Sound suppressor (silencer) in Michigan...

[silent_killer]

Does anyone know the law(s) of owning a gun equipped with a sound suppressor in Michigan? If there are laws, or they are prohibited, are there licenses or permits you can acquire to own a suppressor?

Thanks in advance!

 

[JLelli]

I believe they are illegal, unless you are an SOT.

 

[GigaBuist]

Short answer: They're legal.

Long answer:

By Michigan law you need a license to own a machine gun or a silencer. However there's no process in this state to obtain that license. Back in '75 (or maybe it was '77) then AG Jim Kelly issued an opinion that the Federal C&R FFL was considered a valid license to own a machine gun, but only if it was purchased with that C&R FFL.

Fast forward to around Dec 2005 current AG Mike Cox issues an opinion that the tax tamp forms required for NFA compliance meet the definition of a license and sends off a letter to the ATF along the lines of: "And lo, Cox sayeth there will be machine guns in Michigan and it is good, " thus securing my vote for him in the future.

The ATF pipes up when the first apps come through for cans and says, "Whoa there, Cox only said machine guns." At that point I sorta quit following the issue but it was in Cox's hands at that point to send a second letter to the ATF explaining that supressors and machine guns are now BOTH legal in MI.

I'd imagine that he's done it by now but I've never seen confirmation.

 

[mike40-11]

No, suppressors are not legal in Michigan (not yet, anyway). The new AG opinion did cover non-C&R full auto, but nothing else. Nothing further has been done yet but is supposedly in the pipeline. Hope so, out of all the NFA stuff, I'd prefer the suppressors.

This is as of about a month ago, last time I talked to a Class III dealer.

 

[Trebor]

Short answer: They're legal.

No, they aren't. The ATF is not approving transfers of suppressors. They said the AG opinion doesn't cover suppressors and until and unless he writes a new opinion, they will not approve any supressor transfers. That means there is no legal way for a Michigan private citizen (non-suppressor dealer) to own a suppressor.

I'd imagine that he's done it by now but I've never seen confirmation.

Nope. It's been almost two years now, IIRC, and he still hasn't issued a new opinion. There are a bunch of gun owners interested in this and we're all waiting. So far, no idea if or when any opinion will be issued.

So, like the Seinfeld character says, "No suppressors for you."

 

[Gunnerpalace]

Nope. It's been almost two years now, IIRC, and he still hasn't issued a new opinion. There are a bunch of gun owners interested in this and we're all waiting. So far, no idea if or when any opinion will be issued

Well there's an easy answer.............Do Something, call the AG and complain sitting around gripping on ain't helping call, write letters, TV (skip that the media would spin it), anyone tried to make one get denied and argue the case to get an opinion?

I'll get started on this.

 

[silent_killer]

So even with a Class III License, that still doesnt cover into suppressors? I had also seen in the michigan firearm laws book this:

Thus, Michigan law does not permit a person to possess an automatic weapon or a weapon equipped with a silencer unless the person in possession is duly licensed. (pg. 181)

What does Duly licensed mean?

 

[Trebor]

So even with a Class III License,

There really is no such thing as a "Class III license."

Under Federal law you do not need any special license to own a MG or a silencer. You *do* have to pay a federal transfer tax ($200 for a MG) whenever you purchase a MG or a silencer. To pay the tax you fill out an ATF form (Form 4 for a MG, not sure for a silencer). The ATF WILL ONLY approve your transfer if you state law allows you to own the MG or silencer.

Now, there is a federal FFL license that allows you be a dealer in MG's or suppressors. That is for dealers though. If all you want to do is *own* a MG or silencer, that is NOT the appropriate license for you.

In Michigan, you can not currently own a silencer unless you are a federally licensed dealer in silencers. Unless you are planning to go into the business of selling silencers, this is not for you.

The Michigan Attorney General ruled that the process to apply for a transfer for a Machine Gun counts as a "license" under machine law. while logic would seem to indicate this would apply for silencers as well, the ATF has decided they will not approve any silencer applications until the Michigan AG makes another ruling that specifically addresses silencers.

 

[silent_killer]

Thanks Trebor, that explained it quite well.

Well I just voiced my opinion to the good ole' AG. Hope everyone else can do the same! Maybe one day it will pay off.

 

[GigaBuist]

Nope. It's been almost two years now, IIRC, and he still hasn't issued a new opinion.

Well, crap. I feel like an idiot now. I thought for sure he'd issue a 2nd opinion as soon as the ATF spoke up.

Time for me to write!

 

[GigaBuist]

Well, now I feel like an idiot. Sorry about posting the bad info there.

Time to send off a letter to the AG...