View Full Version : Thinking SBR but have a legal question
Not sure if anyone here can help with this type of question.
Back in my younger days 30 or so years ago I had a concealed permit here in Michigan, this was well before the Man would let regular people have these types of permits. This permit was for my job and stated only valid while I was working or travel to or from. I got popped with a pistol in my car on a non work day. Pled the charge down to a high court misdemeanor, prosecutor wanted to make sure I lost the permit but not punish a young guy fresh out of the military for the rest of my life with a felony.
I pass the NICS and have purchased many rifles and pistols over the years, but even now with Michigan being a shall issue state cannot get a concealed permit.
Question is would I be able to pass the legal requirements for a suppressor/SBR? I had always thought no and never tried, but last month I was finishing a transfer a my local FFL and we got to talking about cans and such. He said he was certain that if I could pass the NICS for a pistol purchase that there would not be any problems getting through the NFA for a can or SBR.
Any ideas from those with more experience with the legal side?
Thanks.
I got popped with a pistol in my car on a non work day.
By what circumstances did this happen?
It is still legal to transport a pistol in your car even if you don't have a CCW permit.
If the disqualification for a MI CCW is particular the the state CCW statute, e.g., no prior violations for unlawful carry, then you should be good at the federal level.
As far as I know, NICS is the check on firearms, SBRs, cans, etc., i.e., the same check for everything. However, if the MI conviction would be a NICS/federal disqualifier, but MI has not shared the info, that puts your federal transactions at risk.
By what circumstances did this happen?
It is still legal to transport a pistol in your car even if you don't have a CCW permit.
Pistol was on my body at the time, which constitutes concealed carry. Regular secured transport would have been fine.
Michigan has shared the info. 12 or so years ago when MI became a shall issue state I applied and went before the gun board and was approved. Everything was fine. Went to renew the permit several years later and was denied and got a nasty letter from the county and they stated they had shared the prior conviction with the feds. First purchase after that I got a hold on the purchase for about half a day before the approval came.
It always takes a little longer for my approval through NICS, like a live person actually has to review it. I was told this is because federal law is trumping state law.
I have no idea- but that sounds like a bunch of BS.
MI gun laws suck.
You've got to be 50+. Assuming that you have an otherwise clear record, my suggestion would be to spend the money and time to have the conviction expunged from your record. You'll need a good attorney that specializes in this sort of thing. Don't even think about going with an attorney that's going to try to figure out things as he goes. You need one that has a record of getting convictions expunged and specializes in it. I think it would be hard for a judge to fail to expunge the conviction given that what you were convicted for is perfectly legal now.
If you pass the NCIS, you should be just fine for the NFA.
daddyusmaximus
09-27-19, 21:15
You've got to be 50+. Assuming that you have an otherwise clear record, my suggestion would be to spend the money and time to have the conviction expunged from your record. You'll need a good attorney that specializes in this sort of thing. Don't even think about going with an attorney that's going to try to figure out things as he goes. You need one that has a record of getting convictions expunged and specializes in it. I think it would be hard for a judge to fail to expunge the conviction given that what you were convicted for is perfectly legal now.
^^^This right here.
You should be fine.
So they got upset after the shall issue became law.
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No way to tell for sure. Just apply and see what happens.
Nothing to lose by trying. You're not doing anything with the time now. Worst ATF can do is take 9 months to say no, and a year to return your $200 fee.
If you don't get approved, then follow Bret's suggestion to pursue expungment.
Makowski Legal has an office in Dearborn, contact him and see what he can do for you.
He does NFA trusts and handles firearm law issues.
If your conviction can be expunged and your conviction was in this area, he is the one to call.
CleverNickname
10-26-19, 20:20
If you can buy a handgun, there's no legal impediment to you buying/building an NFA firearm (barring any state law banning NFA possession).
azfirearms
10-28-19, 01:23
As long as your state and local laws allow it, you'll be fine. I just did my first E- Form for an SBR and it only took 28 days from mailing prints to getting the E-Stamp!
Just ordered my 1st can today from SS on an individual form4. Now the waiting starts, hopefully 3 months from now I will have it in my hands.
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