Bill Text: MI SB0934 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Weapons; firearms; license or background check for purchase of firearms; require. Amends secs. 2, 2a, 2b, 12 & 14a of 1927 PA 372 (MCL 28.422 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-12 - Referred To Committee On Government Operations [SB0934 Detail]

Download: Michigan-2017-SB0934-Introduced.html

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SENATE BILL No. 934

 

 

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.