state of michigan

102nd Legislature

Regular session of 2024

Introduced by Reps. Brabec, Neeley, Byrnes, Price, Miller, MacDonell, Breen, Rheingans, Mentzer, Morgan and Hood

ENROLLED HOUSE BILL No. 6145

AN ACT to amend 1927 PA 372, entitled ?An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices 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 2010 PA 295.

The People of the State of Michigan enact:

Sec. 14. (1) Subject to sections 5g and 14a, all pistols, weapons, or devices carried or possessed contrary to this act are declared forfeited to this state, and must be turned over to the director of the department of state police or the director?s designated representative, for disposal under this section.

(2) The director of the department of state police shall dispose of firearms under this section by

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

(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 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 the owner is authorized to possess the firearm.

(b) Provide 30 days? notice to the public on the department of state police website of the director?s intent to dispose of the firearm under this section. The notice must include a description of the firearm and 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 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.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

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Governor