February 11, 2009, Introduced by Senators KAHN, CROPSEY and KUIPERS and referred to the Committee on Judiciary.
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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
14. (1) Subject Except as
provided in subsection (4) and
subject to section 5g, 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.
(c) By any other lawful manner prescribed by the director of
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) This section does not prohibit a police agency from
retaining any pistol, weapon, or device carried or possessed in
violation of this act for official use by that police agency,
including for training or educational purposes. The police agency
shall comply with the requirements of subsection (3) for any
pistol, weapon, or device retained under this subsection. As used
in this subsection, "police agency" means 1 or more of the
following:
(a) The department of state police.
(b) The police department of a city, township, or village.
(c) The police department of a community college, college, or
university.
(d) A county sheriff's department.
(e) The law enforcement division of the department of natural
resources.
(5) (4)
The department of state police is
immune from civil
liability for disposing of a firearm in compliance with this
section.
(6) A police agency described in subsection (4) is immune from
civil liability for retaining a pistol, weapon, or device in
compliance with this section.