Legal Update no. 66 (Michigan)

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Michigan has changed the "safety inspection" system.

Starting in less then 180 days Michigan residents will no longer have to bring their pistols in to their local PD for the "safety inspection.

But, Michigan residents will STILL have to get a "Permit to Purchase" before buying or acquiring a pistol *and* will be responsible for sending a copy of the "safety inspection" paperwork to the Michigan State Police.

So, we still have "registration" under the guise of a "Safety Insepction." We've just eliminated the actual "inspection" part. The Michigan State Police will still know who have pistols and we are legally required to inform them when we acquire a pistol.

The only improvement is one less trip to the police department. Not much of an improvement, in my opinion.
 
Michigan has changed the "safety inspection" system.

Starting in less then 180 days Michigan residents will no longer have to bring their pistols in to their local PD for the "safety inspection.

But, Michigan residents will STILL have to get a "Permit to Purchase" before buying or acquiring a pistol *and* will be responsible for sending a copy of the "safety inspection" paperwork to the Michigan State Police.

So, we still have "registration" under the guise of a "Safety Insepction." We've just eliminated the actual "inspection" part. The Michigan State Police will still know who have pistols and we are legally required to inform them when we acquire a pistol.

The only improvement is one less trip to the police department. Not much of an improvement, in my opinion.
 
I'm confused about how this will work now. If I have a CPL, I don't need a purchase permit, but I still need to send in the safety inspection paperwork? Where is the paperwork?
 
On line now.

Hey there:
I recently purchased an other hand gun. I went on line and printed their permit, filled it out and hand delivered it . Maybe they trust us more now. Not sure.
Open carry has been legal here for a long time now. The State police told me that it is legal. But,,,,,, If I walk into Burger King packing, some one will call it in, Th epolice will come and check it out. There will be an ordeal. Not worth it IMO. There are still requirements . if you have a CCW, open carry is not legal. As far as I have been lead to understand. It must be concealed.

As of 7/1/01 you no longer needed a purchace permit if you have a CCW in Mich. (PA 372 of 1927 as amended)
You can call your Sherrifs dept and get the correct web site for your county and do your purchace info on line now.
Hope this helps.
 
if you have a CCW, open carry is not legal. As far as I have been lead to understand. It must be concealed.
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You have been misinformed. There is no requirement that it be concealed. Open carry is legal with or without a CPL. If you open carry in or on a vehicle, it is considered concealed, and you need a CPL to open carry in or on a vehicle.
 
I'm confused about how this will work now. If I have a CPL, I don't need a purchase permit, but I still need to send in the safety inspection paperwork? Where is the paperwork?
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It's the transfer card you use when you buy the pistol, instead of the "green card" purchase permit.
 
This may help

received this in todays e mail n yes we still have registration but...

Michigan Eliminates it's so-called Pistol 'Safety' Inspection
Commentary by Steve Dulan


The way we handle post-purchase paperwork for pistols will be changing. New legislation amending Public Act 372, co-sponsored by 4 members of the MCRGO Board of Directors (Representatives Sheltrown and Casperson and Senators Cropsey and Richardville) among others, was signed into law last week by the Governor. The new rules (paraphrased for clarity) are as follows:

The so-called "safety inspection" is eliminated. The seller of a pistol shall immediately record the sale on a 4-part (quadruplicate) form provided by the Department of State Police, which the purchaser shall sign. One copy is kept by the seller. One copy is kept by purchaser. Two copies are sent to the police department or county sheriff within 10 days. The forms can be hand-delivered or sent by first-class or certified mail (I recommend certified and hang onto your receipts.) Failure to comply with this rule is civil infraction punishable by a fine of $250 maximum. Violations will also be reported to the state police and the county gun board.

The police agency will forward one copy to the state police within 48 hours, and keep the other for at least 6 years. The state police will enter the information into the computer data base within 10 days of receiving it. The purchaser has a right to get a copy of the information that is entered to verify the accuracy of the information. The police or sheriff's department can charge a fee of $1.00 maximum for the copy. The purchaser has to keep his/her copy of the form while carrying or using the pistol for the first 30 days after purchase. After that time, the form need not be carried.

This law takes effect January 7th, 2009. Public Acts No. 194, 195, 196.

I've had the opportunity to hear and read many comments on this law, including during a recent visit to the Multi Lakes Conservation Club, where I was honored to be welcomed as a representative of MCRGO and hear questions and comments. Some of the comments expressed disappointment that we still have pistol registration. While it is true that this legislation, like most legislation, has gone through changes from the original proposed law, it is still a victory for gun owners. Even though we didn't get everything on our wish list, our friends in the legislature have managed to eliminate the ridiculous "safety inspection." Now, we don't have to make that trip down to the police station to hold the gun up to the bullet-proof glass for a clerk to copy down the serial number.

Keep in mind that there are legislators who are not at all supportive of gun rights and would just as soon increase our inconvenience and expense rather than make things better for gun owners. Politics in a representative democracy is the art of the possible. While this new law still requires registration, that has been a fact of life for a couple of generations in Michigan. At least we don't have to make that post-purchase trip to the police station anymore once this new law takes effect.

In fact, for those with a CPL (Concealed Pistol License), no trip to the police/sheriff's department is required. The seller simply records the CPL license information on the form and the new owner signs and submits the forms by mail. This is much more efficient and less time-consuming than the old system.

Those of us who think logically about this issue know that the central fallacy of all gun control law is the idea that criminals will obey gun control laws while ignoring other laws. However, we still have a long way to go in convincing our fellow citizens and arriving at a consensus on this issue. Since being elected to the MCRGO Board of Directors a few years back, I've had numerous discussions with gun owners about this simple truth. The best suggestion I have for all of us is to continue to engage gun control advocates in calm, reasoned debate. The truth is on our side of this argument. But, being correct is not sufficient. We have to sway our fellow citizens.

They key area of agreement on both sides of the gun control debate is the desire for safety. Some of our neighbors are lacking in experience with, and knowledge of guns. Why not invite a few anti-gunners to the range? Let them see how a well-run range is one of the safest places on Earth. Let them see that we gun owners are thoughtful, solid citizens. Give them the opportunity to realize that guns are useful in their lives for self-defense and recreation. If we want to further improve the legal and public policy system regarding guns, we need to win more hearts and minds so that our allies in the legislature can continue to push the law more into line with common sense.

In short, instead of complaining that the glass is still half empty, let's congratulate our legislators for successfully pouring a little more water into it even as some of their colleagues were attempting to jostle their collective elbow.
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Wildfire said:
Hey there:
I recently purchased an other hand gun. I went on line and printed their permit, filled it out and hand delivered it . Maybe they trust us more now. Not sure……...
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Just to be clear the form mentioned is RI-60, which is a pistol sales record. It is nothing new and has been in use for a long time. It is not a purchase permit. It is simply a required form that documents pistol transfers. I cannot remember off hand, but I thought the new law requires this or some analogous form to be filled out in quadruplicate. Therefore, I expect this form will be revised or replaced on or before the effective date of the relevant new law(s).
 
So in fact it is not a safety inspection anymore, but a clear and straight up registration. Super. This change does absolutely nothing for our cause of eliminating the registration system.

The purchaser has to keep his/her copy of the form while carrying or using the pistol for the first 30 days after purchase. After that time, the form need not be carried.
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This part serves no purpose and is idiotic at best.
 
So in fact it is not a safety inspection anymore, but a clear and straight up registration. Super. This change does absolutely nothing for our cause of eliminating the registration system.
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Exactly. Now you know why so many RKBA activists in Michigan are unhappy with this change and feel like we've been "sold out."

We would have been better off if the people who were trying to get the safety inspection eliminated would have realized that this compromise was actually a bad idea and would have scuttled the whole thing this time around instead.

As for the new "Must carry the green card for 30 days" rule, that especially make me unhappy. This is the first time having to carry the green card is actually codified in state law. The stated point is so you can "prove" you own the pistol for those first 30 days in case the info isn't in the computer system yet.

Personally, I think it's just going to give LEO's an excuse to hassle people.
 
This legislation is a great example of why many of these “compromises” are just plain bad strategy.

Until now, the process wasn’t all that bad (at least compared to what we will shortly have, and if the PD‘s didn’t break the law). We’ve had to go down to the PD and get this “safety inspection” done, and while it’s an inconvenience, it’s also simple, direct, and puts little, if any other burden upon the gun owner. Once you had your handgun inspected, you were good to go. It didn’t even cost you any money out of pocket. The only real problems were the police departments who violated the law, and made up their own requirements and restrictions, thereby putting such burdens on gun owners.

“Registration” is a bad word/act/idea for gun owners. Period. For years, Michigan had a pistol safety inspection (yeah, I know. It’s effectively a registration. Just bear with me.) and registration was considered bad (and is). Not only is it unconstitutional (irregardless of any ruling), but it is also a prelude to confiscation, and an invasion of privacy. That is why (fortunately up until now), we didn’t have “registration” in Michigan. Sure, they knew it was effectively a registration, but at least they also knew that such a concept was unacceptable. Now, they have become so emboldened that they don’t even try to disguise their intentions, and openly call it registration.And, they figured that since we’ve been so cooperative, they might as well throw a few other burdens on us.

No longer can we just go down and get it taken care of (It can be done on a lunch hour if the PD is NOT VIOLATING the law), sans fees. We now have to pay to send it in, and you should pay extra for certified mail (and keep that receipt forever) because we all know that things get lost in the mail. Great, now instead of going to the PD, we instead go to the post office. And, wouldn’t it be a shame if the person who signed for it at the PD, “took a job in another state, and we have no record of your registration here”. Remember, some of these departments are even now STILL in violation of the law, and as such deserve absolutely no trust in matters that could get you in legal entanglements. Also, I’ve sent a lot of stuff through the mail, and it’s not the most secure method of transferring something so simple as a piece of paper, especially when you can be fined for not doing so. Try getting the USPS to locate a package that is insured with signature confirmation (and you trust them to pay more for certification?). So, now we have even more changing of hands due to mail-in instead of walk in. (remember folks, it’s some of the police departments who have been making this an onerous process due to their clear violation of the law, and the legislature is punishing us!). If that’s not enough, they actually get Michigan’s largest gun rights group, along with the country’s largest gun rights group to not only go along with such affronts, but to also call them a victory.

This whole thing was mucked up because some PD’s decided to violate state law, and impose their own regulations and restrictions upon the process.

So, did our “ben/malevolent” leaders think it a good idea to pass legislation which would force the violators of the law into compliance? No, of course not. It’s much easier to put further burdens upon the very citizens who are following the law, and who have the audacity to cry “FOUL!” when the very people who have been sworn to uphold such laws are themselves trampling them.

Not only do they now impose an outright registration, they also make you pay the costs via shipping and the added security of certification. And, since they’ve now place a “middle man” (USPS) into the equation, we now have to just take it on faith that the PD will not only actually receive, but actually follow the law (Some of them actually do follow the law in these matters), and do their duty to properly complete the registration. Furthermore, if that isn’t enough, you now have to carry that registration card (effectively similar to the title to your car) around with you for thirty days, or be subject to prosecution for not carrying a piece of paper!


That’s a long read, so I’ll sum things up for the short version. This is what we had IF THE PD WAS NOT VIOLATING THE LAW.

PREVIOUSLY:
Good:
  • The process was streamlined and simple. Two trips to the PD that could be done over a lunch hour.
  • After that, you put your safety inspection card in the safe nice and cozy. No requirement to carry it with you.
  • No out of pocket expense, the process was free, (okay, maybe gas money).
  • No middle man, making the process more direct, simple, and less prone to error.
  • IT ISN’T REGISTRATION!

Bad:
  • It took two trips (you could add that you had to take the pistol down there, but you were going anyway. Although, it could cause problems with storing it while at work if your doing it on your lunch hour, etc…).
  • It’s an invasion of privacy.

NOW:
Good:
  • One trip to the PD. Edited to add: This can be huge if one's personal logistics make such a trip prohibitive.

Bad:
  • Pay for certified mail.
  • Hope the PD gets the paperwork.
  • Hope the PD acts in good faith (which some have already demonstrated they don’t have) by processing the paperwork
  • Must carry the card with you for 30 days.
  • Still an invasion of privacy
  • Still have to make a second trip, but this time to the post office (it pretty much negates the only positive about this new law).

Did I omit anything

Seems to me, they put more burdens upon the gun owner, and then got a couple major gun rights groups (state and national level) to call it a victory. This is bad law, and sadly, a black stain on NRA and MCRGO.
 
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As I understand it, you are still totally free to hand-carry your registration papers to the PD instead of mailing them.

I also don't find the USPS losing much, though I agree 110% with your caution to keep a certified mail receipt for something like this.

Otherwise I do agree with all your points, and I had posted pretty similarly two weeks ago when the change was first announced (different thread).
 
...

I also don't find the USPS losing much, though I agree 110% with your caution to keep a certified mail receipt for something like this.

...
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I'll admit I don't know completely the particulars of the law, but really, what happens if it never shows up at the PD, or if they have no record of it? I know some people will have no problem with it, but I'd personally prefer the direct approach.
 
For me, because of where I live vs. where I work, I've always had to take a whopping one to one and a half hours out of my day, between 8:30am and 4pm, to get the registration done. It's been a big drawback to handgun purchases. I'll be using the mail-in system, with a certified return receipt.
 
For me, because of where I live vs. where I work, I've always had to take a whopping one to one and a half hours out of my day, between 8:30am and 4pm, to get the registration done. It's been a big drawback to handgun purchases. I'll be using the mail-in system, with a certified return receipt.
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This could well explain why I see little benefit in the new law. I had actually considered it though.
 
The only thing this legislation accomplishes is relieving the burden on the authorities that must take time from their precious schedules to accommodate us lowly gun owners. Now that we no longer are forced to bring a weapon INTO a police station for a "safety inspection" the policia are now suddenly much "safer" from us for a variety of reasons.

It's a benefit to the government and a kick in the sack to the citizen.

Eliminate the whole danged system altogether and be done with it... :banghead:
 
Eliminate the whole danged system altogether and be done with it
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Your talking to the wrong people, try the Legislature.

However looking at these Heller Threads SCOTUS seems to allow registration as reasonable, we will need another court case though to confirm that.
 
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So how does one move into Michigan with a handgun? (academic question)

It appears that a non-resident is an instant felon just crossing the state line with a handgun.
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In the past, I think (not sure) they had something like 30 days after moving here to get it done. Not sure what he new bill does. good question though.
 
The law allows for people to move into MI and register their handguns. I don't know if there's a specified time limit, but I'd just get it done ASAP to be done with it.
 
The law allows for people to move into MI and register their handguns. I don't know if there's a specified time limit, but I'd just get it done ASAP to be done with it.
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Let's suppose you get pulled over 10 miles inside the state line for a broken tail light. Somehow it becomes known to the officer that you have a handgun in the car. So is it an affirmative defense that you were "in the process of moving to the state" ?

What I'm getting at is that the law makes no sense, but then why should that surprise me :(
 
Yes, if you are moving into the state to establish permanent residency as a MI resident, it is legal and is an affirmative defense.
 
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