Substitute For

HOUSE BILL NO. 6146

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 239 (MCL 750.239), as amended by 2010 PA 294.

the people of the state of michigan enact:

Sec. 239. (1) 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 forfeited to the this state and shall must be turned over to the department of state police for disposition as determined appropriate by the director of the department of state police or his or her the director's designated representative.

(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 director shall ensure that all parts of a firearm disposed of under this section are destroyed.

(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 the director's 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 the owner 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 the director's intent to dispose of the firearm under this section. The notice shall must 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 the owner 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.