# ? about transporting someone else's pistol



## Due51 (Oct 26, 2005)

My step dad would like me to take his .38 revolver to a gunsmith for a cleaning and inspection. He's owned the gun for about 20 years AND HAS NEVER FIRED IT! 

Should I be worried about having any documentation or a letter from my step-dad while I transport this thing. I'd hate to get pulled over for a traffic violation only to get caught with a pistol that's not registered to me.

Thanks.


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## kbkrause (Feb 12, 2002)

He needs to transport it as it should be registered to him: 
[SIZE=-1]In Michigan, a person shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol, as prescribed in MCL 28.422. These licenses shall be obtained by the local police agency. If the city, township, or village does not have an organized police agency, the license shall be obtained by the county sheriff department.
http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-138642--,00.html


Also, here's a FAQ from the state police:
http://www.michigan.gov/msp/0,1607,7-123-1591_4654-10953--,00.html

[/SIZE]


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## 2PawsRiver (Aug 4, 2002)

Take your step-dad with you.


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## Due51 (Oct 26, 2005)

Well, the problem is....he's in failing health. He's not incapacitated but it would be a major inconvenience.


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## trout (Jan 17, 2000)

Ask your smith how you should do it.
He might be able to pick it up.


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## Topshelf (May 24, 2005)

Go get a purchase permit, have the Dad in law sell it to you on paper. That way you can transport it legally. Then sell it back later?


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## Rootsy (Nov 1, 2006)

unless you possess a valid CCW you cannot be in possession of anyone elses pistol... properly registered or not...


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## 2PawsRiver (Aug 4, 2002)

You can posses a pistol without a CCW, you just can't carry it concealed...........registering the weapon in your name would solve the problem.

Sorry to hear your Step-Dad's health is failing.


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## Due51 (Oct 26, 2005)

Rootsy said:


> unless you possess a valid CCW you cannot be in possession of anyone elses pistol... properly registered or not...


Not True, according to a gentleman at the Dearborn Police Department. He said I can transport the gun in a case in the back of the truck (ammo seperate) as long as I have my step-dad's "green card". I asked if I should have an authorization letter from my step-dad and the guy said I didn't need it, but if it "made me feel better", go ahead.


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## alex-v (Mar 24, 2005)

Just out of curiousity but why does it need to be inspected by a gunsmith and cleaned if it has not been fired since your stepdad has owned it? Especially considering that he has never fired it.


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## Due51 (Oct 26, 2005)

alex-v said:


> Just out of curiousity but why does it need to be inspected by a gunsmith and cleaned if it has not been fired since your stepdad has owned it? Especially considering that he has never fired it.


Safety reasons, I guess. He just feels like it should be looked over by someone who knows what they're doing. He's moved it around (from the home to the office), it's been "dormant" for a long time and I'm sure he'd like a little peace of mind that it works properly.


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## alex-v (Mar 24, 2005)

Due51 said:


> Safety reasons, I guess. He just feels like it should be looked over by someone who knows what they're doing. He's moved it around (from the home to the office), it's been "dormant" for a long time and I'm sure he'd like a little peace of mind that it works properly.


Well meet me at the range and I will test fire it for free and give my my honest opinion. Oh, did I say I could do this for free. 

I can understand why he might want to do this but it probably is not necessary unless he has dry fired it 10,000 times or so over the last 20 years. Just grab his green "registration" card and head off to the smith. You might want to check with the smith ahead of time but it is very possible that the gun can be given the once over while you wait.


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## Due51 (Oct 26, 2005)

alex-v said:


> Well meet me at the range and I will test fire it for free and give my my honest opinion. Oh, did I say I could do this for free.


That's very generous of you. As a matter of fact, you're the SECOND person to make such an offer. 

That's what makes this site and it's people so great. Too bad they can't put that in some pro-hunting commercial so people can get the REAL view of outdoorsmen/women.


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## Rootsy (Nov 1, 2006)

news to me.. but then again no one knows everything... BUT reading the back of one of my green cards sitting right in front of me...the wording specifically states, on the card...

"State law prohibits the furnishing, loaning, giving or selling of this pistol to another unless that person (Including gun dealers) first obtains a license to purchase a pistol. Violation of this law is a criminal offense."

Now, FWIW, according to the long speech i received from the Deputy during my CCW course a couple of months back; the statement above does not pertain to valid CCW holders and you may possess a lawfully registered handgun that is registered in another person's name... Or for that matter private purchase a handgun from an individual as long as you fill out the proper forms between the two when doing the transaction.... 

for reference please refer to MCL 28.422 and MCL 28.422a

http://www.legislature.mi.gov/(S(ry...page=getObject&objectName=mcl-Act-372-of-1927


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## Ninja (Feb 20, 2005)

Due,
Bring it in here, I'll look at it for ya.


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## Beaglernr (Dec 1, 2002)

The law is pretty simple in this case. Only the registered gun owner can legally transport the pistol unless you have a purchase permit for that gun and are transporting it for registration. HOWEVER...as a new law passed middle of last year someone with a CCW can transport and use someone elses registerd pistol.


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## 22 Chuck (Feb 2, 2006)

The law is also pretty clear-the green card is not needed once 'registered' contrary to what many think-including an LEO-os so you said.


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## uncletj (Aug 30, 2005)

*3. Is it okay if I loan my pistol to a friend?*
MCL 28.432 An individual can carry, possess, use or transport a pistol belonging to another individual, if the pistol is properly licensed and inspected under the Act, and the individual carrying, possessing, using or transporting the pistol has obtained a license to carry a pistol concealed permit under this Act.

This is from the Michigan State Police site. Pretty clear to me what your wanting to do would be illegal. Good luck, maybe you can get that cop that fed you a line of BS to go with you just in case.:lol:


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## uncletj (Aug 30, 2005)

2PawsRiver said:


> You can posses a pistol without a CCW,quote]
> Not one that is owned by someone else!


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## Due51 (Oct 26, 2005)

The final word.

From THE Michigan State Police in Lansing:
As long as the guns are registered with the Dearborn PD to my stepfather (a Dearborn resident), I can transport these handguns in the trunk of my car TO the gunsmith and DIRECTLY BACK to my parents place. I do NOT need the green cards (or even a copy--although I got copies anyway).

If anyone questions the validity of this, I'll give you the name of a close friend who is a Lt. with a local PD. He assisted in getting me this answer.


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## BR549 (Feb 5, 2006)

Beaglernr said:


> The law is pretty simple in this case. Only the registered gun owner can legally transport the pistol unless you have a purchase permit for that gun and are transporting it for registration. HOWEVER...as a new law passed middle of last year someone with a CCW can transport and use someone elses registerd pistol.


 
Someone give that man a silver dollar! (I'm too cheap to do it myself).
In order for a person without a CCW permit to loan, or possess, another's pistol, he must have a permit to purchase. This basically says your a good boy, play well with others, and you can have a defensive weapon in your possession. You have to go to your local law enforcement athority for one. You don't have to buy the pistol, just have the permit to purchase.
Here's some areas of the law.
From 750.224, page 119 (f) Purchaser means a person who receives a pistol from another person by purchase, gift, or loan.
I'd go further, but it'll take too long to copy and paste everthing. Go the the Mich. State Police website. They have a link to the laws.​


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## uncletj (Aug 30, 2005)

uncletj said:


> *3. Is it okay if I loan my pistol to a friend?*
> MCL 28.432 An individual can carry, possess, use or transport a pistol belonging to another individual, if the pistol is properly licensed and inspected under the Act, and the individual carrying, possessing, using or transporting the pistol has obtained a license to carry a pistol concealed permit under this Act.
> 
> This is from the Michigan State Police site.


So the final word is this don`t really mean what it says? Guess the MSP needs to update their website.


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## Pork Chop (Jan 21, 2003)

I wonder how the criminals. thugs, and low lifes keep track of all these complicated and confusing rules to make sure they don't violate them. I sure feel alot safer knowing these laws are in place, they really do a great job of controling crime on the streets.


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## alex-v (Mar 24, 2005)

Due51 said:


> The final word.
> 
> From THE Michigan State Police in Lansing:
> As long as the guns are registered with the Dearborn PD to my stepfather (a Dearborn resident), I can transport these handguns in the trunk of my car TO the gunsmith and DIRECTLY BACK to my parents place. I do NOT need the green cards (or even a copy--although I got copies anyway).
> ...


It sounds like the correct answer. How else would the gun ranges be able to rent handguns? How else would we be able to take a few test shots using our buddies handgun just to see what it is like?


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## SteveS (Mar 6, 2003)

alex-v said:


> It sounds like the correct answer. How else would the gun ranges be able to rent handguns? How else would we be able to take a few test shots using our buddies handgun just to see what it is like?



The correct answer quoted above is from the statute:



> MCL 28.432 An individual can carry, possess, use or transport a pistol belonging to another individual, if the pistol is properly licensed and inspected under the Act, and the individual carrying, possessing, using or transporting the pistol has obtained a license to carry a pistol concealed permit under this Act.


Ranges that rent handguns are not giving up possession and you are on their property the entire time. This is probably a law that is not enforced very often, but could be.



> If anyone questions the validity of this, I'll give you the name of a close friend who is a Lt. with a local PD. He assisted in getting me this answer.


The police are not always up to date on what the laws are.


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