THE MICHIGAN PENAL CODE
Act 328 of 1931
750.239 Forfeiture of weapons; disposal; immunity from civil liability.
Sec. 239.
(1) Except as provided in subsection (2) and subject to section 239a, all pistols, weapons, or devices carried, possessed, or used contrary to this chapter are forfeited to this state and must be turned over to the department of state police for disposition as determined appropriate by the director of the department of state police or the director's designated representative.
(2) The director of the department of state police shall dispose of firearms under this section by destroying them. The director shall ensure that all parts of a firearm disposed of under this section are destroyed.
(3) Before disposing of a firearm under this section, the director of the department of state police 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 director of the department of state police shall provide 30 days' written notice of the director's 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 the owner is authorized to possess the firearm.
(b) Provide 30 days' notice to the public on the department of state police website of the director's intent to dispose of the firearm under this section. The notice must include a description of the firearm and state the firearm's serial number, if the serial number can be determined. The department of state police shall allow the owner of the firearm to claim the firearm within that 30-day period if the owner 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).
(4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.239 ;-- Am. 1949, Act 168, Eff. Sept. 23, 1949 ;-- Am. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 2010, Act 294, Imd. Eff. Dec. 16, 2010 ;-- Am. 2024, Act 267, Eff. Apr. 2, 2025
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 1983–2025 · leading case:
People v. Minch, 825 N.W.2d 560 (Mich. 2012).
People v. Minch, 825 N.W.2d 560 (Mich. 2012).
“224f, the weapons would be subject to forfeiture pursuant to MCL 750.239. 11 A constructive bailment “arises.”
People v. Harris, 406 N.W.2d 307 (Mich. Ct. App. 1987).
“553, misdemeanor manslaughter, MCL 750.239; MSA 28.436, or reckless use of a firearm resulting in death, MCL 752.”
People of Michigan v. Donald Joseph Brewczynski Sr (Mich. Ct. App. 2015).
· cites it 15× “357 Magnum revolver, be forfeited pursuant to MCL 750.239. Defendant then moved the trial court for a return of the revolver and the court denied the motion on June 24, 2014.”
Novak v. Federspiel (E.D. Mich. 2022).
· cites it 7× “LAWS §§ 750.239, .239a (2010)). Judge Borrello also explained that Plaintiffs could initiate “the expedited [forfeiture] hearing to which [they are] entitled under state law,” avoiding “the more cumbersome and expensive process” for a civil cause of action for claim and delivery.”
People v. Switras, 550 N.W.2d 842 (Mich. Ct. App. 1996).
· cites it 3× “Defendant was ordered to pay a fine and to forfeit the firearm used during the commission of the crime, pursuant to MCL 750.239; MSA 28.436. Defendant appealed the forfeiture order as of right to the Lapeer Circuit Court.”
People v. Thompson, 335 N.W.2d 712 (Mich. Ct. App. 1983).
“” MCL 750.239; MSA 28.436. The statute provides for an absolute forfeiture of firearms if they are carried, possessed, or used contrary to Chapter 37 of the Michigan Penal Code.”
Novak v. Federspiel (E.D. Mich. 2023).
· cites it 2× “LAWS §§ 750.239, .239a (2010)). 32. Judge Borrello also explained that Plaintiffs Gerald Novak and Adam Wenzel could initiate “the expedited [forfeiture] hearing to which [they are] entitled under state law,” avoiding “the more cumbersome and expensive process” for a civil cause…”
People of Michigan v. Joel Eusevio Davis (Mich. Ct. App. 2017).
“The defendant in Doss, 406 Mich at 97 , was charged with manslaughter pursuant to MCL 750.239, which defined the offense as causing death by certain acts done “intentionally but without malice.”
People of Michigan v. Joel Eusevio Davis (Mich. Ct. App. 2017).
“The defendant in Doss, 406 Mich at 97 , was charged with manslaughter pursuant to MCL 750.239, which defined the offense as causing death by certain acts done “intentionally but without malice.”
People of Michigan v. Daniel Joseph Debono (Mich. Ct. App. 2023).
“411); MCL 750.239(4) (“The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.”
People of Michigan v. Robert Lee Curry (Mich. Ct. App. 2015).
“The trial court sentenced defendant to 35 to 60 years’ imprisonment on the armed robbery and assault with intent to rob while armed convictions, 5 to 10 years’ imprisonment on the felon in possession of a firearm and carrying a concealed weapon convictions, and two years’…”
— Mich. Comp. Laws § 750.239(1) — 2 cases
Novak v. Federspiel (E.D. Mich. 2022).
“LAWS §§ 750.239, .239a (2010)). Judge Borrello also explained that Plaintiffs could initiate “the expedited [forfeiture] hearing to which [they are] entitled under state law,” avoiding “the more cumbersome and expensive process” for a civil cause of action for claim and delivery.”
People of Michigan v. Donald Joseph Brewczynski Sr (Mich. Ct. App. 2015).
“357 Magnum revolver, be forfeited pursuant to MCL 750.239. Defendant then moved the trial court for a return of the revolver and the court denied the motion on June 24, 2014.”
— Mich. Comp. Laws § 750.239(2) — 1 case
Novak v. Federspiel (E.D. Mich. 2022).
“LAWS §§ 750.239, .239a (2010)). Judge Borrello also explained that Plaintiffs could initiate “the expedited [forfeiture] hearing to which [they are] entitled under state law,” avoiding “the more cumbersome and expensive process” for a civil cause of action for claim and delivery.”
— Mich. Comp. Laws § 750.239(4) — 1 case
People of Michigan v. Daniel Joseph Debono (Mich. Ct. App. 2023).
“411); MCL 750.239(4) (“The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.”
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