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Firearms Legal Protection

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  1. #1
    I can't post links yet! Forum User
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    Black powder pistol help

    Hello,
    I just moved to Michigan and have received conflicting info on this matter. I want to buy a black powder pistol, is it true it can be shipped right to me and not need registered (I know I would need a CPL to conceal carry it)? I want to make sure I don't accidentally break any laws, and Michigan law can be a touch tricky at times... I appreciate the responses, and if there is some other step in the process I should know about I would be very thankful if ya shared. Have a great day!

  2. #2
    MGO Member Roundballer's Avatar
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    Black Powder pistols are not registered.

    Being that this is is a Legal question, give me a few and I will link the exception to 422 in.

    MCL 28-432
    28.432 Inapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.

    Sec. 12.
    (1) Section 2 does not apply to any of the following:
    (a) A police or correctional agency of the United States or of this state or any subdivision of this state.
    (b) The United States army, air force, navy, or marine corps.
    (c) An organization authorized by law to purchase or receive weapons from the United States or from this state.
    (d) The national guard, armed forces reserves, or other duly authorized military organization.
    (e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.
    (f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.
    (g) The regular and ordinary possession and transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.
    (h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
    (i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.
    (2) The amendatory act that added subsection (1)(h) shall be known and may be cited as the "Janet Kukuk act".
    Emphasis added.

    And as referenced: MCL 750-231a

    750.231a Exceptions to MCL 750.227(2); "antique firearm" defined.

    Sec. 231a.
    <-- Snip -->
    (2) As used in this section, "antique firearm" means either of the following:
    (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
    (ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
    In carrying or transporting, you pretty much still treat them the same as any other firearm.

    And, yes, if the sellers know the laws, they can be shipped directly to your door.
    Last edited by Roundballer; 07-02-2020 at 09:24 AM.


    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.

  3. #3
    I am a Forum User
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    In carrying or transporting, you pretty much still treat them the same as any other firearm.

    A BP pistol is the same as a rifle as far as being considered unloaded as long as the ignition source isn’t in the pistol correct?
    I’ve never owed a BP pistol.

  4. #4
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by oldfart View Post
    In carrying or transporting, you pretty much still treat them the same as any other firearm.

    A BP pistol is the same as a rifle as far as being considered unloaded as long as the ignition source isn’t in the pistol correct?
    I’ve never owed a BP pistol.
    NO!

    That is one of those things that you get bad info from the DNR, but the law says different.
    The DNR has a note on their site that they consider "un-primed" as unloaded.
    The law says unloaded in magazine AND barrel.


    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.

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