You need a license to possess or purchase if your spouse doesn't have a valid MI CPL per MCL The safety inspection (i.e. handgun registration) was repealed effective Jan 7, 2009 so it does not need to registered.......
Your spouse should have the CPL, if she doesn't then she needs to get a license to purchase or possess. It was willed to her, not you. MI isn't a community property State so I don't know if it's legal for you to take possession of the firearm and bypass the need of her getting a license to purchase or possess. If you have a CPL, you do not need a license to purchase or possess. That is a question I would pose to the probate attorney handling your late father-in-law's estate.1) License to possess or purchase? So if I have a CPL, are you saying that I have to do some paperwork? I'm not clear what you are saying.
Nope, the MI handgun safety inspection (i.e. registration) law was repealed on Jan 7, 2009.2) So if I purchase a handgun at Cabellas today, I no longer have to take it into my local police department?
My wife received her fathers handgun after his passing. It is a S&W revolver, 5 shot, 38 special, 1.5" barrel. it is definately not new.
My Q's:
First: No one knows if her dad registered the handgun, he could have had it for 30yrs (more or less). What is the preocess of registering this? Do I even have to?
FWIW, I am in Michigan.
You don't need to do anything. It's what your spouse has to do.Thanks to all, this is a huge source of help, and I really appreciate it. I apologize if my next questions show my ignorance, but I just want to make sure I do things right.
So now that the safety inspection is no longer required in Michigan, and I am a resident and CPL holder in Michigan, what do I need to do?
CPL holders are exempt from purchase licensing.I guess i'm confused because I don't need a purchase permit with the CPL, I only had to take it in for a safety inspection.
Because the handgun was willed to your spouse and not you. If the probate judge or executor of the will allows you to take possession of the firearm instead of your spouse then I imagine it would be legal as the firearm would be essentially willed to you and not your spouse. That's a probate law issue best addressed by a probate attorney.I don't know why the estate cannot transfer it to me, but I keep getting more confused. <g>.
You don't need to do anything. It's what your spouse has to do.
.....The issue is that the firearm was willed to your spouse, not you. Your spouse needs the license to possess or purchase to be 100% within MI law to accept the firearm willed to her. She then can give it to you. It would also be in your household's best interest if she got her MI CPL so she could take custody of your handguns should anything happen to you without having to worry about any MI purchasing/possession licensure issues.
BTW, NavyLT, the BATFE links for State laws is about two years out of date. It still has the MCL for handgun safety inspections which is MCL 28.429. That was repealed effective Jan 7, 2009. BATFE only updates that book every two to three years.
YesI think I am FINALLY starting to understand. Since she will not get a cpl, i think one option is:
1) Have her get a purchase permit, and then the handgun is basically hers. I believe I have the ability to carry this handgun under my CPL (i believe I can carry handguns that are not mine).
Yes2) Find out if I can have the executor of the will just assign it to me.
Since the safety inspection (i.e. defacto handgun registration) law was repealed, I don't believe it's an issue anymore.We will be talking to his/our attorney about his estate soon, i will put this on the list.
OK, one last stupid question. If as a CPL holder I can carry someone elses handgun, then I can carry a dead persons handgun without doing anything?
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