§ 750.239aDisposition 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



                                                                    Michigan Compiled Laws Complete Through PA 91 of 2026
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 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.