May 5, 2010, Introduced by Reps. Knollenberg, Rick Jones, LeBlanc, Sheltrown, Espinoza, Lori and Meltzer 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, 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.
(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) The department of state police is immune from civil
liability for disposing of a firearm in compliance with this
section.
Sec. 14a. 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, dispose of that firearm or part of a firearm by
conducting a public auction in which firearms 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. The proceeds from any
sale under this section shall be used by the law enforcement agency
only for law enforcement purposes.