FIREARMS IN FOSTER HOMES S.B. 527:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 527 (as introduced 9-6-17)
Sponsor: Senator Tom Casperson
CONTENT
The bill would amend the Foster Care and Adoption Services Act to do the following:
-- Allow an individual permitted to possess a firearm under State law to possess it or ammunition while on the premises of a foster home.
-- Require an individual who possessed a firearm or ammunition while on the premises of a foster home to store it in a locked secure storage container unless it was being used for a lawful purpose.
-- Require an individual storing a firearm or ammunition in a foster home to ensure that the key, combination, or access code to a secure storage container was kept secure or locked in a safe.
-- Allow an individual to carry a firearm on his or her person while in the presence of a foster child, provided certain conditions were met.
-- Specify that a supervising agency would be immune from civil or criminal liability for an injury resulting from the use of a firearm or ammunition that was stored on the premises of a foster home or carried by a foster care provider or resident of the foster home.
Specifically, the bill would allow an individual who could lawfully possess a firearm under State law to possess it, whether loaded or unloaded, or ammunition while on the premises of a foster home, as provided below.
Except as otherwise provided (regarding carrying a firearm in the presence of a foster child), an individual described above who possessed a firearm or ammunition while on the premises of a foster home would have to store the firearm or ammunition in a locked secure storage container except under the following circumstances:
-- The firearm or ammunition was being used for a lawful purpose, including an educational or recreational purpose, hunting, defense of an individual or property, or cleaning or servicing the firearm.
-- The firearm was inoperable and solely ornamental.
("Secure storage container" would mean a device, including a safe, gun safe, secure gun case, or lock box, that is marketed commercially for storing a firearm or ammunition and is designed to be unlocked only by means of a key, a combination, a biometric lock, or other similar means.)
An individual who stored a firearm or ammunition on the premises of a foster home in a locked secure storage container would have to ensure that the key, combination, or access code
to the container was kept in the reasonably secure possession of an adult or a locked combination or biometric safe.
An individual who was authorized to possess a firearm on the premises of a foster home could carry it on his or her person while in the presence of a foster child, including while operating or riding in a motor vehicle, if he or she did all of the following: a) kept the firearm in a holster or similarly secure case; b) carried the firearm in a manner that ensured the firearm was inaccessible to the foster child and was in the possession and control of an adult who could lawfully possess the firearm or ammunition; and c) returned the firearm to a locked storage container when it was on the premises of the foster home or in the presence of a foster child and was not being carried on the individual's person or being used for a lawful purpose.
A supervising agency would be immune from civil or criminal liability for an injury resulting from the use of a firearm or ammunition that was stored on the premises of a foster home or was carried by a provider of foster care or any other person who resided in a foster home. ("Supervising agency" means the Department of Health and Human Services if a child's placed in the Department's care for foster care, or a child placing agency in whose care a child is placed for foster care.)
The bill would take effect 90 days after its enactment.
Proposed MCL 722.958b Legislative Analyst: Jeff Mann
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.