Bill Text: MI HB4872 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Weapons; firearms; procedures for selling or storing a firearm when ordered by the court not to possess a firearm; clarify. Amends 1927 PA 372 (MCL 28.421 - 28.435) by adding sec. 4a.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2013-07-03 - Printed Bill Filed 06/21/2013 [HB4872 Detail]

Download: Michigan-2013-HB4872-Introduced.html

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HOUSE BILL No. 4872

 

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.