Gun swap with someone that has CPL also?

[snox418]

Does anyone know the law in Michigan on Carring someone elses pistol if you both have your CPL? Someone told me you can. someone told me you can't? Looking to carry wife's guns because she has more then me!

[manic mechanic]

Hope this helps. It's all from the Michigan Coalition for Responsible Gun Owners. Its a great site and organization.
http://www.mcrgo.org/mcrgo/

Q: A former student of mine recently contacted the Attorney General’s office to ask whether he and his wife (each has a valid CCW permit) could legally carry each other’s firearms. Could you please shed some light on this? This question has been asked and addressed on the MCRGO Forums web site but not by an attorney. Perhaps this would be a good question for the MCRGO newsletter.
A: This is a good question that comes up repeatedly. Like most good questions, it does not have an easy answer. The reason a person cannot normally possess a pistol unless it is registered to them is MCL 28.422 which states, “Except as provided in subsection (2), a person shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.” HOWEVER, MCL 28.422a exempts CPL holders from the requirements of MCL 28.422. The CPL is what lets you have a pistol that is licensed to someone else. Therefore, a person with a CPL may legally have a pistol for which that the person has not personally obtained the license to purchase. But there’s a complication, “safety inspection” is Michigan’s version of registration. MCL 28.429 states, “A person within the state who owns or comes into possession of a pistol shall ... present the pistol for safety inspection.” While MCL 28.429 does not give a time within which the safety inspection must occur, the law would presume a reasonable time. I believe that you could take someone else’s weapon to the range and then return it, but if you intend to use it for any length of time, you should present it for safety inspection. While unusual, I see nothing in the law that forbids more than one ‘safety inspection,’ or successive safety inspections by different people. Probably, the police will refuse to do a safety inspection in a situation like this, because it is unusual. If they do, make a note of the date and officer. Then, you would have a good defense if you were charged with “Failure to Present a Pistol for Safety Inspection.”

To search Michigan Compiled Laws (MCL), visit:
Michigan Compiled Law Search




Q: I have been told that I cannot loan my pistol to another person. I cannot even hand it to my wife when we are at the range together for her to try it. Is that true?
A: There is no law against loaning a pistol. The law (MCL 28.421) was amended four years ago to take out the prohibition on loaning a pistol.

While MCL 28.429 states that a person who "comes into possession" of a pistol must present it for safety inspection, no time period is stated in which the inspection must be performed. A person could present it within one day or one year. During that period the person can legally posses the pistol without the green card. In civil law, when no time is stated, a "reasonable time" is presumed. The rule is different for criminal law. In any event the time for presenting the gun for safety inspection is longer than a day at the range or a trip to a shooting meet.

MCL 28.422 requires a person to return a portion of the pistol purchase license to the police within ten days after purchase. This is when the safety inspection is performed in a purchase situation. There is no corresponding provision for a person who "comes into possession" of a pistol by loan.

Sometimes I tell people, who plan to have their spouse's pistol for an extended length of time, to present the pistol for safety inspection. There is nothing in the law that states that more than one person cannot have the pistol safety inspected. In every instance, the person reported back to me that the police refused to inspect the pistol unless there was a sale or transfer of ownership. I simply told them to make a record of their attempt. The record would be good to have if the issue ever arises.

http://www.mcrgo.org/mcrgo/d_ccwfaq2.asp