firearms laws Mich 2024

FIREARMS LAWS OF MICHIGAN

counseling; periodic progress reviews; and specified immediate consequences for failure to abide by a condition. A parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor, the individual may include proposed conditions in a petition for reinstatement submitted under this subsection. (7) A school board or school administrator that complies with subsection (2) is not liable for damages for expelling a pupil under subsection (2), and the authorizing body of a public school academy is not liable for damages for expulsion of a pupil by the public school academy under subsection (2). (8) The department shall develop and distribute to all school districts a form for a petition for reinstatement to be used under subsection (6). (9) This section does not diminish any rights under federal law of a pupil who has been determined to be eligible for special education programs and services. (10) If a pupil expelled from a public school district under subsection (2) is enrolled by a public school district sponsored alternative education program or a public school academy during the period of expulsion, the public school academy or alternative education program shall immediately become eligible for the prorated share of either the public school academy or operating school district’s foundation allowance or the expelling school district’s foundation allowance, whichever is higher. (11) If an individual is expelled under subsection (2), it is the responsibility of that individual and of his or her parent or legal guardian to locate a suitable alternative educational program and to enroll the individual in such a program during the expulsion. The office of safe schools in the department shall compile information on and catalog existing alternative education programs or schools and nonpublic schools that may be open to enrollment of individuals expelled under subsection (2) and under section 1311a, and shall periodically distribute this information to school districts for distribution to expelled individuals. A school board that establishes an alternative education program or school described in this subsection shall notify the office of safe schools about the program or school and the types of pupils it serves. The office of safe schools also shall work with and provide technical assistance to school districts, authorizing bodies for public school academies, and other interested parties in developing these types of alternative education programs or schools in geographic areas that are not being served. (12) As used in this section: (a) “Arson” means a felony violation of chapter X of the Michigan penal code, 1931 PA 328, MCL 750.71 to 750.79. (b) “Criminal sexual conduct” means a violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g. (c) “Dangerous weapon” means that term as defined in section 1313. (d) “Firearm” means that term as defined in section 921 of title 18 of the United States Code, 18 USC 921. (e) “School board” means a school board, intermediate school board, or the board of directors of a public school academy. (f) “School district” means a school district, intermediate school district, or public school academy. (g) “Weapon free school zone” means that term as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a. History: 1976, Act 451, Imd. Eff. Jan. 13, 1977;—Am. 1993, Act 335, Imd. Eff. Dec. 31, 1993;—Am. 1994, Act 328, Eff. Jan. 1, 1995;—Am. 1995, Act 250, Imd. Eff. Jan. 2, 1996;—Am. 1999, Act 23, Imd. Eff. May 12, 1999;—Am. 2007, Act 138, Imd. Eff. Nov. 13, 2007;—Am. 2008, Act 1, Imd. Eff. Jan. 11, 2008;—Am. 2016, Act 364, Eff. Aug. 1, 2017;—Am. 2018, Act 145, Eff. Aug. 8, 2018. Popular name: Act 451 380.1313 Dangerous weapon found in possession of pupil; report; confiscation by school official; determination of legal owner; “dangerous weapon” defined. Sec. 1313. (1) If a dangerous weapon is found in the possession of a pupil while the pupil is in attendance at school or a school activity or while the pupil is enroute to or from school on a school bus, the superintendent of the school district or intermediate school district, or his or her designee, immediately shall report that finding to the pupil’s parent or legal guardian and the local law enforcement agency. (2) If a school official finds that a dangerous weapon is in the possession of a pupil as described in subsection (1), the school official may confiscate the dangerous weapon or shall request a law enforcement agency to respond as soon as possible and to confiscate the dangerous weapon. If a school official confiscates a dangerous weapon under this subsection, the school official shall give the dangerous weapon to a law enforcement agency and shall not release the dangerous weapon to any other person, including the legal owner of the dangerous weapon. A school official who complies in good faith with this section is not civilly or criminally liable for that compliance. (3) A law enforcement agency that takes possession of a dangerous weapon under subsection (2) shall check all available local and state stolen weapon and stolen property files and the national crime information center stolen gun and property files to determine the legal owner of the dangerous weapon. If the dangerous weapon is a pistol, the law enforcement agency also shall check the state pistol registration records to determine the legal owner. If the law enforcement agency is able to determine the legal owner of the dangerous weapon, and if the legal owner did not knowingly provide the dangerous weapon to the pupil or lawfully provided the dangerous weapon to the pupil but did not know or have reason to know that the pupil would possess the dangerous weapon while in attendance at school or a school activity or while en route to or from school on a school bus, the law enforcement agency shall send by certified mail to the legal owner a notice that the agency is in possession of the dangerous weapon and that the legal owner has 90 days from receipt of the notice to claim the dangerous weapon. (4) As used in this section, “dangerous weapon” means a firearm, dagger, dirk, stiletto, knife with a blade over 3 inches in

length, pocket knife opened by a mechanical device, iron bar, or brass knuckles. History: Add. 1987, Act 211, Imd. Eff. Dec. 22, 1987;  Am. 1995, Act 76, Eff. Aug. 1, 1995. Popular name: Act 451

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