April 12, 2018, Introduced by Senators HERTEL, ANANICH, KNEZEK, HOPGOOD, BIEDA, CONYERS, YOUNG, GREGORY, HOOD and WARREN and referred to the Committee on Government Operations.
A bill 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 sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a,
28.422b, 28.432, and 28.434a), section 2 as amended by 2015 PA 200,
section 2a as amended by 2016 PA 301, section 2b as amended by 2014
PA 205, section 12 as amended by 2010 PA 209, and section 14a as
added by 2010 PA 295.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Except as otherwise provided in this act, a person
shall
not purchase, carry, possess, or transport a pistol firearm
in this state without first having obtained a license for the
pistol
firearm as prescribed in this section.
(2)
A person An individual who brings a pistol firearm into
this state who is on leave from active duty with the armed forces
of the United States or who has been discharged from active duty
with the armed forces of the United States shall obtain a license
for
the pistol firearm within 30 days after his or her arrival in
this state.
(3) The commissioner or chief of police of a city, township,
or village police department that issues licenses to purchase,
carry,
possess, or transport pistols, firearms,
or his or her duly
authorized deputy, or the sheriff or his or her duly authorized
deputy, in the parts of a county not included within a city,
township, or village having an organized police department, in
discharging the duty to issue licenses shall with due speed and
diligence issue licenses to purchase, carry, possess, or transport
pistols
firearms to qualified applicants unless he or she has
probable cause to believe that the applicant would be a threat to
himself or herself or to other individuals, or would commit an
offense
with the pistol firearm that would violate a law of this or
another state or of the United States. An applicant is qualified if
all of the following circumstances exist:
(a)
The person individual is not subject to an order or
disposition for which he or she has received notice and an
opportunity for a hearing, and which was entered into the law
enforcement information network under any of the following:
(i) Section 464a of the mental health code, 1974 PA 258, MCL
330.1464a.
(ii) Section 5107 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA
642.
(iii) Section 2950 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950.
(iv) Section 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950a.
(v) Section 14 of 1846 RS 84, MCL 552.14.
(vi) Section 6b of chapter V of the code of criminal
procedure, 1927 PA 175, MCL 765.6b, if the order has a condition
imposed under section 6b(3) of chapter V of the code of criminal
procedure, 1927 PA 175, MCL 765.6b.
(vii) Section 16b of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.16b.
(b)
The person individual is 18 years of age or older or, if
the firearm is a pistol and the seller is licensed under 18 USC
923, is 21 years of age or older.
(c)
The person individual is a citizen of the United States or
an alien lawfully admitted into the United States and is a legal
resident
of this state. For the purposes of this section, a person
an individual is considered a legal resident of this state if any
of the following apply:
(i) The person individual has a valid,
lawfully obtained
Michigan driver license issued under the Michigan vehicle code,
1949 PA 300, MCL 257.1 to 257.923, or an official state personal
identification card issued under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The person individual is lawfully
registered to vote in
this state.
(iii) The person individual is on active duty
status with the
United
States armed forces Armed
Forces and is stationed outside of
this
state, but the person's individual's
home of record is in this
state.
(iv) The person individual is on active duty
status with the
United
States armed forces Armed
Forces and is permanently
stationed
in this state, but the person's individual's
home of
record is in another state.
(d) A felony charge or a criminal charge listed in section 5b
against
the person individual is not pending at the time of
application.
(e)
The person individual is not prohibited from possessing,
using, transporting, selling, purchasing, carrying, shipping,
receiving, or distributing a firearm under section 224f of the
Michigan penal code, 1931 PA 328, MCL 750.224f.
(f)
The person individual has not been adjudged insane in this
state or elsewhere unless he or she has been adjudged restored to
sanity by court order.
(g)
The person individual is not under an order of involuntary
commitment in an inpatient or outpatient setting due to mental
illness.
(h)
The person individual has not been adjudged legally
incapacitated in this state or elsewhere. This subdivision does not
apply
to a person an individual who has had his or her legal
capacity restored by order of the court.
(4)
Applications An applicant for licenses a license under
this
section shall be signed by the applicant sign the application
under
oath upon forms on a form provided by the director of the
department
of state police. Licenses A
licensing authority shall
issue
a license to purchase, carry, possess,
or transport pistols
shall
be executed firearms in triplicate upon forms on a form
provided
by the director of the department of state police. and
shall
be signed by the The licensing authority shall sign any
license
issued under this section. Three The licensing authority
shall
deliver 3 copies of the license shall
be delivered to the
applicant. by
the licensing authority. A license is void unless
used within 30 days after the date it is issued.
(5)
If an individual purchases or otherwise acquires a pistol,
firearm, the seller shall fill out the license forms describing the
pistol,
firearm, together with the date of sale or acquisition, and
sign
his or her name in ink indicating that the pistol firearm was
sold to or otherwise acquired by the purchaser. The purchaser shall
also sign his or her name in ink indicating the purchase or other
acquisition
of the pistol firearm from the seller. The seller may
retain a copy of the license as a record of the transaction. The
purchaser
shall receive 2 copies of the license. The If the firearm
is a pistol, the purchaser shall return 1 copy of the license to
the licensing authority within 10 days after the date the pistol is
purchased
or acquired. The purchaser shall return of the copy to
the
licensing authority may be made in person or may be made by
first-class mail or certified mail sent within the 10-day period to
the proper address of the licensing authority. A purchaser who
fails to comply with the requirements of this subsection is
responsible for a state civil infraction and may be fined not more
than $250.00. If a purchaser is found responsible for a state civil
infraction under this subsection, the court shall notify the
department of state police of that determination.
(6) Within 10 days after receiving the license copy for a
pistol returned under subsection (5), the licensing authority shall
electronically enter the information into the pistol entry database
as required by the department of state police if it has the ability
to electronically enter that information. If the licensing
authority does not have that ability, the licensing authority shall
provide that information to the department of state police in a
manner otherwise required by the department of state police. Any
licensing authority that provided pistol descriptions to the
department of state police under former section 9 of this act shall
continue to provide pistol descriptions to the department of state
police under this subsection. Within 48 hours after entering or
otherwise providing the information on the license copy returned
under subsection (5) to the department of state police, the
licensing authority shall forward the copy of the license to the
department
of state police. The purchaser has the right to may
obtain a copy of the information placed in the pistol entry
database under this subsection to verify the accuracy of that
information. The licensing authority may charge a fee not to exceed
$1.00 for the cost of providing the copy. The licensee may carry,
use, possess, and transport the pistol for 30 days beginning on the
date of purchase or acquisition only while he or she is in
possession of his or her copy of the license. However, the person
is not required to have the license in his or her possession while
carrying, using, possessing, or transporting the pistol after this
period.
(7)
This section does not apply to the purchase of pistols
firearms from wholesalers by dealers regularly engaged in the
business
of selling pistols firearms
at retail, or to the sale,
barter,
or exchange of pistols firearms
kept as relics or curios
not made for modern ammunition or permanently deactivated.
(8) This section does not prevent the transfer of ownership of
pistols to an heir or devisee, whether by testamentary bequest or
by the laws of intestacy regardless of whether the pistol is
registered with this state. An individual who has inherited a
pistol
firearm shall obtain a license as required in this section
within
30 days of taking physical possession of the pistol.
firearm. The license may be signed by a next of kin of the decedent
or the person authorized to dispose of property under the estates
and protected individuals code, 1998 PA 386, MCL 700.1101 to
700.8206, including when the next of kin is the individual
inheriting
the pistol. firearm. If the heir or devisee is not
qualified for a license under this section, the heir or devisee may
direct the next of kin or person authorized to dispose of property
under the estates and protected individuals code, 1998 PA 386, MCL
700.1101
to 700.8206, to dispose of the pistol firearm in any
manner that is lawful and the heir or devisee considers
appropriate. The person authorized to dispose of property under the
estates and protected individuals code, 1998 PA 386, MCL 700.1101
to 700.8206, is not required to obtain a license under this section
if
he or she takes temporary lawful possession of the pistol
firearm
in the process of disposing of the pistol
firearm pursuant
to the decedent's testamentary bequest or the laws of intestacy. A
law
enforcement agency may not seize or confiscate a pistol firearm
being transferred by testamentary bequest or the laws of intestacy
unless the heir or devisee does not qualify for obtaining a license
under this section and the next of kin or person authorized to
dispose of property under the estates and protected individuals
code, 1998 PA 386, MCL 700.1101 to 700.8206, is unable to retain
his
or her temporary possession of the pistol firearm or find
alternative lawful storage. If a law enforcement agency seizes or
confiscates
a pistol firearm under this subsection, the heir or
devisee who is not qualified to obtain a license under this section
retains
ownership interest in the pistol firearm and, within 30
days of being notified of the seizure or confiscation, may file
with a court of competent jurisdiction to direct the law
enforcement agency to lawfully transfer or otherwise dispose of the
pistol.
firearm. A pistol firearm seized under this
subsection
shall
must not be destroyed, sold, or used while in possession
of
the seizing entity or its agents until 30 days have passed since
the heir or devisee has been notified of the seizure and no legal
action regarding the lawful possession or ownership of the seized
pistol
firearm has been filed in any court and is pending. As used
in this subsection:
(a) "Devisee" means that term as defined in section 1103 of
the estates and protected individuals code, 1998 PA 386, MCL
700.1103.
(b) "Heir" means that term as defined in section 1104 of the
estates and protected individuals code, 1998 PA 386, MCL 700.1104.
(9) An individual who is not a resident of this state is not
required to obtain a license under this section if all of the
following conditions apply:
(a) The individual is licensed in his or her state of
residence
to purchase, carry, or transport a pistol.firearm.
(b) The individual is in possession of the license described
in subdivision (a).
(c)
The individual is the owner of the pistol firearm he or
she possesses, carries, or transports.
(d)
The individual possesses the pistol firearm for a lawful
purpose.
(e) The individual is in this state for a period of 180 days
or less and does not intend to establish residency in this state.
(10) An individual who is a nonresident of this state shall
present the license described in subsection (9)(a) upon the demand
of a police officer. An individual who violates this subsection is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
(11)
The licensing authority may require a person an
individual
claiming active duty status with the
United States armed
forces
Armed Forces to provide proof of 1 or both of the following:
(a)
The person's individual's home of record.
(b) Permanent active duty assignment in this state.
(12)
This section does not apply to a person an individual who
is younger than the age required under subsection (3)(b) and who
possesses
a pistol firearm if all 1 of the following
conditions
apply:applies:
(a)
The person individual is not otherwise prohibited from
possessing
that pistol.firearm and
all of the following apply:
(i) (b)
The person individual is at a recognized target range.
(ii) (c)
The person individual possesses the pistol firearm
for the purpose of target practice or instruction in the safe use
of
a pistol.firearm.
(iii) (d)
The person individual is in the physical presence
and under the direct supervision of any of the following:
(A) (i) The person's
individual's parent.
(B) (ii) The person's
individual's guardian.
(C) (iii) An
individual who is 21 years of age or older, who
is
authorized by the person's individual's
parent or guardian, and
who has successfully completed a pistol safety training course or
class that meets the requirements of section 5j(1)(a), (b), or (d),
and received a certificate of completion.
(iv) (e)
The owner of the pistol firearm is
physically
present.
(b) The individual is not otherwise prohibited from possessing
that firearm and the individual possesses the firearm for the
purpose of hunting.
(13)
This section does not apply to a person an individual who
possesses
a pistol firearm if all of the following conditions
apply:
(a)
The person individual is not otherwise prohibited from
possessing
a pistol.firearm.
(b)
The person individual is at a recognized target range or
shooting facility.
(c)
The person individual possesses the pistol firearm for
the
purpose of target practice or instruction in the safe use of a
pistol.firearm.
(d)
The owner of the pistol firearm
is physically present and
supervising
the use of the pistol.firearm.
(14) A person who forges any matter on an application for a
license under this section is guilty of a felony, punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(15) A licensing authority shall implement this section during
all of the licensing authority's normal business hours and shall
set hours for implementation that allow an applicant to use the
license within the time period set forth in subsection (4).
Sec. 2a. (1) The following individuals are not required to
obtain a license under section 2 to purchase, carry, possess, use,
or
transport a pistol:firearm:
(a) An individual licensed under section 5b, except for an
individual who has an emergency license issued under section 5a(4)
or a receipt serving as a concealed pistol license under section
5b(9) or 5l(3).
(b) A federally licensed firearms dealer.
(c)
An individual who purchases a pistol firearm from a
federally licensed firearms dealer in compliance with 18 USC
922(t).
(d) An individual currently employed as a police officer who
is licensed or certified under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(e) An individual purchasing a firearm other than a pistol who
has a federal national instant criminal background check performed
on him or her by a federally licensed firearms dealer not more than
30 days before the purchase.
(2) If an individual described in subsection (1) purchases or
otherwise
acquires a pistol, firearm,
the seller shall complete a
record in triplicate on a form provided by the department of state
police .
The record shall include that
includes the purchaser's
concealed weapon license number, the number of the purchaser's
license or certificate issued under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, or,
if the purchaser is a federally licensed firearms dealer, his or
her dealer license number. If the purchaser is not licensed under
section 5b or does not have a license or certificate issued under
the Michigan commission on law enforcement standards act, 1965 PA
203, MCL 28.601 to 28.615, and is not a federally licensed firearms
dealer,
the record shall must include the dealer license number of
the
federally licensed firearms dealer who is selling the pistol.
firearm or the dealer license number of the federally licensed
firearms dealer that performed the federal national instant
criminal background check. The purchaser shall sign the record. The
seller may retain 1 copy of the record. The purchaser shall receive
2 copies of the record and, if the firearm is a pistol, forward 1
copy to the police department of the city, village, or township in
which the purchaser resides, or, if the purchaser does not reside
in a city, village, or township having a police department, to the
county sheriff, within 10 days following the purchase or
acquisition.
The purchaser shall return of the copy to the police
department
or county sheriff may be made in person or may be made
by first-class mail or certified mail sent within the 10-day period
to the proper address of the police department or county sheriff. A
purchaser who fails to comply with the requirements of this
subsection is responsible for a state civil infraction and may be
fined not more than $250.00. If a purchaser is found responsible
for a state civil infraction under this subsection, the court shall
notify the department of state police. If the purchaser is licensed
under section 5b, the court shall notify the licensing authority of
that determination.
(3) Within 10 days after receiving the record copy for a
pistol returned under subsection (2), the police department or
county sheriff shall electronically enter the information into the
pistol entry database as required by the department of state police
if it has the ability to electronically enter that information. If
the police department or county sheriff does not have that ability,
the police department or county sheriff shall provide that
information to the department of state police in a manner otherwise
required by the department of state police. Any police department
or county sheriff that provided pistol descriptions to the
department of state police under former section 9 of this act shall
continue to provide pistol descriptions to the department of state
police under this subsection. Within 48 hours after entering or
otherwise providing the information on the record copy returned
under subsection (2) to the department of state police, the police
department or county sheriff shall forward the copy of the record
to
the department of state police. The purchaser has the right to
may obtain a copy of the information placed in the pistol entry
database under this subsection to verify the accuracy of that
information. The police department or county sheriff may charge a
fee not to exceed $1.00 for the cost of providing the copy. The
purchaser may carry, use, possess, and transport the pistol for 30
days beginning on the date of purchase or acquisition only while he
or she is in possession of his or her copy of the record. However,
the
person individual is not required to have the record in his or
her possession while carrying, using, possessing, or transporting
the pistol after this period.
(4) This section does not apply to a person or entity exempt
under section 2(7).
(5) An individual who makes a material false statement on a
sales record under this section is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,500.00, or both.
(6) The department of state police may promulgate rules to
implement this section.
(7) The Michigan commission on law enforcement standards shall
provide license or certificate information, as applicable, to the
department of state police to verify the requirements of this
section.
(8) As used in this section:
(a) "Federally licensed firearms dealer" means a person
licensed to sell firearms under 18 USC 923.
(b) "Person" means an individual, partnership, corporation,
association, or other legal entity.
Sec. 2b. (1) Except as provided in subsection (5), upon entry
of an order or disposition into the law enforcement information
network under any provision of law described in section 2(3)(a),
the department of state police shall immediately send written
notice
of that entry to the person individual
who is the subject of
the order or disposition. The notice shall be sent by first-class
mail
to the last known address of the person. individual. The
notice shall include at least all of the following:
(a)
The name of the person.individual.
(b) The date the order or disposition was entered into the law
enforcement information network.
(c)
A statement that the person individual
cannot obtain a
license
to purchase a pistol firearm
or obtain a concealed weapon
license until the order or disposition is removed from the law
enforcement information network.
(d)
A statement that the person individual
may request that
the state police correct or expunge inaccurate information entered
into the law enforcement information network.
(2)
A person An individual who is the subject of an order
entered into the law enforcement information network under any
provision of law described in section 2(3)(a) may request that the
department of state police do either of the following:
(a) Amend an inaccuracy in the information entered into the
law enforcement information network under any provision of law
described in section 2(3)(a).
(b)
Expunge the person's individual's
name and other
information
concerning the person individual
from the law
enforcement information network regarding 1 or more specific
entries in the law enforcement information network under any
provision of law described in section 2(3)(a) because 1 or more of
the following circumstances exist:
(i) The person individual is not subject to
an order of
involuntary commitment in an inpatient or outpatient setting due to
mental illness.
(ii) The person individual is not subject to
an order or
disposition
determining that the person individual
is legally
incapacitated.
(iii) The person individual is not subject to
a personal
protection order issued under any of the following:
(A) Section 2950 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950.
(B) Section 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950a.
(C) Section 14 of 1846 RS 84, MCL 552.14.
(iv) The person individual is not subject to
an order for
release subject to protective conditions that prohibits the
purchase
or possession of a firearm by the person individual issued
under section 6b of chapter V of the code of criminal procedure,
1927 PA 175, MCL 765.6b.
(3) Before the expiration of 30 days after a request is made
to amend an inaccuracy in the law enforcement information network
under subsection (2)(a) or to expunge 1 or more specific entries
from the law enforcement information network under subsection
(2)(b)(i) to (iv), the department of state police shall conduct an
investigation concerning the accuracy of the information contained
in the law enforcement information network, either grant or deny
the request and provide the person with written notice of that
grant
or denial. A notice of denial shall must include a statement
specifying the basis of the denial, and that a person may appeal
the denial pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(4)
If the department of state police refuses a request by a
person
an individual for amendment or expunction under subsection
(2), or fails to act within 30 days after receiving the request
under
subsection (2), the person individual
may request a hearing
before a hearing officer appointed by the department of state
police for a determination of whether information entered into the
law enforcement information network should be amended or expunged
because it is inaccurate or false. The department of state police
shall conduct the hearing pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(5) The department of state police shall not send written
notice of an entry of an order or disposition into the law
enforcement information network as required for a personal
protection order issued under section 2950 or 2950a of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
until that department has received notice that the respondent of
the order has been served with or has received notice of the
personal protection order.
Sec. 12. (1) Section 2 does not apply to any of the following:
(a) A police or correctional agency of the United States or of
this state or any subdivision of this state.
(b)
The United States army, air force, navy, or marine
corps.Army, Air Force, Navy, or Marine Corps.
(c) An organization authorized by law to purchase or receive
weapons from the United States or from this state.
(d)
The national guard, National
Guard, armed forces reserves,
or other duly authorized military organization.
(e) A member of an entity or organization described in
subdivisions
(a) through (d) for a pistol firearm
while engaged in
the course of his or her duties with that entity or while going to
or returning from those duties.
(f) A United States citizen holding a license to carry a
pistol concealed upon his or her person issued by another state.
(g) The regular and ordinary possession and transportation of
a
pistol firearm as merchandise by an authorized agent of a person
licensed to manufacture firearms or a licensed dealer.
(h) Purchasing, owning, carrying, possessing, using, or
transporting an antique firearm. As used in this subdivision,
"antique firearm" means that term as defined in section 231a of the
Michigan penal code, 1931 PA 328, MCL 750.231a.
(i) An individual carrying, possessing, using, or transporting
a pistol belonging to another individual, if the other individual's
possession of the pistol is authorized by law and the individual
carrying, possessing, using, or transporting the pistol has
obtained a license under section 5b to carry a concealed pistol or
is exempt from licensure as provided in section 12a.
(2) The amendatory act that added subsection (1)(h) shall be
known and may be cited as the "Janet Kukuk act".
Sec. 14a. (1) A law enforcement agency that seizes or
otherwise comes into possession of a firearm or a part of a firearm
subject to disposal under section 14 may, instead of forwarding the
firearm or part of a firearm to the director of the department of
state police or his or her designated representative for disposal
under that section, retain that firearm or part of a firearm for
the following purposes:
(a) For legal sale or trade to a federally licensed firearm
dealer. The law enforcement agency shall only use the proceeds from
any
sale or trade under this subdivision shall be used by the law
enforcement
agency only for law enforcement
purposes. The law
enforcement agency shall not sell or trade a firearm or part of a
firearm under this subdivision to any individual who is a member of
that law enforcement agency unless the individual is a federally
licensed firearms dealer and the sale is made pursuant to a public
auction.
(b) For official use by members of the seizing law enforcement
agency
who are employed as peace officers. A The law enforcement
agency
shall not sell a firearm or part of a
firearm shall not be
sold
under this subdivision.
(2)
A law enforcement agency that sells or trades any pistol
firearm to a licensed dealer under subsection (1)(a) or retains any
pistol
firearm under subsection (1)(b) shall complete a record of
the transaction under section 2 or section 2a, as applicable.
(3) A law enforcement agency that sells or trades a firearm or
part of a firearm under this section shall retain a receipt of the
sale
or trade for a period of not less than 7 years. The law
enforcement agency shall make all receipts retained under this
subsection available for inspection by the department of state
police upon demand and for auditing purposes by the state and the
local unit of government of which the agency is a part.
(4) Before disposing of a firearm under this section, the law
enforcement agency 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 law enforcement agency shall
provide 30 days' written notice of its 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 is
authorized to possess the firearm. If the police agency determines
that a serial number has been altered or has been removed or
obliterated from the firearm, the police agency shall submit the
firearm to the department of state police or a forensic laboratory
for serial number verification or restoration to determine legal
ownership.
(b) Provide 30 days' notice to the public on a website
maintained by the law enforcement agency of its 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 law enforcement
agency shall allow the owner of the firearm to claim the firearm
within that 30-day period if he or she 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).
(5) The law enforcement agency is immune from civil liability
for disposing of a firearm in compliance with this section.
(6) As used in this section, "law enforcement agency" means
any agency that employs peace officers.