THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.239 Forfeiture of weapons; disposal; immunity from civil liability. Sec. 239.
(1) Except as provided in subsection (2) and subject to section 239a, all pistols, weapons, or devices carried, possessed, or used contrary to this chapter are forfeited to the state and shall be turned over to the department of state police for disposition as determined appropriate by the director of the department of state police or his or her designated representative. (2) The director of the department of state police shall dispose of firearms under this section by 1 of the following methods: (a) By conducting a public auction in which firearms received under this section may be purchased at a sale conducted in compliance with section 4708 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4708, by individuals authorized by law to possess those firearms. (b) By destroying them. (c) By any other lawful manner prescribed by the director of the department of state police. (3) Before disposing of a firearm under this section, the director of the department of state police 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 director of the department of state police shall provide 30 days' written notice of his or her 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. (b) Provide 30 days' notice to the public on the department of state police website of his or her 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 department of state police 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). (4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.239 ;-- Am. 1949, Act 168, Eff. Sept. 23, 1949 ;-- Am. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 2010, Act 294, Imd. Eff. Dec. 16, 2010
Analysis of Michigan Penal Code Section 239
The provided excerpt is from Act 328 of 1931, which includes Section 239 of the Michigan Penal Code. This section pertains to the forfeiture and disposal of pistols, weapons, or devices that are carried, possessed, or used in violation of the provisions outlined in this chapter. It also addresses the immunity from civil liability for the Department of State Police in relation to the disposal of firearms.
Forfeiture and Disposal of Weapons
- Unless otherwise stated in subsection (2) and subject to Section 239a, all pistols, weapons, or devices that are carried, possessed, or used in contravention of the regulations specified in this chapter are considered forfeited to the state.
- The Director of the Department of State Police is responsible for determining the appropriate disposition of the forfeited firearms. The director may choose one of the following methods for disposal:
- (a) Conduct a public auction in accordance with Section 4708 of the Revised Judicature Act of 1961, where authorized individuals can purchase the firearms.
- (b) Destroy the firearms.
- (c) Employ any other lawful manner prescribed by the director.
- Prior to disposing of a firearm under this section, the director of the Department of State Police must fulfill the following obligations:
- (a) Utilize the law enforcement information network to determine if the firearm has been reported lost or stolen. If such a report exists and the owner's name and address are ascertainable, the director shall provide written notice, within a 30-day period, of the intent to dispose of the firearm. The owner is given an opportunity to claim the firearm during this period if they are authorized to possess it.
- (b) Publish a 30-day notice on the Department of State Police website, indicating the intent to dispose of the firearm. The notice should include a description of the firearm, including its serial number if available. During this 30-day period, the owner may claim the firearm if they are authorized to possess it. This notice period is in addition to the 30-day notice provided under subsection (a).
Immunity from Civil Liability
The Department of State Police is immune from civil liability arising from the disposal of a firearm in compliance with the provisions outlined in this section.
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 239 was originally enacted as part of Act 328 of 1931 and has been subsequently incorporated into the Michigan Compiled Laws as MCL 750.239.