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Thread: Thinking SBR but have a legal question

  1. #1
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    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.

  2. #2
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    Quote Originally Posted by rcoe View Post
    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.
    "Not every thing on Earth requires an aftermarket upgrade." demigod/markm

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    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.

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    Quote Originally Posted by scottryan View Post
    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.

  5. #5
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    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.

  6. #6
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    I have no idea- but that sounds like a bunch of BS.
    MI gun laws suck.

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    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.

  8. #8
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    If you pass the NCIS, you should be just fine for the NFA.
    "What would a $2,000 Geissele Super Duty do that a $500 PSA door buster on Black Friday couldn't do?" - Stopsign32v

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    Quote Originally Posted by Bret View Post
    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.
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  10. #10
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    You should be fine.

    So they got upset after the shall issue became law.

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