state of michigan

102nd Legislature

Regular session of 2024

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

ENROLLED HOUSE BILL No. 6146

AN ACT to amend 1931 PA 328, entitled ?An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,? by amending section 239 (MCL 750.239), as amended by 2010 PA 294.

The People of the State of Michigan enact:

Sec. 239. (1) Except as provided in subsection (2) and subject to section 239a, all pistols, weapons, or devices carried, possessed, or used contrary to this chapter are forfeited to this state and must be turned over to the department of state police for disposition as determined appropriate by the director of the department of state police or the director?s designated representative.

(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