HOUSE BILL No. 5682 February 20, 2002, Introduced by Reps. Cameron Brown, Middaugh, Kuipers, Rocca, Julian, Birkholz, Drolet, Jelinek, Gosselin, Pappageorge, Tabor, Hummel, Richardville, Vear, Mortimer and Lemmons and referred to the Committee on Criminal Justice. A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possess- ing, 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 authoriza- tion; 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 agen- cies; 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 appropri- ations; and to repeal all acts and parts of acts inconsistent with this act," by amending sections 9 and 14 (MCL 28.429 and 28.434), section 9 as amended by 1996 PA 169 and section 14 as amended by 2000 PA 381. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 9. (1) A person within the state who owns or comes 2 into possession of a pistol shall, if he or she resides in a3city, township, or village having an organized police05956'01 TVD 2 1department,present the pistol for safety inspection tothe2commissioner or chief of police of the city, township, or village3police department or to a duly authorized deputy of the commis-4sioner or chief of police. If that person resides in a part of5the county not included within a city, township, or village6having an organized police department, he or she shall present7the pistol for safety inspection to the sheriff of the county or8to a duly authorized deputy of the sheriff.1 OF THE FOLLOWING: 9 (A) IF HE OR SHE RESIDES IN A CITY, VILLAGE, OR TOWNSHIP 10 THAT HAS A POLICE DEPARTMENT, TO THAT POLICE DEPARTMENT. 11 (B) IF HE OR SHE RESIDES IN A CITY, VILLAGE, OR TOWNSHIP 12 THAT DOES NOT HAVE A POLICE DEPARTMENT, TO THE COUNTY SHERIFF 13 DEPARTMENT. 14 (2) If the person presenting the pistol is eligible to pos- 15 sess a pistol undersection 2(1)THIS ACT, a certificate of 16 inspection shall be issued in triplicate on a form provided by 17 the director of the department of state police., containing18 THE CERTIFICATE OF INSPECTION SHALL CONTAIN the name, age, 19 address, description, and signature of the person presenting the 20 pistol for inspection, together with a full description of the 21 pistol. The original of the certificate shall be delivered to 22 the registrant. The duplicate of the certificate shall be mailed 23 within 48 hours to the director of the department of state police 24 and filed and indexed by the department and kept as a permanent 25 official record. The triplicate of the certificate shall be 26 retained and filed in the office ofthe sheriff, commissioner,05956'01 3 1or chief of policeTHAT POLICE DEPARTMENT OR COUNTY SHERIFF 2 DEPARTMENT. 3 (3) IF A PERSON PRESENTS A PISTOL FOR A SAFETY INSPECTION 4 UNDER SUBSECTION (1) AND THE POLICE DEPARTMENT OR COUNTY 5 SHERIFF'S DEPARTMENT DETERMINES THAT THE PERSON IS NOT LICENSED 6 UNDER SECTION 2 OR 5B, THE POLICE DEPARTMENT OR COUNTY SHERIFF'S 7 DEPARTMENT MAY SEIZE THE PISTOL PENDING THE PERSON'S RECEIPT OF A 8 LICENSE BUT SHALL NOT SUBMIT THE PISTOL FOR DISPOSAL UNDER 9 SECTION 14 UNTIL THE EXPIRATION OF 30 DAYS AFTER THE PISTOL IS 10 SEIZED. REGARDLESS OF WHETHER THE PISTOL IS SEIZED, THE PERSON 11 MAY OBTAIN A LICENSE FOR THE PISTOL DURING THE 30-DAY PERIOD AND 12 HAVE THE PISTOL INSPECTED UNDER THIS SECTION AS PROVIDED BY LAW. 13 THIS 30-DAY PERIOD DOES NOT PROHIBIT THE POLICE DEPARTMENT OR 14 COUNTY SHERIFF'S DEPARTMENT FROM IMMEDIATELY DISPOSING OF THE 15 PISTOL IF THAT DEPARTMENT DETERMINES THAT THE PISTOL IS OTHERWISE 16 CARRIED OR POSSESSED IN VIOLATION OF THIS ACT OR FROM IMMEDIATELY 17 RETURNING THE PISTOL TO A PERSON FROM WHOM IT WAS STOLEN. IF THE 18 PERSON PRESENTS A LICENSE FOR THE PISTOL WITHIN THE 30-DAY 19 PERIOD, THE POLICE DEPARTMENT OR SHERIFF'S DEPARTMENT SHALL 20 PROMPTLY INSPECT THE PISTOL AND RETURN IT TO THE PERSON AS PRO- 21 VIDED BY LAW. THIS SUBSECTION DOES NOT AUTHORIZE THE PERSON TO 22 POSSESS THE PISTOL DURING THE 30-DAY PERIOD FOR ANY PURPOSE OTHER 23 THAN FOR STORING THE FIREARM PENDING ISSUANCE OF A LICENSE AND 24 SUBSEQUENT INSPECTION UNDER THIS SECTION. THE PERSON IS NOT 25 SUBJECT TO ARREST OR PROSECUTION FOR A VIOLATION OF SECTION 2 OR 26 SECTION 5B SOLELY FOR PRESENTING THE PISTOL FOR INSPECTION UNDER 27 THIS SECTION. 05956'01 4 1 (4) This section does not apply to a wholesale or retail 2 dealer in firearms who regularly engages in the business of sell- 3 ing pistols at retail, or to a person who holds a collection of 4 pistols kept solely for the purpose of display as relics, curios, 5 or antiques, and that are not made for modern ammunition or are 6 permanently deactivated. 7 (5)(2)A person who presents a pistol for a safety 8 inspection under subsection (1) shall ensure that the pistol is 9 unloaded and that the pistol is equipped with a trigger lock or 10 other disabling mechanism or encased when the pistol is presented 11 for inspection. A person who violates this subsection is respon- 12 sible for a state civil infraction and may be ordered to pay a 13 civil fine of not more than $50.00. 14 Sec. 14. (1) Subject tosection 5gSECTIONS 5G AND 9, all 15 pistols, weapons, or devices carried or possessed contrary to 16 this act are declared forfeited to the state, and shall be turned 17 over to the director of the department of state police or his or 18 her designated representative, for disposal under this section. 19 (2) The director of the department of state police shall 20 dispose of firearms under this section by 1 of the following 21 methods: 22 (a) By conducting a public auction in which firearms 23 received under this section may be purchased at a sale conducted 24 in compliance with section 4708 of the revised judicature act of 25 1961, 1961 PA 236, MCL 600.4708, by individuals authorized by law 26 to possess those firearms. 05956'01 5 1 (b) By destroying them. 2 (c) By any other lawful manner prescribed by the director of 3 the department of state police. 4 (3) Before disposing of a firearm under this section, the 5 director of the department of state police shall do both of the 6 following: 7 (a) Determine through the law enforcement information net- 8 work whether the firearm has been reported lost or stolen. If 9 the firearm has been reported lost or stolen and the name and 10 address of the owner can be determined, the director of the 11 department of state police shall provide 30 days' written notice 12 of his or her intent to dispose of the firearm under this section 13 to the owner, and allow the owner to claim the firearm within 14 that 30-day period if he or she is authorized to possess the 15 firearm. 16 (b) Provide 30 days' notice to the public on the department 17 of state police website of his or her intent to dispose of the 18 firearm under this section. The notice shall include a descrip- 19 tion of the firearm and shall state the firearm's serial number, 20 if the serial number can be determined. The department of state 21 police shall allow the owner of the firearm to claim the firearm 22 within that 30-day period if he or she is authorized to possess 23 the firearm. The 30-day period required under this subdivision 24 is in addition to the 30-day period required under 25 subdivision (a). 05956'01 6 1 (4) The department of state police is immune from civil 2 liability for disposing of a firearm in compliance with this 3 section. 05956'01 Final page. TVD