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Disclosure Of Firearms Records Is A Civil Infraction

July 7, 2012 Criminal Law and Procedure

The Freedom of Information Act does not apply to firearms records. I cannot go to my local township and finds who owns a gun in my town. This law protects the privacy of firearms owners.

MCL 28.421b makes it a civil infraction for a peace officer or an authorized system user to disclose a firearms record to anyone except a peace officer or authorized system user. The disclosure must also be for one of the following purposes;

  • The individual whose records are subject to disclosure poses a threat to him or herself or others, including a police officer,
  • The individual whose records are subject to disclosure has committed an offense that is a violation of a law either in this state or elsewhere,
  • The pistol itself that is the subject of the records firearms search could have been used in the commission of an offense,
  • To ensure the safety of a peace or police officer,
  • For the purposes of this law, or
  • A police or peace officer may make the search in the course of lawful duties as an officer. The officer or authorized system user must record the specific reason for the search.

A person who intentionally discloses a firearms record without one of the above reasons is subject to a civil infraction with the maximum penalty of $500. MCL 28.421b

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Sam Bernstein is a criminal defense lawyer in Ypsilanti and Ann Arbor.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.

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