Michigan: Husbands, wifes and "safety inspection" of pistols.

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GigaBuist

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I've never looked into this topic, and I've never seen it brushed against on THR though perhaps it's somewhere in the archives. I apologise if it is, I never could get good search results out of it.

Here's the question:

In Michigan we have this registration, errr "safety inspection", deal on our pistols which confirms ownership of it. Getting caught with a pistol in your posession that you haven't had "safety inspected" under your name is bad ju-ju as far as I know. It could probably be contested, but here's the question:

Is this a whacky area where husband and wifes do NOT share ownership at all? What I mean, is can a husband and wife own 3-4 pistols registered in their names and swap back and forth? I'm thinking specifically for CCW purposes. If the husband's name is on all the safety inspections and the wife has a CCW is she even allowed to carry them?

I've never heard you could, so I would presume the answer is simply no. Not being married msyelf I've never delved into the issue and I'm hoping some MI resident THR members who are married and have pistol-packing wives could clear this up for me.
 
Ex-Michigan resident here. As they say, I'm not a lawyer and don't pretend to be one, but here's what I believe.

It is recommended that a MI resident with CCW carry the "safety inspection" card with him/her at all times in possession of the handgun. MI law says that you cannot lend the gun to anyone without them obtaining the safety inspection card (that's the green one you get). So... unless you have joint ownership on the card, husband and wife cannot swap the gun back and forth.

Knowing the way the MSP mind works, I will be VERY surprised if they would let you put two names on the same registra... uh... safety inspection certificate.
 
According to what i was jsut told in a ccw class you do not share the ownership of the pistol.. If its in your name its yours only you wife cant carry it nor transport it.

THey told us if your wife carrys you gun for CCW and its in your name she will go to jail and they will come after you.

This is what the police told us as a Lady in the class was inquiring for the same thing if she could carry her husbands 9mm
 
That all seemingly appears to be unnecessary obstruction of rights ... all the better I guess to disuade some from even bothering to carry... sad.

I count my blessings here . I have the CCW ... end of story. If I can conceal a BFR then so be it .. and my wife could do same (once I get her to get her own CCW!!!).

If you have been licenced to carry then anything should go .... :(
 
Well since they try to disuade carrying here even still try there main excuse for all the rules run around etc etc is becuse of the low lifes in detroit
 
So what you're saying is that the state of Michigan REQUIRES that you buy multiple handguns in order for each legally eligible person in a household to lawfully be in possession of one? Wow. It must get expensive if you have two (or more) shooters in a home and you have to get multiple copies of each style of gun you wish to own just so each person can have one in their name.

But what are you gonna do? Can't argue with the government!

...and I thought those states which require 1 gun a month would get expensive!

:p
 
basically if they plan to carry it CCw or go to range by there self yes The will have to own there own pistol
 
Actually, the opposite is true. A CPL holder can "borrow" a handgun, but there's been no changes in the law to allow anyone else to. One of the things we'd like to see is joint ownership of firearms for that reason.
 
No you dont have to carry it but they will tell you if you CCW lic doesnt show up in there computer there will be delays with letting you go if you have the green card it proves its yours. These problems do happan my friend has had a CCW since we were shall issue and it doesnt show up in the computer system. only reason they let us go 2 weeks ago was he had green card. he was stopped for speeding . nothing to do with gun
 
I read that the MI AG, Mike Cox (R), ruled that family members can transport a handgun owned by someone else in the family, if said gun is encased, unloaded (I think) and the ammo is not with the gun.

That isn't shared ownership, but at least my wife isn't liable to be arrested if I have to leave my carry gun in the car while I go into the hosptal or courthouse. (Two places I avoid going if possible.)

I think I saw this on the MCRGO website.
 
Ill look for the info they told us now as of 1 month ago that family ember couldt transports it be nice if they could though
 
A CPL holder can "borrow" a handgun
Click to expand...
Barbara

Is this something new or is it just buried in the law somewhere? It is contrary to what I have read and what I was told in my CCW class as well as by local law enforcement agency. It would certainly be good news for me once my wife gets her CPL.
 
It was part of the changes in PA719, from last July. It add lend to the language. However, you get into some sticky stuff with safety inspection/registration..its a misdemeanor to have an un-inspected firearm.

http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10953--,00.html

MCL 28.429 Although the word "loan" was taken out of the definition of seller and purchaser, the safety inspection section of the statutes did not change. That law requires that anyone that owns or comes into possession of a pistol must present it to his or her local police agency for safety inspection. Failure to have the pistol safety inspected is a misdemeanor.
Click to expand...
 
the back of my most recent green card says:

"State law prohibits the furnishing , loaning , giving or selling of this pistol to another unless that person (including gun dealers) first obtains a license to purchase a pistol.
Violation of this law is a criminal offense."


Mich CPL holders do not require the purchase permit

How is this interprited?
 
I interpret as - regardless of ownership, if you don't have a green card for it you can't (legally) be in possesion of it. I've yet to see anything that allows for possesion of a handgun not "inspected/registered" in your name. Having a CPL eliminates the need for the purchase permit but not the requirement for inspection/registration. So what it says on the back of the green card covers the person giving/loaning/selling the handgun, but means nothing to the person receiving it.

Just my opinion.
 
No, I think you're right. Before I say anything else, I'm going to ask for a legal opinion.

The revised CPL license did add lend to the language, but thats the first time I've seen the MSP interpretation.

I'll let you know what I find out.
 
To bad they cant put thsi stuff in plain english.. I got a fat book of laws to read today when i went dont for the permit.
 
Um, not to hijack the thread, but are any of you planning to come to the CPL forum/meeting in Lansing 2/20?
 
Did I mention Oleg was coming here to visit and will be speaking there?

Plus there will an attorney or two to answer all the CPL questions.

:)
 
I'm not a lawyer and this is not legal advice, but here is what I tell my students.

If you plan on carrying a particular gun as your primary carry gun, get it put in YOUR name. That means if your wife is going to regularly carry one of your guns, transfer it to your wife and have her get a green card in HER name.

If you have a CPL, you don't need to get a purchase permit before receiving a pistol. Instead, you use the three part RI-60 form that is available for download at the MSP website (your local PD should have hard copies as well for the asking). This saves a trip to the PD.

Let's assume both you and your wife have CPL's. If your wife wants to temporarily borrow one of your guns, either for a range trip or to carry for a short time, fill out a RI-60 to transfer the pistol to her name and have her carry one copy with her in lieu of the green card. (Keep the other two copies for now)

If you decide to permamently transfer the gun to your wife, send one copy of the RI-60 to the State Police, keep one copy yourself (as the seller) and have your wife take the third copy to the local PD to get a "Safety Inspection" and green card. This should be done within 10 days of the date on the RI-60.

If, after a short time (or a particular range trip), she decides NOT to take permament possession of that particular pistol, just shred all three copies of the RI-60. Effectively, what you've done is provide your wife with the paperwork (the RI-60) to show her legal possession of the pistol and the intent to have it "safety inspected" in the mandated time. If she decides not to keep it, by shredding the RI 60 you've voided the transfer before it was consumated and before the local PD or MSP became officially aware of the intent to transfer.
 
Sure thing..I have a flyer in .pdf for anyone who is interested. The format here is bad.

Shooter’s Alliance for Firearms Rights

Will be holding an open CPL Forum Friday, February 20, 2004. 7:00 pm to 11:00 pm.

This gathering will be hosted by The Great Lakes Shooting Sports Association at the Chief Okemos Sportsman’s Club 4667 N Gunnell Rd., Dimondale, Michigan.

Speakers will include: Oleg Volk, 2nd Amendment Photographer and Activist. (Models of all shapes and sizes and firearms needed for shoots.)

Sheriff Rick Jones, of Eaton County, (currently running for a Michigan House Seat.)

Atty. Jim Simmons, presenting the changes in effect with PA719.

Bryan Reynard: Working with the Democratic Party.

Pat Alzady on personal activism to make political change.

For more information contact: SAFR at [email protected] or 517-437-
1273
Crock-Pot Chili Cook-off Cook up a pot and bring it along! Most votes for “Hottest†“Best†and “Best Cornbread†win! Spoons and bowls to be provided. Proceeds to benefit SAFR.

Polar Bear Shoot Hosted by Chief Okemos for GLSSA and SAFR Saturday 2/21: 10:00 am to 2:00 pm. Pin and Trap Shooting For info contact: Rod Collins at [email protected] or 517-323-3850

Sport Show Productions will also be holding a gun show that weekend in the Lansing area. See
http://www.migunshows.com
 
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