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Firearms Legal Protection

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  1. #41
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    Quote Originally Posted by Scandiacus View Post
    No, CPL still exempts from the requirement to get a purchase permit.
    Man these laws are confusing to read.

  2. #42
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    So now sellers are going to have to rely on the USPS to deliver the receipt of sale to the buyers local PD. I'm sure there will be no issues there.......

    It's almost like this was designed to fail on purpose.

  3. #43
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    Quote Originally Posted by CCK_45 View Post
    Man these laws are confusing to read.
    I do believe they are made that way on propose.
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    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.

  4. #44
    So where does this stand currently? Would I still be able to purchase a handgun from a private individual with just the RI60? I do have a CPL.

  5. #45
    MGO Member Scandiacus's Avatar
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    Quote Originally Posted by silverknight674 View Post
    So where does this stand currently? Would I still be able to purchase a handgun from a private individual with just the RI60? I do have a CPL.
    Yes

  6. #46
    I am a Forum User
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    can I take possesion of my nieces longguns with no paperwork? thanx

  7. #47
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    Quote Originally Posted by eric View Post
    can I take possesion of my nieces longguns with no paperwork? thanx
    The “old” law is still in force now.

  8. #48
    I am a Forum User
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    Thanx. I read that new law didn't apply to family for longguns. Meeting niece tomorrow for lunch

  9. #49
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    Sorry, but why comply?

  10. #50
    MGO Member MCPO_SOCM_RET's Avatar
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    Quote Originally Posted by eric View Post
    Thanx. I read that new law didn't apply to family for longguns. Meeting niece tomorrow for lunch
    Wrong. There is no difference in the new law between pistol and long-gun - everything is now a "firearm".

    You said family so I defaulted to section 8 - transfers from an estate.

    If you're talking about just taking ownership from a family member, then section 5 applies - and you still need that LTP that doesn't exist yet. Because the niece giving you the long-gun is considered a "seller" under section 1.(p).
    (p) "Seller" means a person who sells or gives a firearm to another person.

    (8) This section does not prevent the transfer of ownership of pistols to an heir or devisee, whether by testamentary bequest or by the laws of intestacy regardless of whether the pistol is entered into the pistol entry database.
    An individual who has inherited a firearm shall obtain a license as required in this section not later than 30 days after taking physical possession of the firearm.
    The license may be signed by a next of kin of the decedent or the person authorized to dispose of property under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, including when the next of kin is the individual inheriting the firearm.
    If the heir or devisee is not qualified for a license under this section, the heir or devisee may direct the next of kin or person authorized to dispose of property under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, to dispose of the firearm in any manner that is lawful and the heir or devisee considers appropriate.
    The person authorized to dispose of property under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, is not required to obtain a license under this section if the person takes temporary lawful possession of the firearm in the process of disposing of the firearm pursuant to the decedent's testamentary bequest or the laws of intestacy.
    A law enforcement agency may not seize or confiscate a firearm being transferred by testamentary bequest or the laws of intestacy unless the heir or devisee does not qualify for obtaining a license under this section and the next of kin or person authorized to dispose of property under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, is unable to retain temporary possession of the firearm or find alternative lawful storage.
    If a law enforcement agency seizes or confiscates a firearm under this subsection, the heir or devisee who is not qualified to obtain a license under this section retains ownership interest in the firearm and, not later than 30 days after being notified of the seizure or confiscation, may file with a court of competent jurisdiction to direct the law enforcement agency to lawfully transfer or otherwise dispose of the firearm.
    The seizing entity or its agents shall not destroy, sell, or use a firearm seized under this subsection until 30 days have passed since the heir or devisee has been notified of the seizure and no legal action regarding the lawful possession or ownership of the seized firearm has been filed in any court and is pending. As used in this subsection:
    (a) "Devisee" means that term as defined in section 1103 of the estates and protected individuals code, 1998 PA 386, MCL 700.1103.
    (b) "Heir" means that term as defined in section 1104 of the estates and protected individuals code, 1998 PA 386, MCL 700.1104.

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