Articles Posted in Michigan – Gun Trust Lawyer

On the 11th of February, Michigan became the 38th state to permit the use a suppressor while hunting. The change became effective on the 11th.  The restrictions related to the amount of noise reduction and use with subsonic ammo were removed at the last minutes by amendment.  You can now hunt in Michigan with a suppressor and subsonic ammo.

Suppressors are now legal in 41 states and legal for hunting in 38 of those states.  Below is a map from the American Suppressor Association.

Suppressor's legal to hunt

The best way to own a suppressor is by using a Gun Trust.  A gun trust permits multiple users of users of a suppressor as well as permits changes to the authorized users in the future.  To find out more about how a gun trust may benefit you or your family, request information on this page.

Michigan NFA Class 3 firearms

There are several type of Title II firearms which are sold by Class 3 SOT dealers that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of Title II firearms in addition to the compliance that is required with the National Firearms Act.

In Michigan you can own the following Title II Firearms that are regulated the the National Firearms Act:

Machine Guns
Any Other Weapon (AOW) (only some)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)  (See Below but Legal as of 3/28/14)
Short Barreled Rifles (SBR)  (See Below but Legal as of 3/28/14)

In Michigan you cannot own the following NFA restricted items.

 some AOW’s like Tasers or Stun Guns by private citizens whether or not they are class 3 items or the individual has a CCW permit

The Michigan State Police put together a legal update on SBR and SBS which describes the differences between those over 26 inches and those under 26 inches.
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The Michigan Senate Judiciary Committee on Tuesday unanimously approved legislation that would lift the state’s ban on short-barreled shotguns and rifles.

Senate Bill 610 would align Michigan with more than 40 other states that allow residents to own such guns if they meet federal requirements.

The current Michigan regulations prohibit people from manufacturing, selling, offering for sale or possessing a short-barreled shotgun or rifle. There is an exception allowing ownership of an antique gun unlikely to be used as a weapon. Often if the gun is modified it no longer remains the C&R status of an antique gun.

As more lawyers begin to dabble with Gun Trusts we are seeing many who do not understand firearms and their unique nature which can often involve criminal penalties related to the improper transfer, possession, and use related to firearms or ammunition.

While it is fine to transfer a pair or sox, coins, most personal property to your trust without doing anything other than assigning it, the transfer of restricted items like firearms or ammunition is a different matter. If you can sell a gun to an individual in your state without going through a dealer you should be able to transfer a firearm to your trust without going through dealer. This is the case in most states.

In a few states like California, Colorado, Connecticut, DC, Illinois, Iowa, Maryland, Rhode Island, Massachusetts, Michigan, Nebraska, New Jersey, New York, North Carolina, and Pennsylvania where all personal transfers of some or all firearms must go through a background check, there may be no exception for transferring a firearm to a trust even if it is your own trust. Sure an argument could be made that there is no transfer and as such you should not have to go through a dealer, but why would one take the risk.

Michigan NFA Class 3 firearmsThere are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

Michigan has several laws dealing with the registration, ownership, and possession of firearms that are changing in January 2009.   In Michigan you can own the following items that are regulated the the National Firearms Act:

Today, Attorney General of the State of Michigan, Bill Schuette wrote an opinion on the legality of Silencers in Michigan under MCL 750.224(1)(b) and other state laws in which he states:

The possession, manufacture, or sale of a firearm silencer is permitted in Michigan under MCL 750.224(1)(b) if the person is licensed or approved to possess, manufacture, or sell such a device by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, as required by MCL 750.224(3)(c). Possession, manufacture, or sale of a firearm silencer by an unlicensed or unapproved person is a felony, punishable by up to five years imprisonment under MCL 750.224(2).

If you want to make or purchase a silencer in Michigan you should read the
Michigan Attorney Generals’ Option 7260

Because of the many requests we have found a dealer in MI who will be stocking silencers. If you find others please let us know.

Continue reading for growing list of dealers.
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I received an email from Daren Lott who let me know about a Petition in Michigan to clarify the laws regarding NFA firearms and have the AG address issues that were not addressed in his previous opinion. Follow this link to find out more about the petition or to see the details read the rest of the article.

We do have lawyers in Michigan we are working with to form Michigan Gun Trusts and have not experienced any problems with them.
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AR15sbrsilencer.jpgWith the recent discussions about the potential federal ban on assault weapons being reinstated,  I thought it would be interesting to see which states already have bans on Assault Weapons

California bans “assault weapons”, .50BMG caliber firearms, some .50 caliber ammunition and “unsafe handguns.”

Connecticut  Bans “assault weapons” as well as select fire machine guns.

We have NFA Gun Trust Lawyer®s in several locations in Michigan to help purchase Title II firearms or those restricted under the National Firearms Act.  To purchase these items you need a Class 3 license or permit to take possession of the  SBR, SBS, or Machine Gun.

Note there are some additional restrictions on the possession of the NFA firearms over and above the Federal Restrictions found in the ATF. 

The general process for creating an Michigan NFA Trust is to Contact Us so that we can discuss your desires and merge that with what you need.  Once the trust is drafted and reviewed by a Michigan Gun Trust Lawyer®, the trust can be reviewed.  Generally within 7 days of contacting us or calling us you can be ready to purchase the items.

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