Legal Information: Michigan

State Gun Laws

October 19, 2022

If the abuser's gun is taken away, what will happen to it?

In Michigan, any gun that is possessed illegally or used to commit a crime can be taken away (seized) by the police. The police agency that seized the gun can keep the gun for their own use, transfer it to a federally licensed firearms dealer, or transfer it to the Michigan State Police.1 If the gun is transferred to the Michigan State Police, they can auction off the gun, destroy it, or otherwise get rid of it. Before doing any of these, the Michigan State Police will issue a notice on their website for 30 days. Also, if the gun was stolen, the State Police will send a notice to the owner, if they know who the owner is. If the gun is not claimed during those 30 days, then it will be destroyed or disposed of.2

If the abuser is ordered to not possess firearms as part of your personal protection order, the clerk of the court is supposed to immediately notify the concealed weapon licensing board in the county where the abuser lives.3 However, it is not clear whether the abuser must give his/her firearms to law enforcement or if s/he can get rid of them in another way. You may want to ask the judge in your PPO case to clarify.

1 MCL § 750.239a
2 MCL §§ 750.239; 28.434
3 MCL § 600.2950(15)(d)

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