Michigan House Judiciary Committee to Consider Repeal of Handgun Permit-to-Purchase and Registration

The Michigan House Judiciary Committee is reviewing an important and long-overdue bill that would eliminate the state handgun “permit-to-purchase” and registration requirements. Although a date has not been announced, House Bill 5225 will be heard in the House Judiciary Committee sometime after the spring recess.

HB 5225, introduced by state Representative Paul Opsommer (R-93), would abolish the bureaucratic “permit to purchase” handguns which became obsolete when the National Instant Criminal Background Check System went into effect in 1998. Under the current state system, gun buyers must apply with their local law enforcement agency and pass a written test before being authorized to buy a handgun. This “permit” is valid for only one gun and it expires after ten days. Since 1998, federal law has required a national criminal records check for the purchase of any firearm from any gun dealer in every state.

The NRA has been working diligently to repeal this antiquated and unnecessary obstacle to gun owners and has coordinated with several state Representatives to produce new language for HB 5225. Two companion bills are also moving through the House: House Bill 5498, sponsored by state Representative Richard LeBlanc (D-18), and House Bill 5499, sponsored by state Representative Ray Franz (R-101).

This important pro-Second Amendment legislation will be heard before the House Judiciary Committee, most likely in mid-April. NRA-ILA will keep you updated as details become available.

In the meantime, please contact members of the House Judiciary Committee and respectfully urge them to support HB 5225.

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This is so easy, If my dog had thumbs, He could do it!

U.S.N. Retired 1985-2005

Burner, can you clarify some things for me??? I know that individual states have more power over ratification of firearms legislation than our provinces do in Canada. As a firearms owner, I must pass our Firearm Safety Course, have the chief firearms officer for our province (run by the Ontario Prov. Police) sign off on my actual exam documents and ink stamp them, then I send my application to the RCMP (ie FBI) and they run the national firearms program which issues Possession and Acquisition Licenses to all Canadian Citizens who qualify. Our permits cover us for 5 years. There are 3 classes, Non-Restricted = long guns, Restricted = handguns with barrels longer than 4.1/4 inches and Prohibited = grandfathered firearms --> the prohibs are basically relegated to collector status and only those who had possession of these with the institution of the ammended firearms act can possess these.

I know....a long winded intro...any way, from what I understand, it seems that long guns, or rifles are not regulated beyond the US federal assault weapon legislation, thus a resident of the state could walk in to a gun/pawn shop and purchase a long gun?? or do they require something else to present to the vendor?

I note that hand guns seem a bit more restrictive in some states, thus having to apply with local law enforcement for a purchase permit?? Would this apply if you were buying a hand gun from a private citizen? There seems to be concealed carry permits issued as well, and from what I have been able to gather you have to have completed a CCW class in order to apply for one correct?

Then there are people have a full auto rifle or carbine??? who are those that are eligible for that class of firearm? or is it only some jurisdictions that have those? Also a bit confusing is the FFL and C & R? What are these requirements??

thanks, Marc

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K98, M-48, K31,P-14, No.4 mk 1*LB, M96, M38, TT-33, SVT-40, 2 x Tula SKS, Izhevsk M/N "beast"

Awesome news!


I'll answer the questions as best I can, as it relates to Michigan law.



To purchase a long gun from a dealer (gun shop, pawn shop, etc) one needs to pass a background check (which takes about 2 minutes) and fill out a form, then you can walk away with your gun if you are approved. If you are buying from an individual, no paperwork or background check is required; you make a deal, shake hands and walk away with your firearm.



In Michigan you are required to obtain a permit to purchase a pistol which is simply a case of going to the sheriff's office and asking for one, they run a background check and issue your permit. You have to do this no matter where you buy it from, even from an individual. Once acquired, you must return a portion of the paperwork to the sheriff for registration and then you're all set.



With a CPL, you can skip going to the sheriff's office initially as you don't need a background check. Most vendors will have a form to fill out at their store, or you can download a form from the MI government website, which is what you will use to record the transaction and take a portion back to the sheriff's office and register the pistol after purchase. As you can see, registration is still required, but as you are licensed to carry a concealed pistol you've already had higher level background checks done on you so the background check and purchase permit is waived.

In order to get a CPL you must pass a class and file for the permit. All being good, you are issued your permit. Michigan is a "shall issue" state, meaning if you have completed the process correctly and have a clean record the authorities are obligated to issue you the licence. They do not get to decide if you are worthy of one or not as in some "may issue" states.

many Thanks Alex. I figured it would play out something along those lines. What about this FFL (federal firearms license?) and C & R (collector and restorer??) are these special permits as well which transcend state governments and allow you to purchase other more restrictive firearms based on more background checks??

Marc

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K98, M-48, K31,P-14, No.4 mk 1*LB, M96, M38, TT-33, SVT-40, 2 x Tula SKS, Izhevsk M/N "beast"

This is good news I never understood why michigan makes you pay $ 8 for a purchase permit and do a background check. Then when you go buy the pistol the place calls in and does another background check. Seems like its only about the $

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"Laws that forbid the carrying of arms ... disarm only those who are neither inclined nor determined to commit crimes." - Thomas Jefferson

You have to pay for a purchase permit?

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"The nine most terrifying words in the English language are: 'I'm from the government and I'm here to help.'"--Ronald Reagan

Not anymore because I have a cpl. But my brother just 2 weeks ago "bought" a purchase permit. $ 8 at monroe sheriffs office. Then you have 10 days to purchase a pistol or it expires.

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"Laws that forbid the carrying of arms ... disarm only those who are neither inclined nor determined to commit crimes." - Thomas Jefferson

I've never had to pay for a purchase permit before...

I lived in Northville, I had to pay for all of mine.



Sent from my iPhone using Tapatalk

Generally, the only things that are restricted at the federal level are so-called "Class 3" firearms such as fully automatic or selective fire firearms, short-barreled rifles and shotguns, suppressors ("silencers") and "destructive devices" which are firearms that expel a projectile that's larger than 50 caliber (antique firearms such as a 69 cal flintlock and shotguns aren't destructive devices). Such fun things can be purchased by a citizen with a clean record but they have to pay $200 for a special tax stamp and get their local police chief sign off on the tax stamp application. Full-autos made after 1986 can't be transferred to an individual nor can ones made before then which have not been registered.

FFL = Federal Firearms License. This is someone who is in the business of selling firearms, or at least handles the transfer of firearms across state lines. For instance, I live in Pennsylvania. If I purchase a rifle from someone a mile away in Delaware, it has to be shipped to a FFL because the buyer and seller are in different states. I go to the FFL's store or home, fill out the forms and he conducts the background check over the phone. Assuming I check-out, I pay him the transfer fee (they usually charge anywhere from $20 to $45 to do transfers when they aren't selling the gun out of their inventory) and walk out the door with my new rifle. Some states, however, have a "cooling off" period when the buyer has to pass the background check but can't take possession of the firearm for a stated period of time (10 days or so).

C&R = "Curio & Relics" license. These are issued to "licensed collectors" who apply for them. These allow a licensee to acquire certain "curio and relic" firearms across state lines without having to go through a FFL or background check. Generally, all firearms that are more than 50 years old fall within this category. Certain more modern firearms also qualify, such as the Yugoslavian 59/66 SKS rifle or Czech CZ-82 handgun. A C&R license covers purchases of firearms, but does not authorize the holder to engage in the business of selling them. If you want to start selling guns for a living, you need to get a FFL.

State an local laws can be much more restrictive though. For instance, in the state of New Jersey, all firearms purchases have to go through an FFL, so a C&R license is worthless there, at least in terms of purchasing firearms, and you can forget about getting Class 3 toys. Some states restrict purchasers to 1 handgun a month. Also, many states and localities prohibit the possession of certain "assault" rifles, high-capacity magazines, hollow-point or armor piercing bullets and other things. Until a couple of years ago, it was practically impossible to legally possess a firearm in Washington DC but our Supreme Court finally overturned the city's ban. The decision is being used to try and overturn or at least weaken other bans in other cities and states.

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I'm the only guy in the world who has to wake up to have a nightmare.

Hey Jbrower thank you for clarifying this up for me!! Now I can make more sense of the acronyms used during discussions found in the forum!!

Marc

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K98, M-48, K31,P-14, No.4 mk 1*LB, M96, M38, TT-33, SVT-40, 2 x Tula SKS, Izhevsk M/N "beast"

The first time I 'bought' a purchase permit, I asked. The state does not charge for the permit, HOWEVER the application must be notarized. Thankfully the deputy doing the paperwork, is a notary First one was 5 dollars, second one was 2.

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My Collection: http://s219.photobucket.com/albums/cc41/harmanrk/Firearms/

"Gutter is a tool"

Tired of how people view your states gun laws, hit your government where it hurts, take your tax dollars and leave.

Paying for a permit is up to the issuing police department. When I lived in Trenton it cost me nothing. In Monroe it is $8
Other counties cities are different.
It is, all about the money.
The requirements for a C&R is a clean record, a address and $30.
For the other different classes of FFL it is about the same except more money and a sign off from the local Chief law enforcement officer.

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This is so easy, If my dog had thumbs, He could do it!

U.S.N. Retired 1985-2005

Just be glad you're not in Ferndale. Their gun registration is only available Tuesdays and Wednesdays from 10AM to 11:30AM, and the notary fee is $10.

It's funny, in one of my classes we learned about the case of Ossian Sweet, a doctor who, along with his entire family, was tried for murder in Detroit in 1925. Sweet, his wife, and young daughter had just moved into a house in a nice neighborhood, and his White neighbors didn't like the fact that a Black family was moving onto their street. After a few nights of mobbing outside the home, the neighbors started breaking windows. Someone inside the house opened fire, killing one bystander and injuring another (both White).

Anyway, the Sweets were eventually acquitted in 1926. Guess what passed into law in 1927? It could be a coincidence, of course, but I suspect there might have been something else underpinning the move.