Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 1/24/2017 9:26:34 AM EDT
Is this correct ???

Before the updated law in 2013 a rifle that was between 30 and 26 inches  (stock collapsed) was considered a pistol in MI and had to be registered as one.

The Law was updated to closer reflect the federal wording and removed the 30-26 inch rule.

MCL 750.222

"Short-barreled rifle" means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.

"Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm.



The ATF measures OAL with the stock fully extended and MI measures with the stock fully collapsed, if operable in that condition, based on AG opinion 6280.  Therefor if you put a folding stock adapter on a 16" barreled AR it would measure under 26 inches OAL according to MI law and would be considered a SBR (MI only).  While not made to fire with the stock folded, it will and is considered 'operable'.
Federally it is still a rifle and does not need the NFA tax paid.

Being SBRs are now legal (they were not at the time of the 2013 law revision) owning a folding stock 16" barrel AR is fine as long as you register it as a pistol.  And being it is a pistol it can be kept loaded in a vehicle.


Michigan Legal Update 106

MCL 750.224b(4) was added to require that a person,except a manufacturer, lawfully making, transferring,
or possessing a SBS or a SBR that is 26 inches or
less in length comply with the registration
requirements of MCL 28.422 or 28.422a. A SBS or a
SBR that is 26 inches or less in length is considered a
pistol as defined by Michigan law and is subject to all
Michigan statutes applicable to pistols.
Link Posted: 1/24/2017 1:33:51 PM EDT
[#1]
MCL 750.224b
(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.

(6) A person who violates subsection (5) is responsible for a state civil infraction and may be fined not more than $100.00. A short-barreled shotgun or short-barreled rifle carried in violation of subsection (5) is subject to immediate seizure by a peace officer. If a peace officer seizes a short-barreled shotgun or short-barreled rifle under this subsection, the person has 45 days in which to display the federal registration to an authorized employee of the law enforcement entity that employs the peace officer. If the person displays the federal registration to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the short-barreled shotgun or short-barreled rifle to the person unless the person is prohibited by law from possessing a firearm. If the person does not display the federal registration within the 45-day period, the short-barreled shotgun or short-barreled rifle is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.
View Quote

That law states that an SBR must be "lawfully made, manufactured, transferred, or possessed under federal law". If it is under 26 inches OAL, it must be registered as a pistol in MI. If it is over 26 inches OAL, you must have your NFA tax stamp with you.

That said, a firearm with a 16"+ barrel and a folding stock that makes it over 26 inches OAL when extended is classified as a rifle federally. This will satisfy the "lawfully made, manufactured, transferred, or possessed under federal law". If the OAL collapsed is under 26", then it is subject to Michigan's pistol registration.

IANAL, but my interpretation is the same as yours.
Link Posted: 1/25/2017 9:54:47 AM EDT
[#2]
Found this doing some more research.

https://www.ar15.com/forums/t_8_39/557143_.html&page=1

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 
View Quote
Link Posted: 1/25/2017 2:07:42 PM EDT
[#3]
Less than 26" is the catch. Very few SBR's can make this happen. Folding stock SBR's and SBR's with 10.3" or shorter barrels have a chance. All others will be too long even though they are registered as pistols under Michigan law.
Link Posted: 1/25/2017 5:06:47 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Less than 26" is the catch. Very few SBR's can make this happen. Folding stock SBR's and SBR's with 10.3" or shorter barrels have a chance. All others will be too long even though they are registered as pistols under Michigan law.
View Quote

The statement in red contradicts itself. They cannot be too long (over 26" OAL) and be registered as a pistol. It can be an SBR due to a barrel length less than 16" and be over 26" OAL when fully collapsed and it is not a pistol in MI because it is over 26" OAL fully collapsed.
Link Posted: 1/27/2017 5:00:36 PM EDT
[#5]
Yes, you can even carry a short barreled belt fed M249 machine gun concealed with a valid CPL, as long as it is under 26" in its shortest operable configuration.


Basically if it's under 26", it's a pistol.
Link Posted: 1/28/2017 7:29:13 PM EDT
[#6]
A bit off topic, recently I've been thinking about un-built receivers I bought and registered as pistols prior to the 2013 definition change.

Did they need to be operational at that time to be grandfathered?
Link Posted: 1/30/2017 10:39:52 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
A bit off topic, recently I've been thinking about un-built receivers I bought and registered as pistols prior to the 2013 definition change.

Did they need to be operational at that time to be grandfathered?
View Quote

They had to be registered on an RI-60. If they were registered on an RI-60 back then, they are grandfathered in.
Link Posted: 1/30/2017 10:57:56 AM EDT
[#8]
Kinda what i was inclined to think.  I had the funds for the receivers, but not to finish the rifles at the time.

Been kickin around finishing a couple.  Even considering selling one.  I could use the funds, but i can't ever get another.
Link Posted: 2/1/2017 12:00:43 PM EDT
[#9]
I have an AUG registered as a pistol.

16in. barrel puts it between the 26 to 28in. OAL. Not a rifle not an SBR.

When I ordered it they wanted to sell to me as a rifle, talked them thru that, then took paper work to Sheriffs office they ran it thru then a couple weeks later they called me in with it to verify it met the criteria.

Not a problem they know me there, however I keep a copy of the paperwork in the stock.

Grandfathered as a pistol until I sell it then it reverts to rifle and I will have to see about unregistering it.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top