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.