New Gun Laws In Michigan Change The Buying And Selling Process

02/2024
Feb 03, 2024
🕒 6 mins
New Gun Laws In Michigan Change The Buying And Selling Process

The landscape of firearm ownership and transfer in Michigan is undergoing significant changes. With the introduction of Public Act 19 of 2023 (House Bill 4138), residents and gun dealers alike are faced with a series of new regulations and requirements. This transformative legislation, which amends several key statutes in Michigan’s firearm laws, is set to take effect on February 13th, 2024, and it introduces comprehensive measures aimed at tightening the procedures around buying and selling firearms.

Whether you’re a private firearm owner, a prospective buyer, or a licensed dealer, understanding these changes is critical. Join us as we unpack the essentials of House Bill 4138, its implications for firearm transactions, and what you need to do to stay on the right side of the law.

The new legislation includes the following:

  • Universal Background Checks
  • Amends MCL:
    • 28.421 – provided or changed definitions.
    • 28.422 – License to Purchase
    • 28.422a – Individuals not required to obtain a license to purchase

Michigan firearm laws, CPL information, and forms can be found on the MSP Firearms Portal. The updated RI-060 (now Firearm Sales Record) can be found on the MSP forms page under Firearms & Background records.

The Highlights

  • A CPL or LTP is required for every pistol sale – private or dealer.
  • A CPL or LTP is required for every private long gun sale.
  • A CPL or LTP is not required for a dealer long gun sale.
  • FSR or LTP must be completed by the SELLER for BOTH pistols and long guns.
  • The SELLER is responsible to submit the FSR to the SELLER’s local PD, and the LTP to the BUYER’s issuing agency, for pistols only. It is not required for long guns. It is a state civil infraction (up to $250) for the seller failing to comply.
  • The seller retains a copy of the sales record, for both pistols and long guns.
  • Does not pertain to frames or receivers.

The Details

Before we get into it, let’s go over some definitions just in case it isn’t clear to everyone:

CCW: Acronym for carrying a concealed weapon.

CPL (Concealed Pistol License): Allows the licensee to carry a concealed pistol after meeting a number of requirements.

FFL: Acronym for Federal Firearms License (your friendly neighborhood gun store).

LTP (License to Purchase a Pistol, Form RI-010A): For anyone who does not have a CPL, they must fill out an application (RI-010) and undergo a NICS background check at their local police department to receive a license to purchase a pistol. During the sale the LTP is filled out, in triplicate, and submitted in the same manner, with the same information, as the RI-060. Buyers have 30 days to make a purchase from the time the LTP is issued.

An updated LTP will replace the old one with minor changes:

  • Renaming “Pistol” to “Firearm” in the title and information areas.
  • Removing “Additional Identifiers” field.
  • Moving “Type”, “Shot”, “Barrel Length”, & “Overall Length” fields.
  • Adding “Pistol” and & “Non-Pistol” checkboxes

PSR: (Pistol Sales Record, Form RI-060): A record of the pistol transaction, filled out in triplicate, containing seller, buyer, and pistol information. Both the seller and buyer retain a copy, and the third copy goes to the local police department.

FSR: (Firearm Sales Record, Updated Form RI-060): A record of the firearm transaction, filled out in triplicate, containing seller, buyer, and firearm information. Both the seller and buyer retain a copy, and the third copy (for pistols only) goes to the local police department.

MCL 28.422a – Individuals not required to obtain a License to Purchase (LTP)

  1. Individuals that have a non-expired CPL
  2. Law enforcement officers with an active MCOLES license status
  3. Federally licensed firearm dealers (FFLs)

MCL 28.422 – License to Purchase (LTP)

If an individual does not fall into the exception list above, an LTP is now required for any private firearm sale/purchase/transfer. This includes non-pistol firearms (a firearm greater than 26 inches in length) – pistol, rifle, or shotgun.

An LTP is now required if you are purchasing a pistol from an FFL.

An LTP is not required if you are purchasing a shotgun or rifle from an FFL.

How to Purchase a Long Gun

If purchasing from a private party:

  1. If the buyer does not have a CPL: Buyer must first obtain an LTP from local PD prior to the sale proceeding. The seller completes the LTP during the sale.
  2. If the buyer has a CPL: They may proceed with the sale. The seller completes the FSR, including buyer’s CPL/MCOLES.
  3. Both the buyer and seller receive and retain a copy of the LTP or FSR.
  4. A third copy does not need to be submitted to the local PD for long guns.

If purchasing from an FFL:

  1. FFL initiates NICS background check.
  2. FBI NICS completes the background check and responds with PROCEED, DENY, or DELAY. If PROCEED, FFL proceeds with sale.
  3. FFL completes the FSR.
  4. Both the FFL and the buyer receive and retain a copy of the FSR.
  5. A third copy does not need to be submitted to the local PD for long guns.

How to Purchase a Pistol

If purchasing from a private party:

  1. If the buyer does not have a CPL: Buyer must first obtain an LTP from local PD prior to the sale proceeding. The seller completes the LTP during the sale.
  2. If the buyer has a CPL: They may proceed with the sale. They may proceed with the sale. The seller completes the FSR, including buyer’s CPL/MCOLES.
  3. Both the buyer and seller receive and retain a copy of the LTP or FSR.
  4. The seller must return a third copy of the FSR to their own local PD, or the LTP to the buyer’s issuing agency, within 10 days. It is a state civil infraction (up to $250) for the seller failing to comply.

If purchasing from an FFL:

  1. If the buyer does not have a CPL: Buyer must first obtain an LTP prior to the FFL proceeding with the sale.
    1. The FFL may still choose to run a NICS check, but it is not required if the buyer has an LTP.
  2. If the buyer has a CPL:
    1. FFL initiates NICS background check. FBI NICS completes the background check and responds with PROCEED, DENY, or DELAY. If PROCEED, FFL proceeds with sale.
  3. FFL completes the LTP or FSR.
  4. Both the FFL and the buyer receive and retain a copy of the LTP or FSR.
  5. FFL must return a third copy of the FSR to their own local PD, or the LTP to the buyer’s issuing agency, within 10 days. It is a state civil infraction (up to $250) for the FFL failing to comply.

How to Purchase a Frame or Receiver

The new law does not change the process for frames or receivers. Michigan does not consider a frame or receiver to be a firearm, however federal must be followed.

If purchasing from a private party:

  1. There is no requirement for a CPL or LTP.
  2. There is no requirement for a NICS background check.
  3. It is recommended that both the buyer and seller have a receipt showing both names and the serial number, but it is not a requirement.

If purchasing from an FFL:

  1. FFL initiates NICS background check. FBI NICS completes the background check and responds with PROCEED, DENY, or DELAY. If PROCEED, FFL proceeds with sale.
  2. FSR is not required.

Let us help!

It can be confusing, or just annoying, let us handle your private party or online firearms transfers. But, before you buy your firearm from another dealer, check with us first! We might be able to beat, or at least match the price, and you won’t have to pay the transfer fee! And, if there’s something you’re looking for that you can’t seem to find, contact us directly, we’ll do our best to find it for you.

Click here for more information on Universal Background Checks, including datasheets and key facts.

Disclaimer: This is for informational purposes only and is not intended to constitute legal advice. Please consult with an attorney to ensure you are following all newly enacted firearm laws in Michigan.

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Jeremiah Megie

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