February 24, 2009, Introduced by Reps. Meadows, LeBlanc, Hammel and Gonzales and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 239 and 239a (MCL 750.239 and 750.239a),
section 239a as added by 1996 PA 496.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
239. (1) All Except
as provided in subsection (2) and
subject to section 239a, all pistols, weapons, or devices carried,
possessed, or
used contrary to this chapter are hereby declared
forfeited
to the state , and
shall be turned over to the
commissioner
of the Michigan state police or his designated
representative,
department of state police for such disposition as
the
commissioner may prescribe determined
appropriate by the
director of the department of state police.
(2) This section does not prohibit a police agency from
retaining any pistol, weapon, or device carried or possessed in
violation of this chapter for official use by that police agency,
including for training or educational purposes. The police agency
shall comply with the requirements of section 239a 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, village, or township.
(c) The police department or public safety 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.
Sec. 239a. (1) Before a firearm is turned over for disposal
under
section 239 239(1) or is
retained under section 239(2), the
police agency that recovered or confiscated the firearm shall
determine if there is a known legal owner of the firearm and
whether the firearm has been reported stolen. If the police agency
determines a serial number has been eradicated from the firearm,
the police agency shall submit the firearm to the department of
state police or a forensic laboratory for serial number restoration
to determine legal ownership. In making the determination of
ownership required under this subsection, the police agency shall
review information contained in the law enforcement information
network and examine that police agency's stolen property reports.
If the police agency determines the firearm is stolen, the police
agency shall notify the agency reporting the firearm as stolen and
return the firearm to that agency at the conclusion of the criminal
case. The agency receiving the firearm shall notify the legal owner
and provide for disposition of the firearm in compliance with
subsections (3) and (4).
(2) If the owner is not alleged to have been involved in the
violation for which forfeiture is required or did not knowingly
allow the firearm to be possessed illegally, notification shall be
given at the conclusion of the criminal case but not later than 90
days before the firearm is disposed of or retained under section
239. Notification under this subsection may be given by certified
mail sent to the owner's last known address, or by personal contact
with the owner.
(3) The police agency shall return a firearm to its owner if
the owner claims the firearm within the notification period and
that police agency determines that the owner was not involved in
the violation for which the firearm was seized. Except as otherwise
provided in subsection (2), a firearm shall be returned under this
subsection within 30 days after the firearm is claimed by the owner
unless the owner is prohibited from possessing a firearm under
state or federal law.
(4) An individual claiming ownership of a firearm may petition
the circuit court for return of a firearm under this section if
return of the firearm is denied by the police agency or if the
firearm is not returned within 30 days as required under subsection
(3). The police agency shall not dispose of or retain a firearm
until the expiration of the 30-day period or, if a petition is
filed under this subsection, until permitted to do so by the court.
(5) A police agency shall turn confiscated weapons over to the
department
of state police under section 239 239(1) not more than 1
year after final conclusion of the criminal case and expiration of
the appeal period. The police agency shall first make a reasonable
effort to contact the owner of the firearm to determine whether a
demand for the firearm is forthcoming.
(6) A police agency that seizes a firearm for forfeiture under
this act shall exercise reasonable care to protect the firearm from
loss or damage while the firearm is in its custody.
(7) As used in this section, "police agency" means 1 or more
of the following:
(a) The department of state police.
(b) A county sheriff's department.
(c)
A The police department or public safety department of a
local
unit of government city, village, or township.
(d)
A The police department or public safety department of a
community college, college, or university.
(e) The law enforcement division of the department of natural
resources.