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Michimaniac
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Discussion Starter · #1 ·
A majority of the Air Gun Reclassification Package, which was signed into law in May, will take effect on July 1. This will result in a number of changes directly impacting avid air gun enthusiasts, occasional plinkers, and sportsmen. It is important to understand the changes so you can take full advantage of the rights restored under this legislation, without falling astray of the law. Below are some of the primary changes that will take effect on July 1, 2015.

  • Most of the major air gun retailers and manufacturers will begin receiving and shipping orders to Michigan residents. Because Michigan law now differentiates between air guns and firearms, the legal barriers—which previously made it difficult to sell and ship many popular air guns to Michigan residents—have been lifted.
  • The Michigan Department of Natural Resources will now have authority to implement regulations allowing for the use of air guns for hunting purposes. Always check DNR regulations annually (minimum caliber or foot per second requirements) regarding the use of air guns for hunting.
  • Know the law regarding transportation of air guns. Some air guns will remain subject to Michigan’s casing requirements. Any air gun that is being transported in a motor vehicle and is designed to shoot metallic BBs or pellets greater than .177 caliber will need to be: (1) taken down; (2) enclosed in a case; (3) carried in the trunk of the vehicle; or (4) inaccessible from the interior of the vehicle.
  • Know the law regarding possession of air guns in weapons free school zones. For purposes of Michigan’s Weapons Free School Zone Act, air guns will be considered “weapons,” and, therefore, will be subject to the same restrictions that apply to firearms.
Due to differing effective dates, the local government preemption provisions that were in SENATE BILL 85 (http://www.legislature.mi.gov/documents/2015-2016/publicact/pdf/2015-PA-0029.pdf) will not take effect until August 10, 2015.
 

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I've read that last link about local preemptions several times and it's still not clear what is happening August 10.
 

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Michimaniac
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Discussion Starter · #3 ·
I've read that last link about local preemptions several times and it's still not clear what is happening August 10.
To me, it means any local laws that differ/conflict from the new law will have to be refined or eliminated by Aug 10.

Section 3 states what type of laws local governments may have with reguards to air guns (and other firearms).
 

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Michimaniac
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Discussion Starter · #5 ·
Ahh now I see. So local restrictions will still be in effect until next month.
The city I live in has already complied. They have until August 10th to comply, but can do so before then.
 

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So Can a felon go small game hunting now with a air riffle? Thanks
Yes they can.
Where does it say that a person can hunt with an air gun?
My wife and I were going to purchase the Jim & Eva Shockey Benjamin's but I cant find anywhere where It says that air guns are legal to use.
 

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Where does it say that a person can hunt with an air gun?
My wife and I were going to purchase the Jim & Eva Shockey Benjamin's but I cant find anywhere where It says that air guns are legal to use.
In the Michigan Hunting Digest.
 
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Michimaniac
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Discussion Starter · #10 · (Edited)
Where does it say that a person can hunt with an air gun?
My wife and I were going to purchase the Jim & Eva Shockey Benjamin's but I cant find anywhere where It says that air guns are legal to use.
Michigan: Game, including deer, may be taken by firearm, bow and arrow or slingshot and in some instances by crossbow. By state law definition, a “firearm" means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber. Thus, all air rifles, except smooth bores designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber, could potentially be used to hunt.

Here's a list on the Crossman Site: Air Gun Hunting by State

From page 20 of the 2015 Hunting & Trapping Digest (for deer): • A .35 caliber or larger air rifle or pistol charged only from an external high-compression power source.

Michigan is quite liberal on using air guns for hunting.

Steve
 

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Michigan: Game, including deer, may be taken by firearm, bow and arrow or slingshot and in some instances by crossbow. By state law definition, a “firearm" means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber. Thus, all air rifles, except smooth bores designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber, could potentially be used to hunt.

Here's a list on the Crossman Site: Air Gun Hunting by State

From page 20 of the 2015 Hunting & Trapping Digest (for deer): • A .35 caliber or larger air rifle or pistol charged only from an external high-compression power source.

Michigan is quite liberal on using air guns for hunting.

Steve
Looks like we will be shopping this weekend.
Thanks hitchman.
The first paragraph is changed though, air guns have been changed from classification of firearm. State law changed.
Is there anyplace where the rules call out air guns for small game? Rifled barrel air guns?
 

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Discussion Starter · #12 · (Edited)
Looks like we will be shopping this weekend.
Thanks hitchman.
The first paragraph is changed though, air guns have been changed from classification of firearm. State law changed.
Is there anyplace where the rules call out air guns for small game? Rifled barrel air guns?
It IS NOT in the 2015 Hunting Guide that I could find......opened it it on-line and searched the whole booklet for the word "air". It hit 5-6 times, but only twice referring to air guns or air rifles. The other one (top of page 61) stated it is illegal to take frogs and amphibians with a rifled or smooth bore air gun (or BB gun).

I believe it is legal to use less than a .35 caliber air rifle north of the old "shotgun" zone for deer.

I searched the DNR website for any reference to air guns and air rifles, and the only thing I came up with was that they can't be used in a specific state park/game area in Ottawa County.

Gonna have to call the DNR to see where these specifically are covered in the law. I believe, that even though the Michigan Law changed this past July (no longer classifying them as firearms), the DNR considers them "a weapon" if used for the purpose of hunting.

There were 2-3 other sites I found on the web that confirmed what the Crossman site lists.

Steve
 

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Maybe we should wait a little bit.
I was going to buy the Jim Shockey Benjamin which is .22 rifled barrel pneumatic, my wife want the Eva Shockey that is .177.
I think I'll steer away from the larger caliber PCP's that are legal for deer hunting, They are real expensive and we would prefer to use other weapons to hunt deer.

Hoping to use an air gun for small game hunting and not just plinking.
For plinking we could find them a heck of a lot cheaper.
 

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I believe it is legal to use less than a .35 caliber air rifle north of the old "shotgun" zone.

Steve
That reference to the shotgun/rifle zone only applies to hunting during the firearm deer season.

All Firearm Deer Seasons - Limited Firearm Deer Zone (See pg. 12)
In the limited firearm deer zone, all hunters afield from Nov. 15-30, and all deer
hunters in this zone during other deer seasons, must abide by the following firearm
restrictions or use a crossbow or a bow and arrow. Legal firearms are as follows:
• A shotgun may have a smooth or rifled barrel and may be of any gauge.
• A muzzleloading rifle or black powder handgun must be loaded with black
powder or a commercially manufactured black powder substitute.
• A conventional (smokeless powder) handgun must be .35 caliber or larger
and loaded with straight-walled cartridges and may be single- or
multiple-shot but cannot exceed a maximum capacity of nine rounds in the
barrel and magazine combined.
• A firearm deer hunter may carry afield a bow and arrow, crossbow and firearm.
Exceptions: See Muzzleloading Deer Seasons on pg. 19.
• A .35 caliber or larger rifle loaded with straight-walled cartridges with a minimum
case length of 1.16 inches and a maximum case length of 1.80 inches.
• A .35 caliber or larger air rifle or pistol charged only from an external
high-compression power source.

AFAIK one can use any weapon legal in the rest of the state in Zone 3 the rest of the year.

Rifles in the Limited Firearm Deer Zone
Centerfire or rimfire rifles may be used Dec. 1 – Nov. 9 in the Limited Firearm Deer
Zone (see pg. 12) during the open season for all species, except deer, turkey, and
migratory game birds.



I'm a bit surprised that there wasn't at least some mention regarding the change in firearm classification in the new guide.
 

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This is what I am questioning, what you are quoting are firearm rules.
Air guns are now classified as pneumatic weapons.
If they are not firearms, does these still apply?
The change came about in June, the guide was probably at the printers or at least in final draft at that time, I'm thinking the NRC needs to update the rules.
I wish a Conservation LEO would put in their two cents.
We are going to wait until I can get it confirmed.
We don't want to spend that much money on adult air rifles and only be able to use them for target shooting and not small game hunting.
No Biggy, haven't shot a air gun in over 25 years anyway (probably closer to 30) we will just hunt small game until I find out the way we have been all along.
(my deep down goal was to help my wife become a better shot anyway, she hasn't lost any deer in years, but I've had to do some long tracking jobs)
 

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Michimaniac
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Discussion Starter · #17 · (Edited)
This is what I am questioning, what you are quoting are firearm rules.
Air guns are now classified as pneumatic weapons.
If they are not firearms, does these still apply?
The change came about in June, the guide was probably at the printers or at least in final draft at that time, I'm thinking the NRC needs to update the rules.
I wish a Conservation LEO would put in their two cents.
We are going to wait until I can get it confirmed.
We don't want to spend that much money on adult air rifles and only be able to use them for target shooting and not small game hunting.
No Biggy, haven't shot a air gun in over 25 years anyway (probably closer to 30) we will just hunt small game until I find out the way we have been all along.
(my deep down goal was to help my wife become a better shot anyway, she hasn't lost any deer in years, but I've had to do some long tracking jobs)
Yes it still applies.


Here’s what I could find:

Act 451 of 1994 - Section 324.40102: (12) "Firearm" means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. A pneumatic gun, as defined in section 1 of 1990 PA 319, MCL 123.1101, other than a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact, is also considered a firearm for the purpose of this act.

Act 451 of 1994 - Sec. 40104: (1) “Take” means to hunt with any weapon, dog, raptor, or other wild or domestic animal trained for that purpose; kill; chase; follow; harass; harm; pursue; shoot; rob; trap; capture; or collect animals, or to attempt to engage in such an activity.

…………………………………………………………………………………..
Act 319 of 1990 – Section 123.1101 Definitions.

Sec. 1. - As used in this act:

(a) "Firearm" means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.
(b) "Local unit of government" means a city, village, township, or county.
(c) "Pistol" means that term as defined in section 222 of the Michigan penal code, 1931 PA 328, MCL 750.222.
(d) "Pneumatic gun" means any implement, designed as a gun, that will expel a BB or pellet by spring, gas, or air. Pneumatic gun includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
..................................................................................................................
SB 0085 (2015) [Public Act 29 of 2015 (Effective: 8/10/2015) – Ammends Act 319 of 1990: 123.1101 Definitions.
Sections 1-4:

CONTENT
The bill would amend Public Act 319 of 1990, which prohibits local units of government from taxing or regulating the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, to do the following:
-- Extend the Act to pneumatic guns.
-- Specify that the Act would not prohibit local regulation of criminal conduct with a pneumatic gun.
-- Allow a local unit to regulate the possession of pneumatic guns by a person less than 16 years old under certain circumstances.
-- Allow a local unit to prohibit a person from pointing, waving, or displaying a pneumatic gun in a threatening manner intending to induce fear.
-- Allow a city or charter township to prohibit the discharge of a pneumatic gun in a heavily populated area, except at authorized locations or on private property.

The bill would take effect 90 days after its enactment.

The bill would define "firearm" as any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive. "Pneumatic gun" would mean any implement, designed as a gun**, that will expel a BB or pellet by spring, gas, or air. The term would include a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.

**Note the use of the word gun. Still a weapon (as is a slingshot), but not a firearm.

The Act defines "local unit of government" as a city, village, township, or county.

Steve
 

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Thank You
Sec. 40104 answers it perfectly.
 

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Michimaniac
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Discussion Starter · #19 ·
Thank You
Sec. 40104 answers it perfectly.
Just called the DNR Law division.......took them 20 minutes to figure it out. Below is the basic chronology.

1) Act 319 of 1990 – Section 123.1101 Definitions - addresses/defines firearms and pneumatic guns.

2) Act 451 of 1994 - Sec. 40104 - uses the term weapons as opposed to firearms, and states a pneumatic gun, considered a firearm for the purpose of this act.

3) SB 0085 (2015) [Public Act 29 of 2015 - amends #1 above (and NOT #2), specifically addressing pneumatic guns (no longer classifies them as firearms for purposes of purchase and use).

4) The Wildlife Conservation Orders (updated 8-18-15), In Chapter 2 of General Hunting and Trapping Regulations, Section 2.1, addresses the taking of animals; prohibited methods, devices, and weapons; exceptions - and states what methods and weapons are prohibited in the taking of animals (pneumatic weapons are not prohibited).

So even though the State of Michigan no longer considers pneumatic guns as firearms per se, PA 451 considers them a firearm for the purpose of this act.

Now, what can you hunt with them? Each species that only allows specific weapons or weapon restrictions will state those restrictions. For example, the waterfowl hunting regulations state that only a shotgun, 12 gauge or smaller, plugged to hold no more than 2 shells in the magazine and 1 in the chamber, and shooting only nonlead/nontoxic shot--rules out hunting with air guns. Deer can be hunted with a .22 cal or higher, non-rimfire cartridge (north of the rifle/pistol zone)--this does not rule out .22 or higher air guns as they meet the caliber restriction and they are not rimfire.

All Species Regulations are listed as well in The Wildlife Conservation Orders.

Hope you can follow this line of reasoning. No other laws or regulations exist except what I have quoted/linked above.

Steve
 

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o_O :dizzy:

Pretty sure all piled together we can hunt small game with air guns. :lol:
Sure wish they would simplify things and just spell it out.
 
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