration determines what it is.
    Selling both together. Thank you for the clarification, makes sense now.

  5. #15
    MGO Member Roundballer's Avatar
    Join Date
    Mar 2009
    Location
    I/C "Gateway to the Thumb" Lapeer County
    Posts
    22,570
    Quote Originally Posted by erict View Post
    What if you purchase an assembled lower with a brace which is classified "other" when you pick it up from an FFL and purchase a complete 8.5" upper. Then you decide to sell it. It has to be sold as a pistol then, correct? The reason I asked this is if I remember you can't be in possession of a short barrel and a AR rifle as that would be in possession of an SBR. So does being in possession of an 8.5" barrel make the lower automatically a pistol lower? Very confusing.
    It appears that you have it right, but looks twisted in your post. There is no such thing as constructive possession any more. I could also be misreading the "sell it" part.

    You can sell the short upper, no problem.

    You can sell the pistol you built, and since it is a pistol, you would sell it as such. And it doesn't matter that you could not do the paper work because of the way the law is written, you sell it with all of the paper work complete for that transaction.

    You can sell the lower separately, as "other", provided you either don't own an AR rifle alone, or do own another lower that didn't start as a rifle along with the rifle.

    The possession of the short upper only becomes an issue when, the only thing you CAN assemble with that part IS an NFA item.

    This is a SCOTUS decision, Thompson vs US.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  6. #16
    MGO Board of Directors

    Trustee CyborgHunter's Avatar


    Join Date
    Apr 2015
    Location
    Macomb County, MI
    Posts
    1,208
    Quote Originally Posted by JDG View Post
    Call MSP records Division. They give out pretty sketchy info on how to use their forms...
    Is that sarcasm?
    Seriously, never ask Law Enforcement personnel for legal advice.
    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners.

  7. #17
    Legal Forum Contributor / Super Moderator esq_stu's Avatar
    Join Date
    Nov 2006
    Location
    West Bloomfield
    Posts
    7,628
    Quote Originally Posted by GreaseMonkeySRT View Post
    You don't fill out anything. Build and enjoy. There's no legal way to complete the RI60 for self assembled pistols.

    AR Pistol Assembled from parts "registration":

    ***So, is a SARL (stripped AR lower) a firearm? (under state law, not federal) No
    If no, go to the next question.

    ***If a SARL is not a firearm, it should be a safe assumption to assume it is when fully assembled (we'll skip the intermediate steps). So, if the firearm is <= 26", then this is when the SARL becomes a pistol (if not before), and we ask if the paperwork submission requirements apply.

    MCL 28.422(5) and MCL 28.422a(2) are practically identical, so let's just go with the latter.

    ***The requirement kicks in when an individual "purchases or otherwise acquires". Is manufacture (assemble from SARL) otherwise acquire?
    If yes, then we go to the next question.
    If no, then we can stop with an answer of no paperwork needed.

    ***If manufacture does fall under "otherwise acquire", then we look at to whom does the paperwork submission requirement apply. Answer "purchaser" and "seller". Those terms are defined in MCL 28.421:

    ***Does someone who manufactures a pistol (builds from SARL) acquire from "another person"? No. This means that such a person does not fit either the definition of "purchaser" nor the definition of "seller". It is a longstanding principle of statutory construction that when a term is defined in the law, that definition controls. Further, all words are to be given meaning and thus cannot be ignored.
    . . .
    Therefore, even if we get this far, there is no legal way for such a person to fill out the paperwork. A "seller" must fill out the paperwork, and a "purchaser" must turn it in. Further, if you lie on a form, both MCL 28.422 and 28.422a make it a 4yr felony.
    Other than the cited sections of law, please cite the source of this advice. Hopefully more than a "trusted source in the 2A community."
    All the best,

    --esq_stu
    NRA Life Member
    NRA Certified Instructor: Basic Pistol, Personal Protection in the Home, Personal Protection Outside the Home


    The above comments are not intended to be and do not constitute legal advice to anyone.

  8. #18
    I am a Forum User
    Join Date
    Jul 2009
    Location
    Brighton
    Posts
    7,274
    Quote Originally Posted by esq_stu View Post
    Other than the cited sections of law, please cite the source of this advice. Hopefully more than a "trusted source in the 2A community."
    Jesus.

    On a serious note, what difference does it make who the original source is? Correct information is correct information.

  9. #19
    Legal Forum Contributor / Super Moderator esq_stu's Avatar
    Join Date
    Nov 2006
    Location
    West Bloomfield
    Posts
    7,628
    Quote Originally Posted by GreaseMonkeySRT View Post
    Jesus.

    On a serious note, what difference does it make who the original source is? Correct information is correct information.
    It was posted on the MOC website with no attribution to any legal authority. Just because someone says it is correct does not make it correct. It purports to be legal advice. What makes it correct?
    All the best,

    --esq_stu
    NRA Life Member
    NRA Certified Instructor: Basic Pistol, Personal Protection in the Home, Personal Protection Outside the Home


    The above comments are not intended to be and do not constitute legal advice to anyone.

  10. #20
    I am a Forum User
    Join Date
    Jul 2009
    Location
    Brighton
    Posts
    7,274
    Quote Originally Posted by esq_stu View Post
    It was posted on the MOC website with no attribution to any legal authority. Just because someone says it is correct does not make it correct. It purports to be legal advice. What makes it correct?
    What makes it incorrect, and how does the source change that?

    I've specifically had firearms lawyers state there no legal way to register self assembled firearms, but I'll not throwing their names out their without their permission.

Page 2 of 4 FirstFirst 1234 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
only search Michigan Gun Owners Forums
MGO's Facebook MGO's Twitter