Buying BP in MI?

Huntzalittle

New member
Was wondering if anyone has bought a Black Powder Pistol in Michigan lately that can tell me what kind of paperwork was involved? I'm thinking I might purchase an 1858 New Army .44 cal, but don't want a big surprize when I get to the gun counter. (it would be the first time I purchased a BP pistol)
Thanks! :)
 

mykeal

New member
I regularly buy bp pistols in Michigan. Bought one just a couple of weeks ago.

Michigan's handgun registration requirements regarding percussion, or even flintlock, handguns are just slightly offset from bizzare. Essentially, the law says you do not have to register antiques (curios and relics) or replicas of antiques. HOWEVER, the state interprets the law in a bizzare way: if you actually load and shoot the gun, then it is not really an antique (curio and/or relic) they say, so it must be registered. In practice, if you possess the materials for shooting the gun (powder, caps and balls), then they will assume you are going to shoot it and it must then be registered.

Ok, so then, in order to purchase it you SHOULD (not must) obtain a purchase permit from your local authority and have the seller fill it out, then take it along with the gun to your local authority (county sheriff, usually) for the mandatory "safety inspection" within 10 days of the purchase. If you possess a Michigan CPL/CCW license you do not need the purchase permit, but you do need a Pistol Sales Record form filled out at the time of purchase (form has the gun details, your name, address and CCW license number and seller's name). The seller then gives you a copy, keeps a copy and sends a copy to the state. You take that form and the gun to the authority for the "safety inspection".

I said 'should' because, unlike a modern handgun the seller may legally sell you the gun without filling out any of the forms. He can simply assume you intend it as a true curio/relic and are going to hang it on the wall. And you can forgo all the paperwork by just not taking it for the inspection. But don't get caught with it in any situation that might cause the officer to check for registration if you have the means to shoot it. I've heard of fines in the neighborhood of $1500. Per gun.
 
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Bezoar

Moderator
In the last two years the state police website has dropped all mention of black powder hand guns in the section of purchase permits and registration of handguns.

The last time i talked to my half wit gun dealer he said the local boys in the bp club always get a purchase permit and then register their bp handguns.

The last time i contacted the state police they said that only handguns firing cartridges require permits and registrations. At that time, roughly two years ago, the fine for the civil infraction of failure to register a handgun was only 50 dollars.


However you must ask yourself something vital. Are you going to convert the gun to use metalic cartridges? The ATF requires any bp handgun that is to be altered to fire modern cartridges must be registered as a normal handgun ONLY if you wish to sell it to someone after the conversion took place.

THe conversion they are talking about is if you get a converstion kit that requires you to cut a loading groove in the recoil shield of the revolver. The groove and/or loading gate addition equate to a permament alteration to a modern handgun. Now if you DO NOT make any alterarations to the gun, then it is still legally a BP gun.
 
Y'all have to register your pistols in MI?

Purchase Permit?

I thought that MI was pretty loose with their gun laws, I guess I was wrong. That sounds almost as bad as Illinois
 

mykeal

New member
Quote by oldbillthundercheif:
I thought that MI was pretty loose with their gun laws, I guess I was wrong. That sounds almost as bad as Illinois

There is no way MI is as bad as IL with regard to handguns. It is true that there is a registration requirement, but it is really nothing more than a paperwork exercise - get the form, fill it out, spend 10 minutes getting the "safety inspection" and go home. Getting the form is simple - just ask for it. No application process, no background checks, none of that stuff. There is a thing about answering 70% of the questions on basic firearms knowlege correctly, but I don't know anyone who's ever had to actually do that. They do all the other checks when you return with the gun for the "safety inspection", and it's never taken me more than 10 minutes if I go when they're not transferring prisoners to court or some other busy time.

I used to live in IL, and gave up trying to get through that maze. Michigan is MUCH easier. Registration here is a political issue, to be sure, but as a process it's just not that big a deal. Some people complain about "having to drive to the authority, and drive home, and spend their valuable time, etc. etc.", and I'm sure that to some it's an inconvenience. But that's all it is at worst.

Quote by Bezoar:
The last time i contacted the state police they said that only handguns firing cartridges require permits and registrations. At that time, roughly two years ago, the fine for the civil infraction of failure to register a handgun was only 50 dollars.

This is really the whole crux of the matter - you get different opinions from different people because the written law here is being "interpreted" differently. In my area both the State Police and the local Sheriff adhere to the "if you have the means to shoot it, you must register it" interpretation, and the local prosecutor will support that if they feel you are a miscreant.

Quote by Bezoar:
In the last two years the state police website has dropped all mention of black powder hand guns in the section of purchase permits and registration of handguns.

You are correct. The source of this "if you have the means" position can be found in the "Firearms Identification Guide" under Black Powder pistols on page 23: "If an individual purchases a black powder pistol with the intention of firing it, a license to purchase must be completed and it must be registered." This "Guide" is by no means law; it's purpose is to guide the various agencies in filling out the registration forms, but it's widely used as a guide to interpreting the law. There may be support for that position elsewhere in the Michigan statutes, and I'm not qualified to say whether there is or isn't. All I really know is that those who have challenged that position and gone before the courts have not succeeded, either because there is legal authority or they ran out of money to pursue it. Either way, it's not a position I intend to defy, especially since the cost of compliance is a little inconvenience (yeah, I hear you - registration is costing us our freedoms, and you're right, but I don't wish to take up that argument here).

As for the $50 fine - sentences vary widely here, as you well know. The $1500 may have included penalties for violating hunting laws as well, I don't know.
 
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Huntzalittle

New member
Subgunner

""Thank God, I live in another state. And just buy or mail order bp pistols.""

I was hoping for something a little easier, but MI seems to need a little more paperwork than other states. LOL.
I guess I"ll just put that purchase off. I think one of those BP pistols would be nice to have, but as a first time buyer, it seems like just too much hassel. And I'm sure the key word there is "seems like..." Probably not that much when you get into it. But still....:D
 

mykeal

New member
I was hoping for something a little easier, but MI seems to need a little more paperwork than other states. LOL.
I guess I"ll just put that purchase off. I think one of those BP pistols would be nice to have, but as a first time buyer, it seems like just too much hassel. And I'm sure the key word there is "seems like..." Probably not that much when you get into it. But still....

That's really too bad. You're letting a minor inconvenience prevent you from a very enjoyable experience. Actually, it's probably a good thing - if you can't see your way to getting a form and spending a minute filling it out you probably wouldn't be happy with all the figuring out the best load, what kind of powder, what size ball, buying the flask, powder measure, balls, caps, cleaning materials, then loading, capping, disassembly for cleaning, the cleaning itself, and on and on. Black powder sure can be a hassle sometimes. Maybe you're making the right decision after all.
 

Huntzalittle

New member
mykeal

Oh, I don't think I'd find it too difficult to do the things you mentioned. In fact, I probably already have most of the stuff here now. I built my first BP kit rifle back in 1976 and had been a competitor in the local BP shooters club for a few years. Never walked off with the top prize, but put in a couple of pretty good showings. I've also killed a few deer up here in the northern part of the state, presently using a Rossi with pellets and sabots.
Like I said, I've been "eyeing" up one of those 1858's and they just look like a blast to have. But was wondering just what the paperwork was that would be necessary to buy one from someone who has done it recently.
I figure I can always change my mind if the "bug" bites me hard enough. :)
Thanks for those insightful replies. It was appreciated.
 

mykeal

New member
If a resident of another state with a carry permit recognized by MI visits the state, they don't have to register their pistol, do they?

No. Michigan recognizes carry permits from other states, and accepts other state's registration requirements (or lack of them).
 
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