June 20, 2013, Introduced by Reps. Barnett, Townsend, Switalski, Slavens, Hovey-Wright and Schor 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 adding section 4a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4a. (1) If a person who possesses a firearm is ordered by
the court in a proceeding set forth in subsection (2) not to
possess a firearm, the person shall do 1 of the following within 24
hours after the order is issued or, with the leave of the court for
good cause shown, within 48 hours after the order is issued:
(a) Arrange for a law enforcement agency to store the firearm.
(b) Sell or transfer possession of the firearm to a licensed
dealer.
(c) Sell or transfer possession of the firearm to a private
party who is not prohibited by law from owning or possessing that
firearm.
(2) Subsection (1) applies to a court order issued under any
of the following:
(a) Sections 2950 and 2950a of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
(b) 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.
(3) If a person is unable to satisfy the requirements of
subsection (1) because he or she is incarcerated or otherwise held
in the custody of a law enforcement agency, the court shall require
the person to relinquish any firearm in his or her possession or
control as provided in this section upon release from that
incarceration or custody.
(4) If a law enforcement agency elects to store a firearm
under this section, all of the following apply:
(a) The law enforcement agency may charge a fee for that
storage. The fee shall not exceed the actual costs incurred by the
law enforcement agency for storing the firearm.
(b) The law enforcement agency shall issue a receipt for the
firearm. The receipt shall contain the name of the law enforcement
agency, the date the law enforcement agency received the firearm,
and a description of the firearm including the serial number, if
any. If more than 1 firearm is stored under this subdivision, all
of the firearms that are stored may be listed on a single receipt.
(c) The law enforcement agency may dispose of a firearm that
is not reclaimed by the owner within 30 days after the storage
period has ended. Disposal shall be in the manner provided in
section 14a.
(5) A person who purchases, receives, or stores a firearm
under this section shall not knowingly return the firearm to the
person during the period in which he or she is prohibited from
possessing a firearm.
(6) If the person sells or otherwise transfers a firearm under
this section to another person, the person shall obtain a written
receipt from that other person acknowledging receipt of the
firearm. The receipt shall contain the name and address of that
other person, the date of sale or transfer, a description of the
firearm including the serial number, if any, and a statement
acknowledging that the person has taken physical possession of the
firearm. If the person is taking possession of the firearm for a
specific period of time, the receipt shall specify the date on
which the firearm is to be returned. The receipt shall be signed by
the other person. If more than 1 firearm is sold or transferred
under this subdivision, then all of the firearms sold or
transferred may be listed on a single receipt. The requirements of
this section are in addition to any other requirements for the
lawful sale or transfer of the firearm.
(7) The person who is the subject of an order described in
subsection (1) shall return the receipt he or she obtains from the
person who has purchased, received, or stored the firearm to the
court within 72 hours after selling, transferring, or storing that
firearm.
(8) A person who violates this section is guilty of a crime as
follows:
(a) Except as provided in subdivision (b), a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of
not more than $1,000.00, or both.
(b) If the person fails to comply with the requirements of
subsection (5), a misdemeanor punishable by imprisonment for not
more than 30 days or a fine of not more than $100.00, or both.