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Old April 9, 2011, 09:05 AM   #1
eddieg1274
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registering Ohio pistol in MI?

Hi. I've got a question about a pistol I got from my father when he passed away. It's a FEG P9R. My problem is that my dad got it in Ohio, when he used to live there and it's not registered (law does not require it). He moved back to MI a long ways back and brought it with him, but never registered it. Now I have it and was wondering how/if it can be registered here in Michigan. I know the gun is clean and is not stolen or anything, my dad wasn't that type of person. But, I am reluctant to take it in to the local authorities because I don't want them to say something like, it's an illegal firearm because it's not registered and have them take it away from me. I read that a person from MI cannot purchase a pistol from another state, like Ohio, where there is no requirement for a permit to purchase or a requirement to register it. Can I get this pistol registered or will I get screwed over if I try? Thanks, in advance, for any help!
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Old April 9, 2011, 10:55 AM   #2
rjrivero
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First, I'm sorry for your loss. And Second you absolutely can and SHOULD register that firearm in Michigan. You would just call the local PD and discuss it with them, they'll set you right on the proper procedure for doing so. I'm not POSITIVE what the requirements are, but you need to get the proper paperwork done.

They may want a death certificate, copy of the will, etc. But it shouldn't land YOU in hot water. Your DAD is the one who never registered the weapon, and he can't be prosecuted at this point.

I lived in Michigan for a good while, and when I left the state, I left a couple guns to my Dad and Brother. They just registered the firearm with the local PD, no record of sale was required since they were gifted from first degree relatives.

Of course, that was 20+ years ago, when they were called "Safety Inspections" instead of "registrations."
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Old April 9, 2011, 11:26 AM   #3
brickeyee
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Quote:
I left a couple guns to my Dad and Brother.
How are you still alive to write this?
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Old April 9, 2011, 12:09 PM   #4
shortwave
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eddieg1274 shouldn't have to go into the status of his dad. Just that his dad gave it to him before his passing.
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Old April 9, 2011, 08:20 PM   #5
Toxdoc
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I am not a lawyer

Most likely, all you are going to need to do is get a Pistol Purchase Permit (or an RI-60 if you have a CPL) and have the executor of the estate sign under seller and then send in the form or drop it off at the local police department. It might be worth it to verify with a lawyer who knows about MI firearms law.
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Old April 10, 2011, 08:24 AM   #6
eddieg1274
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Thanks guys. I think I'm going to give the sherriff's dept a call this week. I am just worried about getting into some kind of trouble or even getting the pistol confinscated. I'll see what they have to say.
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Old April 10, 2011, 10:00 AM   #7
brickeyee
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eddieg1274 shouldn't have to go into the status of his dad. Just that his dad gave it to him before his passing.
Then he did no "leave" them to anyone, he GAVE then to them.

It actually makes a difference on how guns need to be transferred.

There are exceptions for guns "left" to someone (under Federal law) that only apply in that exact case.

The executor of an estate can transfer the gun to an heir without using an FFL, even across state lines.
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Old April 10, 2011, 12:38 PM   #8
Aguila Blanca
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Quote:
Originally Posted by brickeye
Quote:
eddieg1274 shouldn't have to go into the status of his dad. Just that his dad gave it to him before his passing.
Then he did no "leave" them to anyone, he GAVE then to them.

It actually makes a difference on how guns need to be transferred.

There are exceptions for guns "left" to someone (under Federal law) that only apply in that exact case.

The executor of an estate can transfer the gun to an heir without using an FFL, even across state lines.
This is a very important distinction. It is entirely legal for a father to give a firearm to a son while he is alive. That's called a "gift," and it is subject to the normal rules for a transfer, just the same as if the father sold the gun to a complete stranger.

If the firearm is bequeathed to a son (or anyone else) through a will, then the executor can transfer it directly without going through an FFL. But AFAIK that's the ONLY exception to the FFL transfer rules.

And please note that for this exception to apply, the gun (or guns) must be specifically bequeathed by the will: as in "I leave my first generation Colt Model of 1873 revolver, serial number 23xx, to my son Robert E. Lee."

If the deceased had a box full of guns and they are not specifically mentioned in the will, they are what's called "residuary estate." There are two things that can happen with residuary estate:

(1) the will can have a clause that basically says "I leave all my residuary estate to ___." IANAL, but I think that might still qualify as receiving the gun(s) by bequest, IF you are the person (or one of the persons) named in that clause. Or --

(2) The will may say something like "I direct my executor to liquidate my residuary estate and to distribute the proceeds equally among my heirs." In that case, if there are guns in the residuary estate, the executor has been directed to sell them so they have NOT been bequeathed to anyone. Therefore, they are not covered by the inheritance exception and any transfer has to be through an FFL.

What often happens when someone dies who owned guns is that the heirs (and other relatives) often just go through the collection and divvy it up. That is not receiving the firearm by bequest, and is not legal. In states that allow direct face-to-face sales it's not a big deal. In other states, it IS a big deal.

Talk to a lawyer.
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Old April 10, 2011, 03:11 PM   #9
langenc
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Handguns would be handles as described. Long guns would not need registration and I believe, could be gifted to anyone by the heirs. I am not a lawyer and try to use common sense.
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Old April 11, 2011, 08:56 AM   #10
shortwave
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I think I'm going to give the sherriff's dept a call this week
eddieg1274,


If you could, would you please report back what they say?

Thanks!
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