Bill Text: MI HB5659 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; search and seizure; seizure of firearms and ammunition during a domestic violence incident; allow. Amends title of 1927 PA 372 (MCL 28.421 - 28.435) & adds sec. 6b.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-10-02 - Recommendation Concurred In [HB5659 Detail]
Download: Michigan-2013-HB5659-Introduced.html
HOUSE BILL No. 5659
June 11, 2014, Introduced by Reps. Santana, Zemke, Irwin, Stallworth, Hobbs, Hovey-Wright and Geiss and referred to the Committee on Judiciary.
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,"
(MCL 28.421 to 28.435) by amending the title, as amended by 2012 PA
123, and by adding section 6b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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,
ammunition, 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.
Sec. 6b. (1) A peace officer who responds to a domestic
violence incident may seize any firearm or ammunition on the
premises if the peace officer believes that the firearm or
ammunition may expose a victim of domestic violence to the risk of
bodily injury and the peace officer has either of the following:
(a) Probable cause to believe that a domestic violence
incident has occurred.
(b) Probable cause to believe that the alleged perpetrator is
in violation of a personal protection order, of a conditional
release order, or of a court order prohibiting the possession or
use of firearms or ammunition.
(2) If a firearm or ammunition is seized under subsection (1),
the law enforcement agency seizing the firearm or ammunition shall
safely store the firearm or ammunition during the pendency of a
proceeding related to the alleged domestic violence incident. The
law enforcement agency shall keep an inventory of all items seized
under subsection (1).
(3) Within 7 days after a firearm or ammunition is seized
under subsection (1), the agency in possession of the seized
firearm or ammunition shall give notice of the seizure to each of
the following persons:
(a) The owner of the firearm or ammunition.
(b) A victim of the domestic violence.
(4) The notice required under subsection (3) shall be a
written notice delivered to the person or sent to the person by
certified mail. If the name and address of the person are not
reasonably ascertainable or delivery of the notice cannot
reasonably be accomplished, the notice shall be published in a
newspaper of general circulation in the county in which the firearm
or ammunition was seized for 10 successive publishing days.
(5) Except as otherwise prohibited by law or by personal
protection order or if the seized property has been secured as
evidence in a pending criminal investigation, firearms or
ammunition seized under subsection (1) shall be returned to the
owner within 7 days after the occurrence of any of the following:
(a) A prosecuting attorney determines that there is
insufficient probable cause to authorize a criminal proceeding.
(b) A court dismisses the complaint due to insufficient
probable cause.
(c) The presiding magistrate makes a subsequent finding that
the defendant may use or possess firearms or ammunition.
(d) The defendant is found not guilty of the charges.
(e) The presiding court orders the return of the firearm or
ammunition.
(6) The agency in possession of the seized firearm or
ammunition shall give notice to a victim of the domestic violence
when a firearm or ammunition is returned under subsection (5).
(7) This section does not impair the right of the prosecuting
attorney or law enforcement agency to retain firearms or ammunition
seized under this section pending a criminal investigation.
(8) As used in this section, "domestic violence" means that
term as defined in section 1 of 1978 PA 389, MCL 400.1501.
