NFA Gun Trust Lawyer Blog
I received an email from Daren Lott who let me know about a Petition in Michigan to clarify the laws regarding NFA firearms and have the AG address issues that were not addressed in his previous opinion. Follow this link to find out more about the petition or to see the details read the rest of the article.
Note
We do have lawyers in Michigan we are working with to form Michigan Gun Trusts and have not experienced any problems with them.
Preamble:
Michigan law 750.224 bans automatic weapons, suppressors, billy clubs, and a number of other things. This same law provides an exception in section 3(c) where you may own these items if properly licensed by the federal government.
Problem:
Michigan law fails to define what “licensing” means.
Federal:
As far as the Bureau of Alcohol, Tobacco and Firearms (BATF) is concerned all you need to do is file and get approved BATF form 5320.4 to own any item restricted by the National Firearms Act (NFA).
Muddying the waters:
The Michigan Attorney General issues opinion 7183 stating that in Michigan, approval of BATF form 5320.4 constitutes a license… for a “machine gun”. If form 5320.4 approval is a license for an automatic weapon, then why is it not a license when it is approved for other NFA regulated items?
Action:
We are asking that the Michigan Attorney General issue an official opinion regarding the other “restricted” items banned by MCL 750.224 indicating, that if an item is properly registered by the BATF, it is considered to be licensed in the state of Michigan. We are also calling upon the Michigan state legislature to update Michigan’s law to recognize the federal authority of the BATF and NFA registration as legal licensing in Michigan.