"Registration" question

G

GilaMonster

New member
One could buy a revolver at a gunshow in Phoenix, as a private sale between two parties. Cash transaction, no paperwork, no phone call to the state Department of Public Safety for a background check, no tax paid or reported. (Or, a dealer could require that the purchaser fill out the paperwork, and do the background check with DPS by phone from the show.)

I mentioned this to a friend in Michigan, and he was astonished. Surprised that one is allowed to buy a handgun this way in Arizona, with no requirement to 'register' it.

He is pretty sure that in Michigan, this is not possible. (He recently bought a wheelgun from a dealer in MI, and went thru the whole paperwork rigamarole).

Is he right? Or, if he found the right seller at a show in Michigan, (or if an acquaintance wanted to sell him a handgun) could he do the same in MI as I could in AZ?
 
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Federal law and state laws are involved

Fed laws for buying from non dealers for handguns, you must both reside in the same state, or you must go through an FFL dealer. Check the ATF website for full details.

Other than that, basically, it is up tio the individual state laws, which vary considerably. Some states don't have any laws about it, other than being 21, and not being a legally prohibited person (felon, etc.). Other states are highly restrictive (like NY, NJ, MA, etc.) while other states are in between.

Check the local laws where you live before you buy/sell. Every state (or nearly so) is different in some details.
 
44 AMP:

Thanks for the reply. I am aware of the Federal laws, and understand that there are a wide range of state laws.

I was hoping that someone with specific knowledge about Michigan's laws regarding buying/selling might reply...

So I did the next best thing: googled "Michigan Gun Laws"

My friend was correct: "(in Michigan) . . . a person shall not purchase, carry, or transport a pistol in this state without
first having obtained a license for the pistol as prescribed in this section."
 
From NRA-ILA website

PURCHASE

No permit is required for the purchase of a rifle or shotgun.
No rifle, shotgun or handgun may be sold to a minor under 18 years of age, a convicted felon, or a person under indictment.
To purchase a handgun from either a dealer or private individual, the buyer must obtain a license to purchase from the chief of police if the buyer lives in a city, or the county sheriff if he lives in an area without an organized police department. The buyer must be 18 years of age, a U.S. citizen, a resident of Michigan, have no felony conviction, have never been adjudged insane (unless later restored by court order), and score 70% on a basic pistol safety review questionnaire.

The license to purchase must be filled out in triplicate at the time of purchase. The license shall include a description of the handgun sold and the signatures of both the buyer and seller. The seller may retain one copy and the buyer retains the other two. After purchase and delivery of the handgun is completed, the buyer must return the license to purchase along with the purchased handgun, unloaded and encased or trigger locked, to the local licensing (law enforcement) authority within 10 days.
The buyer (licensee) will then be issued a safety inspection certificate (registration) for the handgun. One copy of the license will be held by the local authority for six years and the remaining copy shall be forwarded to the Commissioner of State Police. The license, once issued, becomes void if not used within 10 days. A valid Michigan CCW holder is exempt from license to purchase requirement, however is still subject to the registration requirements and a criminal background (NICS) check.
 
Thanks!

HKuser:

thanks for the reply. I just spent an hour reviewing the differences in state laws. Sure glad I live in Arizona!
 
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