THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.239a Disposition of seized weapon; immunity from civil liability; "law enforcement agency" defined. Sec. 239a.
(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 239 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 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 firearm or part of a firearm shall not be sold under this subdivision. (2) A law enforcement agency that sells or trades any pistol to a licensed dealer under subsection (1)(a) or retains any pistol 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 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.
History: Add. 1996, Act 496, Eff. Mar. 31, 1997 ;-- Am. 2010, Act 294, Imd. Eff. Dec. 16, 2010
Analysis of Michigan Penal Code Section 239a
The provided excerpt is from Act 328 of 1931, which includes Section 239a of the Michigan Penal Code. This section deals with the disposition of seized firearms and provides immunity from civil liability to law enforcement agencies involved in the disposal process.
Disposition of Seized Firearms
- A law enforcement agency that seizes or comes into possession of a firearm or part of a firearm that is subject to disposal under Section 239 may choose to retain the firearm for the following purposes:
- (a) For legal sale or trade to a federally licensed firearm dealer. The proceeds from any sale or trade must be used exclusively for law enforcement purposes. The law enforcement agency is prohibited from selling or trading a firearm to any member of the agency, except if the member is a federally licensed firearms dealer, and the sale is conducted through a public auction.
- (b) For official use by the peace officers employed within the seizing law enforcement agency. Firearms or parts of firearms retained under this provision cannot be sold.
- If a law enforcement agency sells or trades a pistol to a licensed dealer under subsection (1)(a) or retains a pistol under subsection (1)(b), it must complete a record of the transaction as required by Section 2 or Section 2a, depending on the applicability.
- A law enforcement agency that sells or trades a firearm or part of a firearm under this section must retain a receipt of the sale or trade for a minimum period of 7 years. These receipts must be made available for inspection by the Department of State Police upon demand and for auditing purposes by the state and the local government unit to which the agency belongs.
- Before disposing of a firearm under this section, the law enforcement agency must fulfill the following obligations:
- (a) Determine through the law enforcement information network if the firearm has been reported lost or stolen. If the firearm is reported lost or stolen and the owner's name and address can be determined, the agency must provide written notice, within a 30-day period, to the owner, informing them of the intent to dispose of the firearm. The owner is allowed to claim the firearm within that 30-day period if they are authorized to possess it. If the police agency suspects that the firearm's serial number has been altered, removed, or obliterated, they must submit the firearm to the Department of State Police or a forensic laboratory for verification or restoration of the serial number to establish legal ownership.
- (b) Provide 30 days' notice on a website maintained by the law enforcement agency regarding the intent to dispose of the firearm. The notice must include a description of the firearm, including its serial number if available. The agency must allow the owner of the firearm to claim it within the 30-day period if they are authorized to possess it. This 30-day notice period is in addition to the 30-day notice required under subsection (a).
Immunity from Civil Liability
Law enforcement agencies involved in disposing of firearms under this section are granted immunity from civil liability.
Definition
In this section, "law enforcement agency" refers to any agency that employs peace officers.
Please note that this analysis is provided for informational purposes only and should not be considered legal advice. For accurate and up-to-date information, it is advisable to consult legal professionals or refer to the complete and current version of the Michigan Penal Code.
Section 239a was added to the Michigan Penal Code by Act 496 of 1996 and has been subsequently amended by Act 294 of 2010.