SB-0212, As Passed House, December 2, 2010

SUBSTITUTE FOR

SENATE BILL NO. 212

A bill to amend 1927 PA 372, entitled

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms under

certain circumstances; to provide for penalties and remedies; to

provide immunity from civil liability under certain circumstances;

to prescribe the powers and duties of certain state and local

agencies; to prohibit certain conduct against individuals who apply

for or receive a license to carry a concealed pistol; to make

appropriations; to prescribe certain conditions for the

appropriations; and to repeal all acts and parts of acts

inconsistent with this act,"

by amending section 14 (MCL 28.434), as amended by 2000 PA 381, and

by adding section 14a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 14. (1) Subject to ~~section~~ sections 5g and 14a, all

pistols, weapons, or devices carried or possessed contrary to this

act are declared forfeited to the state, and shall be turned over

to the director of the department of state police or his or her

designated representative, for disposal under this section.

(2) The director of the department of state police shall

dispose of firearms under this section by 1 of the following

methods:

(a) By conducting a public auction in which firearms received

under this section may be purchased at a sale conducted in

compliance with section 4708 of the revised judicature act of 1961,

1961 PA 236, MCL 600.4708, by individuals authorized by law to

possess those firearms.

(b) By destroying them.

the department of state police.

(3) Before disposing of a firearm under this section, the

director of the department of state police shall do both of the

following:

(a) Determine through the law enforcement information network

whether the firearm has been reported lost or stolen. If the

firearm has been reported lost or stolen and the name and address

of the owner can be determined, the director of the department of

state police shall provide 30 days' written notice of his or her

intent to dispose of the firearm under this section to the owner,

and allow the owner to claim the firearm within that 30-day period

if he or she is authorized to possess the firearm.

(b) Provide 30 days' notice to the public on the department of

state police website of his or her intent to dispose of the firearm

under this section. The notice shall include a description of the

firearm and shall state the firearm's serial number, if the serial

number can be determined. The department of state police shall

allow the owner of the firearm to claim the firearm within that 30-

day period if he or she is authorized to possess the firearm. The

30-day period required under this subdivision is in addition to the

30-day period required under subdivision (a).

(4) The department of state police is immune from civil

liability for disposing of a firearm in compliance with this

section.

Sec. 14a. (1) A law enforcement agency that seizes or

otherwise comes into possession of a firearm or a part of a firearm

subject to disposal under section 14 may, instead of forwarding the

firearm or part of a firearm to the director of the department of

state police or his or her designated representative for disposal

under that section, retain that firearm or part of a firearm for

the following purposes:

(a) For legal sale or trade to a federally licensed firearm

dealer. The proceeds from any sale or trade under this subdivision

shall be used by the law enforcement agency only for law

enforcement purposes. The law enforcement agency shall not sell or

trade a firearm or part of a firearm under this subdivision to any

individual who is a member of that law enforcement agency unless

the individual is a federally licensed firearms dealer and the sale

is made pursuant to a public auction.

(b) For official use by members of the seizing law enforcement

Senate Bill No. 212 (S-3) as amended December 2, 2010

agency who are employed as peace officers. A firearm or part of a

firearm shall not be sold under this subdivision.

(2) A law enforcement agency that sells or trades any pistol

to a licensed dealer under subsection (1)(a) or retains any pistol

under subsection (1)(b) shall complete a record of the transaction

under section 2 or section 2a, as applicable.

(3) A law enforcement agency that sells or trades a firearm or

part of a firearm under this section shall retain a receipt of the

sale or trade for a period of not less than 7 years. The law

enforcement agency shall make all receipts retained under this

subsection available for inspection by the department of state

police upon demand and for auditing purposes by the state and the

local unit of government of which the agency is a part.

(4) Before disposing of a firearm under this section, the law

enforcement agency shall do both of the following:

(a) Determine through the law enforcement information network

whether the firearm has been reported lost or stolen. If the

firearm has been reported lost or stolen and the name and address

of the owner can be determined, the law enforcement agency shall

provide 30 days' written notice of its intent to dispose of the

firearm under this section to the owner, and allow the owner to

claim the firearm within that 30-day period if he or she is

authorized to possess the firearm. [If the police agency determines that

a serial number has been altered or has been removed or obliterated from the firearm, the police agency shall submit the firearm to the department of state police or a forensic laboratory for serial number verification or restoration to determine legal ownership.]

(b) Provide 30 days' notice to the public on a website

maintained by the law enforcement agency of its intent to dispose

of the firearm under this section. The notice shall include a

description of the firearm and shall state the firearm's serial

number, if the serial number can be determined. The law enforcement

agency shall allow the owner of the firearm to claim the firearm

within that 30-day period if he or she is authorized to possess the

firearm. The 30-day period required under this subdivision is in

addition to the 30-day period required under subdivision (a).

(5) The law enforcement agency is immune from civil liability

for disposing of a firearm in compliance with this section.

(6) As used in this section, "law enforcement agency" means

any agency that employs peace officers.