Posted: 3/12/2006 1:43:52 PM EDT
[#14]
According to state law definitions a machine gun is specifically defined in MCL 750.224 1 (a). Cox's opinion 7183 of state law says - you got a form 4 approved that's your license to legally possess a machine gun - kinda end of story.Lumpys M11/9 is a MG it is not an SBR according to the definition below. The AOW you see in the other picture is defined under federal law and does not comply with the definition below as it has been purchased as new vs altered or modified. It was built on a virgin receiver by a FFL C2 SOT. At any rate - I believe all NFA clasifications will soon be answered by Cox in a new opinion, stay tuned. 750.222 Definitions.
(e) “Pistol” means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm.
(i) “Short-barreled shotgun” means a shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.
(k) “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.
750.224
(1) A person shall not manufacture, sell, offer for sale, or possess any of the following:
(a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without manual reloading, by a single function of the trigger.MCL 750.224 b is the SBR/SBS statute and they are not allowed unless the ATF has declared them C&R. They are not even allowed to be made or possessed by C3 or C2 FFL SOT's in Michigan.
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.And then Frank Kelly rears his ugly head again in Attorney Generals Opinion 6280 to confuse everything a bit further.
A firearm containing a stock capable of being contracted or folded to an overall length of 30 inches or less and being fully operable in such contracted or folded condition is a pistol requiring licensure for purchase, carrying or transport, and is subject to safety inspection. A rifle with a barrel of at least 16 inches in length and a stock capable of being contracted or folded to an overall length of less than 26 inches, being fully operable in such contracted or folded condition, is a 'short-barreled rifle' whose sale or possession is prohibited. A shotgun with a barrel of at least 18 inches in length and a stock capable of being contracted or folded to an overall length of less than 26 inches, being fully operable in such contracted or folded condition, is a 'short-barreled shotgun' whose sale or possession is prohibited.
There's more to his opinion at
www.ag.state.mi.us/opinion/datafiles/1980s/op06280.htm
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