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Michigan Rifle Length Laws

According to the Michigan Criminal Code, a pistol is defined as “a loaded or unloaded firearm of 26 inches or less, or a firearm loaded or not disguised by its firearm design and appearance”; [8] Every person who knowingly sells a pistol without complying with MCL 28,422 is guilty of an offence punishable by imprisonment for a term of up to 90 days or a fine of not more than $100.00, or both; Michigan Penal Code pg. 386 § 223(1). A person over the age of 18 can legally purchase a firearm from a private seller, but must first obtain a purchase permit, valid for 30 days. Residents of any state can purchase long guns in Michigan[9] and Michigan residents can purchase long guns in any state. [10] The term “firearm” includes, unless expressly defined in the Act, any weapon intended to expel a projectile by exposure to an explosive or that can be readily tampered with. [5] The Attorney General of Michigan has ruled that the definition of “firearm” includes a Taser. [6] As of August 6, 2012, individuals can purchase and use Tasers under essentially the same laws that apply to pistols in Michigan. [7] The law reads: www.michigan.gov/documents/msp/MSPLegalUpdate106_451985_7.pdf Every person who unlawfully violates this Act is guilty of a crime, liable to a fine of not more than $2,500.00 and/or imprisonment for a term not exceeding 5 years. MCL 750.224b(2). However, it is a complete defence if the short-barreled shotgun or short-barreled shotgun is legally manufactured, manufactured, transferred, or possessed under federal law. MCL 750.224b(3).

Subsection 750.224b(4) of the FCL was added to require a person, other than a manufacturer, to lawfully manufacture, transmit or possess an SBS or SBR 26 inches or less in length that meets the registration requirements of MCL 28.422 or 28.422a. An SBS or SBR that is 26 inches or less long is considered a pistol under Michigan law and is subject to all Michigan laws that apply to pistols. Public Law 63 of 2014 amended MCL 750.224b with immediate effect. MCL 750.224b prohibits a person from making, producing, transmitting or possessing a short-barreled shotgun (SBS) or short-barreled rifle (SBR). The National Firearms Act requires that all firearms applicable in the United States that are not under government control be registered in the National Firearms Registrations and Transfer Record. 26 U.S.C. §5841(a). “Firearms” that can be registered include short-barrelled shotguns and short-barrelled shotguns. 26 U.S.C. §5845(a). Each registered firearm must include the serial number of the rubber identification, the date of registration, and the identification and address of the person authorized to possess the firearm.

Each manufacturer, importer and manufacturer must register each firearm manufactured, imported or manufactured AND register it with the new owner after the firearm is transferred. 26 U.S.C. §5845(b). Anyone who possesses a firearm registered under the National Firearms Act must keep proof of registration, which is made available to an enforcement officer upon request. 26 U.S.C. §5845(E). It is illegal for anyone to “obtain or possess a firearm that is not registered in the National Firearms Registration and Transfer Registry.” 26 U.S.C. §5861(D). A charge of illegal possession of a short-barreled shotgun or short-barreled rifle is serious.

A conviction for a crime can affect your social, housing and employment opportunities for years to come. In addition, a conviction for a crime can lead to the perpetrator possessing a firearm for years. In the face of these serious allegations, you need a qualified defense lawyer in your corner who fights hard to protect your rights.