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Posted: 4/22/2014 4:02:37 AM EDT
Got an answer from MSP.

First we had the Michigan pistol, now we have the Michigan SBR.


In your e-mail, you ask whether a “a federally defined rifle with an OAL of less than 26" with stock folded or retracted and a barrel length over 26" be considered a Michigan SBR and require registration as a pistol.” For purposes of my response, I assume your question contains a typo and you meant to say a barrel length over 16 inches and not 26 inches. A rifle with a barrel length 16 inches or greater and an overall length of less than 26 inches would qualify as a short-barreled rifle for purposes of MCL 750.224b and would require registration as a pistol in Michigan.

Sincerely,
Lt. Aimee Maike
Legislative and Legal Resources Section
Office of the Director
Michigan State Police

Link Posted: 4/22/2014 7:08:13 AM EDT
[#1]
Then Arsenal SLR104-34 which is 25" long in  folded configuration should be legal, right?


Link Posted: 4/22/2014 7:20:55 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Then Arsenal SLR104-34 which is 25" long in  folded configuration should be legal, right?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Then Arsenal SLR104-34 which is 25" long in  folded configuration should be legal, right?

I'm not familiar with that firearm, but according to this site it's folded OAL is 27.375", but that includes the compensator.

Current MI law regarding SBRs is as follows (MCL 750.224):
Sec. 224b. (1) A person shall not make, manufacture, transfer, or possess a short-barreled shotgun or a short-barreled rifle.

(2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law.

(4) A person, excluding a manufacturer, lawfully making, transferring, or possessing a short-barreled shotgun or short-barreled rifle that is 26 inches or less in length under this section shall comply with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.

(5) A person who possesses a short-barreled shotgun or short-barreled rifle that is greater than 26 inches in length under this section shall possess a copy of the federal registration of that short-barreled shotgun or short-barreled rifle while transporting or using that short-barreled shotgun or short-barreled rifle and shall present that federal registration to a peace officer upon request by that peace officer.

What the law means is that for a firearm that is less than 26" folded, more than 26" unfolded and has a greater than 16" barrel, it is a rifle per federal law, and an SBR per MI law. Since there is no federal registration for such weapon, MI law stipulates that it must be registered in MI's pistol registry and is an SBR under MI law.

Now, since it would be classified as an SBR, I would still follow rifle regulations for carry and transportation even though it is registered in the pistol registry. I wouldn't want to be the guy that fights the court battle to determine if the pistol registry allows you to carry the SBR like a pistol since it doesn't fit the definition of a pistol.
Link Posted: 4/22/2014 7:50:55 AM EDT
[#3]
We really need to oust Snyder and his RINO cronies, and abolish handgun registration in its entirety.

This is retarded.
Link Posted: 4/22/2014 8:05:42 AM EDT
[#4]
When legislature eliminated pistol purchase permits,  the loophole  that would permit concealed carry of 26" rifle registered as a pistol was removed.
Rifles registered prior to this law were grandfathered and can be carried concealed by the CPL holder.

I see nothing in the new law that would permit concealed carry of SBR/SBS registered as pistols.


Link Posted: 4/22/2014 9:03:00 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
When legislature eliminated pistol purchase permits,  the loophole  that would permit concealed carry of 26" rifle registered as a pistol was removed.
Rifles registered prior to this law were grandfathered and can be carried concealed by the CPL holder.

I see nothing in the new law that would permit concealed carry of SBR/SBS registered as pistols.
View Quote

MCL 28.422 and MCL 28.422a define the pistol registry and registration requirements/process. While SBRs do not meet the legal definition of a pistol, they are required to be entered into this pistol registry. Does this now make them a pistol, or does it make the pistol registry a firearms registry?

If the registration makes them a pistol, then by MCL 28.425c is it legal to carry them concealed and in vehicles.

As I said earlier, this a grey area and I wouldn't test it unless you like throwing lots of money at legal battles.
Link Posted: 4/23/2014 4:48:49 AM EDT
[#6]
Straight from the state police.

Yes.  If the short-barreled rifle is registered as a pistol in Michigan (because the firearm has an overall length of less than 26 inches), it is legal to carry the short-barreled rifle concealed with a valid CPL.


Sincerely,
Lt. Aimee Maike
Legislative and Legal Resources Section
Office of the Director
Michigan State Police
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