SB-0527, As Passed Senate, November 8, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 527

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 203, entitled

 

"Foster care and adoption services act,"

 

(MCL 722.951 to 722.960) by adding section 8b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8b. (1) A person who may lawfully possess a firearm under

 

state law may possess the firearm, whether loaded or unloaded, or

 

ammunition while on the premises of a foster home in accordance

 

with the provisions of this section.

 

     (2) Except as otherwise provided in subsection (4), a person

 

described in subsection (1) who possesses a firearm or ammunition

 

while on the premises of a foster home must store the firearm and

 

ammunition in a locked secure storage container except in the

 

following circumstances:

 

     (a) If the firearm or ammunition is used for a lawful purpose,

 

which may include, but is not limited to, an educational or

 

recreational purpose, hunting, the defense of a person or property,

 

or cleaning or servicing the firearm.

 

     (b) If the firearm or ammunition is inoperable and solely

 

ornamental.

 

     (3) A person who is authorized to possess a firearm on the

 

premises of a foster home under subsection (1) may carry a firearm

 

on his or her person while in the presence of a foster child,

 

including, but not limited to, while operating or riding in or upon

 

a motor vehicle, if the person does both of the following:

 

     (a) Carries the firearm in a manner that ensures that the

 

firearm is, at all times, in the control of an adult who may

 

lawfully possess the firearm or ammunition.

 

     (b) Returns the firearm to a locked storage container when the

 

firearm is on the premises of the foster home or in the presence of

 

a foster child and is not being carried on his or her person in

 

accordance with this subsection or being used for a lawful purpose.

 

     (4) A supervising agency and the employees of the supervising

 

agency are immune from civil or criminal liability for an injury

 

resulting from the use of a firearm or ammunition that is stored on

 

the premises of a foster home or is carried by a provider of foster

 

care or any other person who resides in a foster home.

 

     (5) Nothing in this section bars a foster child or authorizes

 

a supervising agency to bar a foster child from lawful possession

 

of a firearm for a hunting, educational, or recreational purpose

while the foster child is in the presence of an adult who may

 

lawfully possess a firearm.

 

     (6) In accordance with section 1b of 1927 PA 372, MCL 28.421b,

 

a supervising agency shall not require a foster parent to provide

 

the supervising agency with confidential firearm information,

 

including serial numbers, registration documents, and licensing

 

documents.

 

     (7) A party subject to the provisions of this section must

 

comply with all other state and federal statutes regarding firearms

 

or ammunition.

 

     (8) As used in this section:

 

     (a) "Foster child" means a child placed outside of his or her

 

home for foster care or adoption services under the care and

 

supervision of a supervising agency.

 

     (b) "Foster home" means a foster family home or a foster

 

family group home as those terms are defined in section 1 of 1973

 

PA 116, MCL 722.111.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.