Michigan Senate Bill SB1137

Michigan 2023-2024 Regular Session

• Introduced: 11/26/24
• Refer: 11/26/24

Caption

Weapons: concealed; sale of weapons seized by a law enforcement agency under 1927 PA 372; prohibit. Amends secs. 14 & 14a of 1927 PA 372 (MCL 28.434 & 28.434a).

Impact

The amendments aim to enhance the accountability of law enforcement agencies and clarify the procedures involved in the disposal of firearms. It also institutes a requirement for agencies to provide notice to firearm owners about the intent to dispose of their property. This notice must be made both to the owner and publicly, thereby adding a layer of transparency to the process. Additionally, law enforcement agencies are granted immunity from civil liability when disposing of firearms, facilitating a more streamlined approach to handling seized items.

Summary

Senate Bill 1137 proposes amendments to the existing 1927 PA 372, which regulates and licenses firearms and certain devices. The bill primarily focuses on the process of disposing of seized or forfeited firearms by law enforcement agencies. It mandates that any firearm or device that is carried or possessed contrary to the law must be turned over to the state police for appropriate disposal, which could include public auction, destruction, or other lawful means as determined by the department of state police. This ensures that firearms no longer in use or illegally held are not returned to the public without proper oversight.

Contention

Notable points of contention surrounding SB1137 may arise from debates on the implications of civil liability immunity for law enforcement, as it could potentially reduce accountability in cases of wrongful disposal. Moreover, there may be concerns about the effectiveness of the notice provisions, particularly regarding individuals who may not receive timely notification about their seized firearms. Discussion may also focus on the efficacy of public auctions versus destruction as means of disposal, with varying opinions on which method serves the interests of public safety and accountability more effectively.