Michigan domestic violence & carry laws - Page 2
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Thread: Michigan domestic violence & carry laws

  1. #11
    Quote Originally Posted by Unfettered Might View Post
    I haven't actually looked at Michigan codes, but if the previous poster is correct, then your probably screwed.

    Now if you had been traveling to Kentucky, you wouldn't have had a problem as long as the suitcase had a lock. No gun registration and it would have fell under the federal law protecting interstate travel with a handgun since it would have been unloaded and in a locked container.
    Maybe, maybe not. The OP is not a Michigan resident, so our registration laws would/should not apply to her. But again, I'm not a lawyer, and she should at least talk to one who knows, and get their opinion.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

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  3. #12
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    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.

    I took the above off the Michigan State Police site.

    I am not an attorney but it is my understanding that "pistol in possession"; the possessor must either have a valid purchase permit (I don't know if one from another state would suffice) or a CPL from a reciprocity state. Since the gun was registered to another person and Ms. Jerri was the possessor, MI law states she must have one or the other. I don't believe that she'll be getting the gun back unless one of the two apply to her personally.
    “You shall know the truth and the truth shall make you mad.” – Aldous Huxley

  4. #13
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    I live in Traverse City, been around the law enforcement community for 25 years in this area. Not knowing the rest of the story and taking the circumstances at face value, I would seek legal council. Officers can make errors, paperwork and work flow can get messed up especially over the hollidays due to vacations and shortages of personnel, police are people too. Did you call them? If so and still had no resolution, that is why we keep attorneys in business.

  5. #14
    Quote Originally Posted by MI .45 View Post
    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.

    I took the above off the Michigan State Police site.

    I am not an attorney but it is my understanding that "pistol in possession"; the possessor must either have a valid purchase permit (I don't know if one from another state would suffice) or a CPL from a reciprocity state. Since the gun was registered to another person and Ms. Jerri was the possessor, MI law states she must have one or the other. I don't believe that she'll be getting the gun back unless one of the two apply to her personally.
    I'm pretty sure the stuff from MCL 28.422 generally applies MOSTLY to residents of Michigan. And as apparently, Texas has no registration laws, I also believe the OP was referring to the form her ex filled out when he bought the firearm.

    However, having said that, I do believe she should have had a Texas CHL, in order to lawfully possess the firearm, while in Michigan. But, that's only a guess on my part. She should still consult with a Michigan based attorney who can give her the best advice.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  6. Since when has a Texan had to register weapons?

  7. #16
    Quote Originally Posted by wysart View Post
    Since when has a Texan had to register weapons?
    I think, the OP was referring to the ATF form that is filled out at any FFL dealership when you buy a gun.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  8. I'm no attorney, and you should consult one, but...

    Ms Jerri: If you observed the law in transporting the handgun, and have a valid TX CCW, a cursory review of the laws suggests you should have been legal in MI. Carry, possession, loaded or unloaded should have been covered. You can look up the statutes yourself, at:
    Michigan Legislature - Basic MCL Search

    If you do not have a carry permit for TX, the waters are certainly muddied. However, you were not carrying a concealed weapon, it would appear, so possession would appear to be the question. "Registration" is not allowed in the US, and guns can be given or sold privately, so long as the recipient is legally able to have possession. Assuming you hadn't stolen the pistol from your ex, and you were otherwise legally entitled to possess the handgun in TX, you'd need to look at statutes from MI to see how they apply to you. Below is an excerpt from 28.422 that seems to apply:
    (8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:

    (a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.

    (b) The individual is in possession of the license described in subdivision (a).

    (c) The individual is the owner of the pistol he or she possesses, carries, or transports.

    (d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

    (e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

    (9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


    Good luck. Either way, legal or not, you'll have to have an attorney intervene now to get your pistol back, and having it shipped home will be another exercise in adminsitrative process and expense.
    "Laws that forbid the carrying of arms ... make things worse for the assaulted and better for the assailants ... for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

  9. #18
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    Quote Originally Posted by Longhairwitha357 View Post
    I would say the reason you did'nt get the gun back was bacause you were in possesion of a gun that wa not registered to you. just from what I know to posses a gun that is not yours you have to have a purchase permit. I guess this makes it leagle to have an unregistered gun but they are only good for 10 days. That being said I agree with the seeking leagle advise from a lawyer.
    That's interesting except that many states don't "register" a handgun. They will do a background check (maybe not if you have a carry permit) but have no "registration" that the state keeps. The dealer keeps the Federal forms on hand but the state has no copy. Now some states (Kalifornia as one) do have handguns registered but I'm pretty sure that Idaho, as an example, does not.

    All law enforcement can check for is if the gun serial number has been reported as stolen.

    I wonder if the lawyer cost, particularly if he would have to file suit would not be more than the cost of a new gun? A better solution might be to contact the Second Amendment Foundation, Gun Owners of America, and/or NRA-ILA and see if it's possible to get them to put legal pressure on the town.
    Maybejim

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  10. #19

    MI

    Quote Originally Posted by Longhairwitha357 View Post
    I would say the reason you did'nt get the gun back was bacause you were in possesion of a gun that wa not registered to you. just from what I know to posses a gun that is not yours you have to have a purchase permit. I guess this makes it leagle to have an unregistered gun but they are only good for 10 days. That being said I agree with the seeking leagle advise from a lawyer.
    He is right on about that. You CCL carriers in MI are breaking the law if the handgun is not registerd in your namePeaceful

  11. #20
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    Quote Originally Posted by Peacefulpatton View Post
    He is right on about that. You CCL carriers in MI are breaking the law if the handgun is not registerd in your namePeaceful
    What is this "registration"? If I buy a handgun in Idaho, there is no "registration". In Kalifornia, yeah, handguns are registered. Was this handgun really "registered"?
    Maybejim

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    Life Member CRPA
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    What you say isn't as important as what the other person hears

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