SENATE BILL No. 527

 

 

September 6, 2017, Introduced by Senators CASPERSON and SCHUITMAKER and referred to the Committee on Families, Seniors and Human Services.

 

 

     A bill to amend 1994 PA 203, entitled

 

"Foster care and adoption services act,"

 

(MCL 722.951 to 722.960) by adding section 8b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8b. (1) A person who may lawfully possess a firearm under

 

state law may possess the firearm, whether loaded or unloaded, or

 

ammunition while on the premises of a foster home in accordance

 

with the provisions of this section.

 

     (2) Except as otherwise provided in subsection (4), a person

 

described in subsection (1) who possesses a firearm or ammunition

 

while on the premises of a foster home must store the firearm or

 

ammunition in a locked secure storage container except in the

 

following circumstances:

 

     (a) If the firearm or ammunition is used for a lawful purpose,


that may include, but is not limited to, an educational or

 

recreational purpose, hunting, the defense of a person or property,

 

or cleaning or servicing the firearm.

 

     (b) If the firearm or ammunition is inoperable and solely

 

ornamental.

 

     (3) A person who stores a firearm or ammunition on the

 

premises of a foster home in a locked secure storage container as

 

required under subsection (2) shall ensure that a key, combination,

 

or access code to the locked secure storage container is kept in

 

the reasonably secure possession of an adult or a locked

 

combination or biometric safe.

 

     (4) A person who is authorized to possess a firearm on the

 

premises of a foster home under subsection (1) may carry a firearm

 

on his or her person while in the presence of a foster child,

 

including, but not limited to, while operating or riding in a motor

 

vehicle, if the person does all of the following:

 

     (a) Keeps the firearm in a holster or similarly secure case.

 

     (b) Carries the firearm in a manner that ensures the firearm

 

is inaccessible to the foster child and is in the possession and

 

control of an adult who may lawfully possess the firearm or

 

ammunition.

 

     (c) Returns the firearm to a locked storage container when the

 

firearm is on the premises of the foster home or in the presence of

 

a foster child and is not being carried on his or her person in

 

accordance with this subsection or being used for a lawful purpose.

 

     (5) A supervising agency is immune from civil or criminal

 

liability for an injury resulting from the use of a firearm or


ammunition that is stored on the premises of a foster home or is

 

carried by a provider of foster care or any other person who

 

resides in a foster home.

 

     (6) As used in this section, "secure storage container" means

 

a device, including, but not limited to, a safe, gun safe, secure

 

gun case, or lock box, that is marketed commercially for storing a

 

firearm or ammunition and is designed to be unlocked only by means

 

of a key, a combination, a biometric lock, or other similar means.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.