Michigan Senate Bill SB1138

Michigan 2023-2024 Regular Session

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

Caption

Weapons: firearms; sale of weapons seized by a law enforcement agency under the penal code; prohibit. Amends secs. 239 & 239a of 1931 PA 328 (MCL 750.239 & 750.239a).

Impact

The bill aims to establish clearer guidelines surrounding the disposal of forfeited firearms, which could help streamline processes for law enforcement agencies. Notably, it grants immunity from civil liability for these agencies when they comply with the disposal requirements set forth in the law. This move could protect law enforcement from legal challenges related to their disposal processes, thus incentivizing adherence to proper protocols.

Summary

Senate Bill 1138 proposes amendments to the Michigan Penal Code, specifically targeting how law enforcement agencies handle firearms that are seized or otherwise come into their possession. Under the new provisions, all pistols and other weapons carried or used contrary to the law would be forfeited to the state. The bill outlines specific procedures for the disposal of such firearms, primarily mandated by the Director of the Department of State Police. This includes options for public auction, destruction, or other lawful disposition methods as determined by the director.

Contention

One point of contention surrounding SB1138 arises from the loopholes it may introduce in terms of transparency and accountability. While it allows for the retention of firearms for legal sales to federally licensed dealers and use by peace officers, critics argue that this could lead to abuses or conflicts of interest if not properly regulated. Additionally, the public may express concern over the fate of firearms that are reported as lost or stolen, requiring significant oversight to ensure that these cases are handled with due diligence.