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Old October 26, 2010, 02:22 PM   #1
rdenisj
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AOW's in Michigan

I recently heard that Michigan had changed its laws regarding AOW’s. What are the revised rules and what hoops does a person have to go through to possess one?
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Old October 26, 2010, 07:08 PM   #2
rjrivero
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This is how Class 2 firearms goes in Michigan:

Michigan Law states you have to be licensed to own a class 2 weapon. (Commonly called class III, but dealers are Class III and the weapons are class II)

Michigan Law is void of any procedure to obtain a license to own these guns. So private ownership of class II weapons was summarily considered invalid in Michigan.

However, CLASS III DEALERS license holders by DEFINITION have a LICENSE granted by the ATF and are allowed to own class II weapons.

So, the bottom line is that a private citizen could not own class II weapons, but a class III dealer can.

In 2005, the Attorney General wrote an opinion that made private ownership of MACHINE GUNS legal in Michigan. Opinion Letter LINK HERE.


Essentially saying that the NFA Tax Stamp fulfills the requirement for "license" as described in the Michigan Law for MACHINE GUNS.

Atty General Mike Cox in 2005 nullified a 1980's era opinion letter and now PRIVATE MACHINE GUN ownership is LEGAL in MICHIGAN.

However, the controversy is weather this opinion applies to all class II items or just to MACHINE GUNS ONLY. Right now, the letter of the law implies MACHINE GUNS ONLY.

However, if the NFA Stamp is a de-facto license, then it *should* apply to all NFA items.

Since Atty General Cox's bid for the Governors race ended with him NOT receiving nomination for his party, speculation has it that he may be waiting for the end of the Nov 2 election before he drafts another letter addressing suppressors and maybe sbrs and aows.
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Old November 1, 2010, 10:24 AM   #3
rdenisj
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I appreciate your response. I’m just trying to wrap my mind around what you wrote, so tell me if I understand you correctly.

As long as I can find a class III dealer in the state to assist with the purchase of the AOW, and I get the required NFA $5.00 Transfer Stamp I can legally own such a firearm.

Is this correct?
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Old November 1, 2010, 11:27 AM   #4
rjrivero
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Not the way I understand it. My understanding is that in order to own an AOW, SBS, SBR, or suppressor is to become a class III dealer.

This MAY change if the State Atty General drafts an opinion on the way Michigan Law is interpreted.

So stay tuned. From Day after tomorrow to the end of the year, you may indeed be allowed to buy "class II fun" in MI........
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Old November 1, 2010, 08:38 PM   #5
ACP230
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There is at least one AOW in MI that is not owned by an MG dealer.
I shot it a few months ago. It's owned by a C&R License holder.
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Old November 1, 2010, 09:25 PM   #6
rjrivero
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That brings up an interesting point.

In Missouri, they also have a "License law." In Missouri, the C&R satisfies this rule, and then anyone with a C&R then fills out a form 1 or form 4 and can then own suppressors. (I don't know for sure if it applies to ALL Class II items, but I know it is used for SUPPRESSORS.)

I am un-aware of anyone in Michigan going through this process. I haven't heard of anyone doing so.

If you know of someone who has done so, it may be possible to do it in Michigan as well.

If that IS indeed the case, then it isn't without precedent.
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Old November 4, 2010, 06:02 PM   #7
ACP230
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I suggest checking with an MG dealer.
There are some in MI and they should know what they can bring in.
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