Help get SBR/SBS legal in Michigan...

[mgregg85]

I just bought a PLR-16 and I'd love to be able to throw a stock on it, unfortunately Michigan law won't let me do that yet. The good news here is that our AG, Bill Schuette, recently penned a new opinion that allows Michigan residents to own suppressors.

All we need to do is get Mr. Schuette to write a new opinion on this, worst thing he can do is say no. The more Michigan residents we have calling and emailing him about this the better.

Here is a link to contact him...
http://www.billschuette.com/contact

email address...
[email protected]
[email protected]

and some addresses for anyone who prefers snail mail...
Capitol Address
Cadillac Place, 10th Floor
3030 West Grand Boulevard, Suite 10-200
Detroit, MI 48202
Phone: 313-456-0240
Fax: 313-456-0241

Department Address
State Office Building, Suite 4C
Grand Rapids, MI 49503
Phone: 616-356-0400
Fax: 616-356-0411

Department Address
G. Mennen Williams Building, 7th Floor
525 West Ottawa St.
Post Office Box 30212
Lansing, MI 48909
Phone: 517-373-1110
Fax: 517-373-3042

Maybe a quick thank you to him for his recent suppressor opinion would be nice too, let him know you appreciate his work and hope that he will help us out with SBR/SBS too.

 

[rjrivero]

Read the current law on SBR/SBS in Michigan. LINK HERE. Unlike Machine Guns or Suppressors, SBR/SBS are EXPRESSLY PROHIBITED for anyone to own in Michigan. (Unless it's an antique/curio/relic.)

An Attorney General opinion will NOT change that.

The Attorney General opinions on Machine guns and suppressors essentially said that the hassle for getting a transfer stamp suffice for the "license" requirement. No such verbage in the law for SBS/SBR.

You need your legislature to write new law for this one!

 

[mgregg85]

Well now I feel like an idiot, thanks for the info.

I am confused here though, just searched the MCL and found this...

750.224 Weapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; "muffler" or "silencer" defined.
Sec. 224.

(1) A person shall not manufacture, sell, offer for sale, or possess any of the following:

(a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without manual reloading, by a single function of the trigger.

(b) A muffler or silencer.

(c) A bomb or bombshell.

(d) A blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, or bludgeon.

(e) A device, weapon, cartridge, container, or contrivance designed to render a person temporarily or permanently disabled by the ejection, release, or emission of a gas or other substance.

(2) A person who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to any of the following:

(a) A self-defense spray or foam device as defined in section 224d.

(b) A person manufacturing firearms, explosives, or munitions of war by virtue of a contract with a department of the government of the United States.

(c) A person licensed by the secretary of the treasury of the United States or the secretary's delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1).

(4) As used in this chapter, "muffler" or "silencer" means 1 or more of the following:

(a) A device for muffling, silencing, or deadening the report of a firearm.

(b) A combination of parts, designed or redesigned, and intended for use in assembling or fabricating a muffler or silencer.

(c) A part, designed or redesigned, and intended only for use in assembling or fabricating a muffler or silencer.

That chunk of legalese looks a lot like the law you linked. Obviously its got the 'above does not apply to blah blah blah...' section but was that recently added or was that always in there? If it was there before then what was preventing civilian ownership that Schuette's opinion changed?

750.224b Short-barreled shotgun or rifle; manufacture, sale, or possession as felony; penalty; exceptions; applicability to collector's item.
Sec. 224b.

(1) A person shall not manufacture, sell, offer for sale, or possess a short-barreled shotgun or a short-barreled rifle.

(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.

(3) This section does not apply to the sale, offering for sale, or possession of a short-barreled rifle or a short-barreled shotgun which the secretary of the treasury of the United States of America, or his or her delegate, under 26 USC, sections 5801 through 5872, or 18 USC, sections 921 through 928, has found to be a curio, relic, antique, museum piece, or collector's item not likely to be used as a weapon, but only if the person selling, offering for sale or possessing the firearm has also fully complied with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.

 

[rjrivero]

The "Does not apply" clause was originally in the language of the law. That's what the AG letter "cleared up." The fact is the Department of the Treasury does not have a License for the Silencers at all. They have a Tax Stamp Transfer process which the AG says is valid approval that satisfies the license requirement.

You'll notice there is NO SUCH LANGUAGE in the SBR/SBS verse. Only that SBR/SBS need to be a curio/relic to be allowed in Michigan.