The Board would be subject to the open meetings act and freedom of information act. The board would be empowered to review all licensing decision on appeal by either the applicant or police, or sheriff. The board would conduct hearings subject to the Michigan Rules of Evidence and could promulgate administrative rules to implement the section. The weapon, if forfeited, would be disposed of pursuant to the statute. Police would be civilly liable for negligent loss or destruction of the weapon that was seized but not forfeited.
Police now exercise summary forfeiture of handguns without due process.
A handgun used in a violent felony could only be forfeited pursuant to a separate civil action. There appears to be an unresolved legal question as to whether police could still sue the drug forfeiture provisions of the public health code to forfeit weapons used in relation to drug crimes. Police seldom use the RJA provisions due to extensive due process provisions, but make substantial use of the drug-forfeiture provisions. Allows SOS to revoke license summarily upon receipt of certificate of any magistrate showing that the person is no longer qualified pursuant to the provisions of the act, subject to review by the CCW licensing Board. Retains current section pertaining to the basic pistol safety review board with style changes and references to SOS where needed.