question on michigan law

[Ukraine Train]

I'm an Ohio resident but go to school in MI. I just got my OH CCW, would I be able to purchase a handgun in MI since you don't need a purchase permit if you're a CCW holder? I bought a gun online and really don't want to drive to Toledo to get it.


MCL 28.422 A License to Purchase is a license required prior to acquisition by purchase or gift. The important part of the License to Purchase is the affidavit signed by the purchaser swearing to their own qualifications. A License to Purchase is not needed for anyone with a valid Concealed Pistol License issued after July 1, 2001, for firearms dealers purchasing from wholesalers, or for relics, curios, antiques, etc., not made for modern ammunition but kept solely as a curio or relic.

It doesn't say that it has to be a MI CCW. I still might have trouble finding a shop that will do a transfer for me, though.

 

[38snapcaps]

I would recommend you check with two places- the Michigan State Police web site and the Michigan gun owners coalition (Michigan Coalition for Responsible Gun Owners).

The answer to your question could involve whether we have reciprocity with Ohio CCW, since your state just became "Constitutional" perhaps checking with our Attorney General's office may be of help too. At MCRGO you will find a Mr. Bambery, attorney, who specializes in gun issues. E-mail him, I am sure he would love to be of assistance.

 

[Henry Bowman]

No. If you are an OH resident, federal law prohibits you from purchasing a handgun in Michigan (unless they do a transfer and you take delivery from an OH FFL). You can buy a long gun in any of the states adjoining OH.

 

[Michigander]

I would assume the Concealed Pistol License to which the Public Act refers is a Michigan Concealed Pistol License.

If it weren't, along with many other laws that reference other laws, they would all have to be cross-referenced and/or defined by the other 49 States. Not likely, not practical, and probably not possible.

Perhaps the reciprocity laws might address this issue, but I doubt it. I tried searching for "reciprocity" at the Michigan Legislature web page, but came up with little concerning firearms and nothing concerning pistols.

Maybe someone else knows the PA for reciprocity? Or maybe it is only a "policy" decision with the Secretary of State or other agency?

It's a shame we have to even consider, discuss or waste brain cells on this malarky!

 

[Trebor]

Short answer: If you are an Ohio resident, you'll have to buy the handgun in Ohio. This falls under Federal Law, not State Law. Check the ATF FAQ at www.atf.gov for more info.

 

[M1911Owner]

Dumb question: If you are going to school in Michigan, are you not a resident of Michigan during the time you are residing in Michigan?

 

[ExtremeDooty]

Have you tried WWW.packing.org yet. They have a lot of good state to state info.

 

[Ukraine Train]

Dumb question: If you are going to school in Michigan, are you not a resident of Michigan during the time you are residing in Michigan?

No, it's just a temporary residence. Funny thing is I spend less than a month per year at my parents' house, which is still my permanent residence. I'd have to get a MI driver's license which would probably drop me from my parents' insurance since I wouldn't be residing with them any more. More hassle than it's worth.

I ended up finding an FFL near Toledo and will stop by on my way to WV next Friday so it should work out OK.

 

[alcmaeon]

Re Residency

My understanding of a residency is, if you are in a particular place and you seek to make that place your home, i.e. own a home, or you pay rent, pay utilities, etc and have resided for a number days (depends on state) than by Fed standards you are a resident. I know people in Michigan (I grew up there, ran away from the snow) who did the snowbird thing, and lived in Florida all winter. While in Florida they were residents, albeit part time residents. They would/could buy firearms etc. Than they would come back to Michigan for the summer and become residents there. and also buy what they needed. I was told at one point the only thing to watch was, if you flew back for a w/e in the other state for a visit that you were not a resident of the state you were visiting, and therefore could not buy.

If a snowbirder can do it, than you should be able to as well. Now, I have to state, that this info is 10 years old and now either Michigan or Ohio might have a specific law on the books preventing part time residents from purchasing firearms. However, from a Fed perspective you should be good to go. Go get a Michigan ID, which will prove you have an address in Michigan. IS it against the law to have a driver's license from more than one state? If not, get a Michigan driver's license too. Hell, if you become a Michigan resident you might be able to pay in-state tuition and save more cash for guns!

 

[Barbara]

Most snowbirds have the Florida residency to avoid paying Michigan income taxes.

Also, his CCW from Ohio is valid in Michigan, but a Michigan CCW isn't valid in Ohio. Bummer how that works out, as I live in Michigan but spend a lot of time in Ohio.