J w Guns
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3269 Johann Dr, Saginaw - (989) 642-9071
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Under state law, every handgun transfer requires that the buyer have either a handgun purchase license (one per weapon) or a
license to carry a concealed handgun. Mich. Comp. Laws §§ 28.422(1), (5), (6), 28.422a. See the Michigan Carrying Firearms
section. The criteria for obtaining a handgun purchase license are outlined in the Michigan Background Checks section.
Once a handgun purchase license is issued, three copies are delivered to the applicant by the licensing authority (i.e., local law
enforcement). Section 28.422(4). When the handgun sale is made, the seller must fill out the license forms describing the
handgun, listing the date of sale, and indicating that the handgun was sold to the licensee. Section 28.422(5). Both the seller
and the licensee must sign the license forms. Id. The seller may retain a copy of the license as a record of the sale, and the
licensee must return the other two copies to local law enforcement within 10 days (one copy is retained by local law
enforcement as the official record for six years, and the other is forwarded to the state police within 48 hours of its receipt). Id.,
section 28.422(6). Handgun purchase licenses are valid for up to 10 days, for the purchase of a single weapon. Section
28.422(5), (6).
A Michigan handgun purchase license qualifies as exempt from the requirements of the Brady Act. Under federal law, persons
who have been issued state permits to purchase or possess firearms are exempt from additional background checks if those
permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an
authorized government official has conducted a background investigation, including a search of the NICS database, to verify
that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Consult the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) chart outlining those permits that qualify as alternatives to the Brady Act.
Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the
Michigan Background Checks section.
For general information on each policy, click the heading for that policy.
Please note that many firearm-related laws have exceptions for military and law
enforcement personnel.
In addition, note that Michigan statutes sometimes use the word "pistol" when
referring generally to handguns. Mich. Comp. Laws § 28.421(e). To avoid confusion,
we have simply used the word "handgun" in these cases.
No relevant statutes currently exist.
Federal law generally requires that licensed firearms dealers conduct a background
check on all prospective firearms purchasers to ensure that such persons are not
prohibited from buying or possessing a firearm. This background check requirement
and the National Instant Criminal Background Check System (“NICS”) were enacted
through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-
159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of
classes of prohibited purchasers (including felons, fugitives, persons adjudicated as
“mental defectives” or those committed to mental institutions), and leaves to the
states the power to determine additional classes. (For a complete list of federally
prohibited purchasers, click here.)
Under the Brady Act, states have the option of serving as a “state point of contact”
and conducting their own background checks using NICS and state informational
records and databases, or having the checks performed by the FBI using only NICS.
Federal law does not require that private sellers (persons other than firearms
dealers) conduct background checks on prospective purchasers.
Michigan requires that the purchaser of a handgun have either a handgun purchase
license (one per weapon) or a license to carry a concealed handgun, and such
licensees are subject to background checks as part of the licensing process. Mich.
Comp. Laws §§ 28.422(1), (5), (6) and 28.422a. Handgun transfers are processed
through local law enforcement, while long gun transfers are processed directly
through the FBI. In both cases, the federal purchaser prohibitions referenced above
apply. Bureau of Justice Statistics Survey of State Procedures Related to Firearm
Sales, Midyear 2004 (August 2005).
Section 28.422(3) prohibits the issuing of a handgun purchase license to any
person local law enforcement has probable cause to believe would be a threat to
themselves or others, or would commit a crime with the handgun. Section
28.422(3) provides that a person may qualify for a license if he or she:
Is not subject to any of the specified court orders or dispositions (see §
28.422(3)(a));
Is 18 years of age or older (unless the transfer is made by a federally
licensed dealer in which case the applicant must be 21 years of age or older);
Is a U.S. citizen and a legal resident of Michigan;
Does not have a felony charge pending against him or her;
Is not prohibited from possessing, using, transporting, selling, purchasing,
carrying, shipping, receiving, or distributing a firearm under state law;
Has not been adjudged "insane" or "legally incapacitated" and is not under
an order of involuntary commitment in an inpatient or outpatient setting due
to mental illness; and
Has passed the "basic pistol safety review questionnaire" exam by correctly
answering 70% or more of the questions presented.
Handgun purchase licenses are valid for up to 10 days for the purchase of one
handgun. Section 28.422(5), (6). For additional information on handgun purchase
licenses, see the Michigan Licensing of Gun Purchasers/Owners section.
Michigan has adopted other classes of prohibited persons, and incorporated some of
the federal prohibitions referenced above as state offenses. Section 750.224f
prohibits a person from purchasing a firearm if he or she has been convicted of a
felony and has not yet satisfied the requirements specified in section 750.224f(1)
and (2) (detailing the requirements to restore a person’s ability to own or possess a
firearm, including serving any applicable sentence or conditions for parole, and
paying any relevant fines).
Under federal law, persons who have been issued state permits to purchase or
possess firearms are exempt from background checks if those permits were issued:
1) within the previous five years in the state in which the transfer is to take place;
and 2) after an authorized government official has conducted a background
investigation, including a search of the NICS database, to verify that possession of
a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). In
Michigan, handgun purchase license holders, and concealed pistol license holders
with licenses issued on or after November 22, 2005, are exempt from background
checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) chart that outlines those permits that qualify as
alternatives to the federal Brady Act. Concealed pistol licenses holders with licenses
issued prior to November 22, 2005 and temporary concealed pistol licensees are
not exempt. Applicants must submit to, and pass, an initial background check to
obtain either a handgun purchase license or a concealed pistol license. Please note
that ATF’s exempt status determination is subject to change without notice. For
further information, see the Michigan Carrying Firearms section.
Long gun transfers by private sellers (non-firearms dealers) are not subject to
background checks in Michigan, although federal and state purchaser prohibitions
still apply. See the Michigan Private/Secondary Sales section.