My shooting buddy passed earlier this spring and I'm working with the executor of his will to get his handguns in the posession of his adult children who have not owned their own handguns to this point and, of course, do not have CPLs.  I've been purchasing pistols using my CPL for more than a decade so I called the Washtemaw sheriff's office to make sure I was proceeding correctly.  They lady on the phone informed me all was the same as I remembered except they now require the signature to be notarized which their records department would be happy to do for $6 / gun.  Is this a new requirement or is this the Washenaw sheriff's new way of exerting their authority?

What needs to be notarized, the purchase permit or statement that the seller has authority to sell a firearm that is not registered to them?  If it is the permit, it sounds like some b.s. to me as it is not in statute.

The state has preemption for firearms laws, meaning no local municipality may enact and enforce stricter firearms laws than the state laws. A notarized signature is not a state law nor is the ability for a municipality to charge for the notary.

That said, I’ve never purchased a pistol without a CPL as obtaining my CPL was the first thing I did when I turned 21. With a CPL, for an estate transfer, the executor and beneficiary would fill out the RI-060 as seller and buyer respectively. In this case, without a CPL, the beneficiary will need to obtain an RI-010 License to Purchase from the local LE department. See MCL 28.422 section 8.

No where in MCL 28.422 does it state a notarized signatue is required on the RI-010. In fact, section 5 lays out a maximum $1 fee for providing a copy of information entered into the registry database. Therefore, without a fee explicitly stated in this statute, there cannot be a fee charged.

Pretty much this.

Newaygo Sheriff notarizes the permit as they fill out the PP. No Charge.

They are telling me the permit.    As I understand the system from the last will with which I assisted the executor is essentially the owner of the firearms at this point.  They may need to see a death certificate and a document stating they are executor of the will but no other requirements.

Now...   How do I "enforce" this?  (I prefer operating as the "gray man" as far as the law is concerned.)

The executor is now the owner of the firearms. When transferring a pistol, they will sign the RI-060 or RI-010 as the seller and retain one copy with the estate’s files for records. The buyer, or heir in this case, will sign as buyer and keep one copy and turn the other copy into the local LE department. There is no notary or fee required, or allowed, on the RI-060 or RI-010.

If they try to tell you otherwise, remind them of state preemption for firearm laws and that what they are doing is illegal. If they argue, tell them to refer to MCL 123.1102 which defines state preemption for firearms. Then tell them to point out exactly where in MCL 28.422 it authorizes them to require a notarized signature and allows them to charge a fee for it. Hint: They won’t be able to find it! When they come up blank, refer back to preemption and ask why they are imposing and illegal fee and notary requirement.

Why does the RI-010 have a section for a notary to fill out if it is not required?

check out #3.

notary

You are free to get it notarized wherever you chose, doesnt have to be done at WCSD ( i do think its crap that they charge for it but either way you are gonna have to get it done).

J-

Ah Ha!!  I see the document date on the posted version of the form is 2013.  The erlier versions of the card I pulled out don't have the notary requirement.  (I pulled cards dated '93 & '99 at random from my collection.)

If the executor can hold onto them for a bit, have them get out-of-state CPLs from...say Arizona, and not have to bother with registration.

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10383.htm

The notary fee is what they quoted you.  It's not a permit notary fee, just a notary fee. Just get the permit and leave.

Tell the people getting the permit to go to their bank, should be a person there who can notarize free of charge.

I just went through this in Washtenaw and can vouch for this.  It was my first pistol permit since moving to MI.  There was a spot for a notarized signature on the back, and I was told to have it notarized with my signature.  I didn't know this wasn't allowed per the above,  so I paid the $6 and did it.

When I returned the executed permit after buying from the seller, the desk took it and didn't provide any kind of proof that I submitted it or receipt.  I would think that pistol registration being compulsory, how do I prove I returned the permit in a timely manner?

Wait, so if I have an out of state CPL (which I do), I can buy from a seller in MI without the pistol purchase permit?

If I (hypothetically) had existing handguns, I could decide I wasn't going to get permits, due to my out of state CPL?

I know I can't legally carry the gun with an out of state permit but a MI driver's license, but this is refreshing to know that had I owned any other pistols, I wouldn't have to register them at all. <---- if my understanding is correct?

The end of the AG's opinion:

"It is my opinion, therefore, that a Michigan resident who holds a concealed pistol license issued by another state is exempt under subsection 12(1)(f), MCL 28.432(1)(f), of the Firearms Act from obtaining a license to purchase, carry, possess, or transport a pistol as required by section 2, MCL 28.422, but is not exempt from obtaining a concealed pistol license under section 5b, MCL 28.425b, of the Act, in order to carry a concealed pistol in Michigan."

Now, getting a private party to agree to a sale without a permit...maybe. And no, you shouldn't have to register any of your pistols.

Michigan has always required pistols to be registered within 30 days of becoming a resident in the state of Michigan. The "safety certificate" portion no longer applies. There was legislation to get rid of registration, but I'm fairly certain it went nowhere.

MSP gets it shut down every time it comes up.

I guess in all the states that don't have registration, guns crimes never get solved.