Registering Late Is Not Always Better Than Never

Firearms Gun Registration
Firearms Registration
Michigan Open Carry
Michigan Open Carry

Lansing, MI -(AmmoLand.com)- If you find yourself past the 10 day window to submit your pistol registration, and you believe your local jurisdiction will fine you for turning the paperwork in late, you should consider the consequences of incriminating yourself by turning the paperwork in late vs. not turning in the registration paperwork at all.

For those who are not exempt from registration, Michigan law requires you to return the registration copy of a “Purchase Permit” (RI-010) or Pistol Sales Record (RI-060) to the police within 10 days of purchase, or face a $250 civil infraction. While this has been the law for many years, fines for late submissions have been very rare – the idea being that the individual is seen as trying to do the right thing, and agencies would rather have the paperwork turned in late rather than never.

However, lately we have received reports that some jurisdictions are issuing the civil infraction to individuals turning in their paperwork late, thus removing any incentive.

It is important to understand that there is no provision in Michigan law for turning in a registration receipt late. Once the 10 day window passes, the door has closed on avoiding responsibility for the infraction. In other words,  turning it in late does not absolve you of a $250 fine. In fact, turning it in late is just as illegal as never turning it in, as many gun owners are finding out the hard way. Put more bluntly, turning in a receipt past the 10 day window is self-incrimination, and many agencies are taking advantage of the opportunity for “easy money”.

Further, it is also important to understand that as of January 7, 2009, there is no longer any penalty for possessing a pistol that has not been submitted for a “safety inspection” (read registered). Therefore, it is not a crime to possess an unregistered pistol as long as the pistol was purchased or acquired lawfully in compliance with MCL 28.422 (2). Thus, THERE IS NO PENALTY BEYOND THE $250 LATE FINE FOR NOT SENDING IN YOUR PAPERWORK.

To be clear, we are not advocating breaking the law. Rather, we are pointing out that agencies who are issuing these citations have created an environment where there is no incentive to comply outside of the 10 day window since there is no difference between turning in the registration receipt on day 11 vs. never turning it in, from a penalty perspective.

If you would like more information, please contact the Legislative Team for Michigan Open Carry, Inc. at [email protected].

If you would like to view this advisory as a PDF, we have made a copy available HERE.

About Michigan Open Carry, Inc:

Michigan Open Carry, Inc is a Not-For-Profit organization that depends on our dues paying members to continue our operation.  We are an all-volunteer organization.  As such, no one is paid a salary and very few of the personal expenses of our officers are reimbursed.  Won’t you consider joining us or renewing as a dues paying member today?

If you need technical help with the process, please email [email protected].

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Kevin

I moved to Michigan in 2012 from Fort Campbell, KY where I was active duty Michigan. I brought my pistol, and with all the chaos of moving and starting school forgot to register it within the 30 day window. It is now 2018, and I am getting my CPL and realized I never registered this weapon. What are the consequences and/or punishments for this? I am trying to do the right thing with-in the confines of the law, and realize that forgetfulness is not an excuse to break the law, but I would like to do the right thing with… Read more »

Jim

Same thing here, and also wondering what to do.
Moved to Michigan from Texas.

Vaughn Brown

I have two old wwII firearms given to me by my father prior to his death. Am I required to register these guns. Both are hand guns.

B.Zerker

I would advise against voluntarily registering any firearms unless you want “big brother” to know you have them. And that, in my opinion, is inadvisable for the simple reason that just as soon as the usurpers want them, they’ll know where to find them. As an example, registration of so-called “Assault rifles” was enacted in CA in ’89. Those who followed that unconstitutional edict and registered them are now having their firearms (personal property) confiscated. This is happening to them even though no intent to commit a crime or harm anyone can be proven.

Tionico

Well, soon, Michigan will join Missouri in dealing with the issue once and for all.

Stupid nanies… WHO gave gummint any authority over guns anyway? Michiganders need to rise up flood the capitol with protests and say This has gone FAR ENOUGH. NO MORE.

tomcat

Believe it , or not, Michigan is getting more gun friendly than it was twenty-five years ago. Back then you had to have a permit to buy a gun, you had to swear what you were planning to use it for I.E.: hunting, target practice, etc. and it had to be transported in the trunk of your car, unloaded. The local Sheriff had to approve your application.
Republicans are now the majority so it is getting better.

B.Zerker

This regulation is a heaping pile of UNCONSTITUTIONAL HOTEL SIERRA! First, for there to be an infraction of “civil law”, there must be a signed (by you) binding contract in place stating that you will perform in a prescribed manner. Has any gun owner in MI signed a contract explicitly stating that you will register your firearms? If not, you have NOT broken “civil law” and are NOT required to register your pistols. Second, Heller v. D.C.: 554 US 570 (2008) declared that the right to keep and bear arms is a fundamental, individual right. In Murdock v. Pennsylvania: 319… Read more »