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Posted: 9/15/2003 10:21:09 AM EDT
Does anyone know if these are possible to posses in MI? I thought you would need a form 4 signed off but upon further reading I got confused and kind of gave up. Does anyone know for sure just what is and isn't legally available in MI? I guess I don't know if my local CLEO would sign the form for me but moreover can he do it at all within the State guidelines?
Link Posted: 9/15/2003 8:38:51 PM EDT
My understanding:

If the SBR is on the ATF list of Curios and Relics, it can be legally owned by a Michigan resident, just like full auto. You'll still need to go through the full process for NFA purchases.

-Dan
Link Posted: 9/17/2003 5:42:08 PM EDT
Here is the relevant state law section:

750.224b Short-barreled shotgun or rifle; manufacture, sale, or possession as felony; penalty; exceptions; applicability of § 776.20.

Sec. 224b.

(1) A person shall not manufacture, sell, offer for sale, or possess a short-barreled shotgun or a short-barreled rifle.

(2) A person who violates this section 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) The provisions of this section shall not apply to the sale, offering for sale or possession of a short-barreled rifle or a short-barreled shotgun which the secretary of the treasury of the United States of America, or his delegate, pursuant to U.S.C. title 26, section 5801 through 5872, or U.S.C. title 18, sections 921 through 928, has found to be a curio, relic, antique, museum piece or collector's item not likely to be used as a weapon, but only if the person selling, offering for sale or possessing the firearm has also fully complied with the provisions of sections 2 and 9 of Act No. 372 of the Public Acts of 1927, as amended, being sections 28.422 and 28.429 of the Michigan Compiled Laws.

The provisions of section 20 of chapter 16 of Act No. 175 of the Public Acts of 1927, as added by Act No. 299 of the Public Acts of 1968, being section 776.20 of the Michigan Compiled Laws, are applicable to this subsection.

History: Add. 1978, Act 564, Imd. Eff. Dec. 29, 1978 .

Note that section 28.422 deals with the "licensing" of a pistol and 28.429 deals with the safety inspection requirement.

And MCL 776.20 makes it your problem to prove you jumped through the hoops. It states:

Sec. 20.

In any prosecution for the violation of any acts of the state relative to use, licensing and possession of pistols or firearms, the burden of establishing any exception, excuse, proviso or exemption contained in any such act shall be upon the defendant but this does not shift the burden of proof for the violation.

History: Add. 1968, Act 299, Eff. Nov. 15, 1968 .

So I gather from all this that to legally posess a SBR the SBR must be a C&R, you do not need to be a C&R licensee,and the SBR must be registered as a pistol and presented for a safety inspection as a pistol. Your green card is your get out of jail free card in terms of your legal burden. This is what is required under state law.

Under federal law, it appears that as long as the SBR is on the C&R list, then no Form 4 or 5 is necessary. If you have to go the Form 4 route, then its not a C&R SBR you are dealing with, its a regular SBR which a you can't possess in Michigan.

SBR's are different than C&R Machine Guns in Michigan which must be trasfered on a form 4 and you must be a C&R licensee to possess.

Anyone else what to take a shot at all this, be my guest.
Link Posted: 9/18/2003 8:55:21 AM EDT
I don't think you can go the pistol route for a SBR. Once it is a rifle it is always a rifle. When I read the law (I'm no lawyer) I thought that SBRs and the like were against the law unless properly licensed, i.e. form 4 transfer, however in MI is no provision for use or acceptance of that form. All in all it seems contradictory. I still don't think a CLEO would sign off on it especially given the seeming non existance of the form 4 holders. It really isnt that big of a deal to me. I considered buying a SW5 but don't really like the look of the 16" barrel sticking out of it. I would have gotten one and had it cut down if possible. In any event that pile of money is now an M4gery (less upper still on order) so I'm not thinking in that direction currently.
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