September 6, 2017, Introduced by Senators CASPERSON and SCHUITMAKER and referred to the Committee on Families, Seniors and Human Services.
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 or
ammunition in a locked secure storage container except in the
following circumstances:
(a) If the firearm or ammunition is used for a lawful purpose,
that 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 stores a firearm or ammunition on the
premises of a foster home in a locked secure storage container as
required under subsection (2) shall ensure that a key, combination,
or access code to the locked secure storage container is kept in
the reasonably secure possession of an adult or a locked
combination or biometric safe.
(4) 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 a motor
vehicle, if the person does all of the following:
(a) Keeps the firearm in a holster or similarly secure case.
(b) Carries the firearm in a manner that ensures the firearm
is inaccessible to the foster child and is in the possession and
control of an adult who may lawfully possess the firearm or
ammunition.
(c) 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.
(5) A supervising agency is 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.
(6) As used in this section, "secure storage container" means
a device, including, but not limited to, 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.