Michigan House Bill 5451 of 2024

Michigan House Bill 5451 of 2024

Michigan House Bill 5451 of 2024: A Step Toward “Safer Communities”

Michigan House Bill 5451, introduced by Representative Sharon MacDonell in February 2024, aims to enhance firearm safety in homes with children.

The bill mandates that the Department of Health and Human Services (DHHS) create an informational notice in English, Spanish, and Arabic about safe firearm storage practices.

This notice would be distributed to the Department of Education (DOE) and shared with all public and nonpublic schools.

The informational notice would include:

  • Overview of Michigan’s Safe Storage Law: A summary of the legal requirements for secure firearm storage, particularly in homes with children.
  • Frequently Asked Questions: Answers to common questions about safe storage practices, such as the best types of gun safes or locks.
  • Resources for Free or Low-Cost Gun Safes and Locks: Information on where parents and guardians can obtain these safety devices at little or no cost.

The goal of this legislation is to prevent accidental shootings and unauthorized access to firearms by minors. By providing clear and accessible information, the bill seeks to empower parents and guardians to make informed decisions about firearm safety.

Current Status

As of November 2024, House Bill 5451 has passed the House and is now being considered by the Michigan Senate. If the Senate approves the bill, it will be sent to the Governor for signature.

Michigan firearms and bows laws

How Komorn Law Can Help

Komorn Law is a law firm dedicated to helping individuals navigate complex legal issues related to firearms and restoration rights after a criminal conviction, Komorn Law can provide expert guidance and legal representation.

By understanding and complying with firearm laws, you can help ensure the safety of your family and community. Komorn Law is committed to assisting you in this important endeavor.

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Michigan House Bill 5451 of 2024

Michigan House Bill 5450 of 2024

Step by Step

Michigan House Bill 5450 of 2024 is a bill that was introduced by Representative Sharon MacDonell on February 14, 2024.

The bill was referred to the House Committee on Education and was reported with a recommendation with a substitute on May 14, 2024. The bill was then referred to second reading. On November 13, 2024, the bill was passed by the House.

The bill is an act to amend 1976 PA 451, entitled “The revised school code,” by adding section 1313a. The bill requires the Department of Health and Human Services to develop and provide to the Department of Education an informational notice in English, Spanish, and Arabic containing information and best practices regarding the storage of firearms.

The notice must include an overview of the requirements under section 9 of 1927 PA 372, MCL 28.429, answers to frequently asked questions about firearm storage requirements, and guidance on where a parent or legal guardian can obtain gun locks and gun safes, including free or low-cost options.

The Department of Health and Human Services is also required to share the informational notice with all public schools and nonpublic schools.

The bill is currently in the Senate. If the bill is passed by the Senate, it will be sent to the Governor for signature. If the Governor signs the bill, it will become law.

Michigan firearms and bows laws

Firearms Rights Restoration

If you are interested in learning more about restoration rights, Komorn Law can help you navigate the legal system. Komorn Law is a law firm that specializes in firearms law and restoration rights. They can help you understand the laws and regulations that apply to you, and they can help you protect your rights.

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You work hard. Now get ready to work harder to prepare to give more.

President Biden’s administration has proposed the reclassification of marijuana from a Schedule I controlled substance to a Schedule III drug, which recognizes its medical benefits. This significant shift would not only have far-reaching implications for markets and consumers but would also enhance the potential for medical research into cannabis.

What has Trump said about cannabis?

Two months prior to the election, Trump released a statement that significantly aligned him with both the Biden administration and his opponent, Vice President Harris.

He affirmed that he supports legalizing the recreational use of marijuana.

“I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use. We must also implement smart regulations, while providing access for adults, to safe, tested product.” he said in a post on Truth Social.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Trump expressed his support for Florida’s recreational cannabis ballot by indicating he would vote in favor of it even though the proposed amendment did not reach the required 60% threshold and he implied that Biden’s cannabis policy is likely to remain unchanged.

“As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including safe banking for state authorized companies,” Trump said.

There’s much more good detail here at an article on the once great tax supported NPR site.

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When Can Police Take Your Dash Cam?

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You work hard. Now get ready to work harder to prepare to give more.

In Michigan, police can take your dashcam footage in specific situations, primarily when they believe it could serve as evidence in a criminal investigation.

Michigan law permits officers to seize personal property, like dashcam footage, if they have probable cause, a warrant, or if exceptions to the warrant requirement apply.

Here’s a breakdown of how and when police can take and use dashcam footage.

Legal Basis for Seizing Dashcam Footage

Under the Fourth Amendment to the U.S. Constitution and Article I, Section 11 of the Michigan Constitution, searches and seizures are generally considered unreasonable without a warrant.

However, there are several exceptions that allow police to seize dashcam footage without first obtaining a warrant:

  • Probable Cause with a Warrant: Police typically need a warrant based on probable cause to seize dashcam footage. The officer must convince a judge that the footage likely contains evidence of a crime. Under MCL 780.651, Michigan law provides procedures for issuing search warrants for personal property believed to contain evidence of criminal activity.

  • Consent: If you voluntarily hand over your dashcam or footage, the police do not need a warrant. Consent is a common way police legally acquire dashcam recordings.

  • Exigent Circumstances: Police can seize dashcam footage without a warrant if there’s an immediate threat of evidence destruction or if a delay might harm others or impede justice. Exigent circumstances might apply in cases like drunk driving or hit-and-run incidents where the footage could be overwritten or lost.

  • Search Incident to Arrest: If you’re lawfully arrested, officers may be able to seize property within your immediate reach, including dashcam footage, to prevent evidence tampering. The U.S. Supreme Court’s decision in Arizona v. Gant (2009) established guidelines for searches incident to arrest, emphasizing a connection between the arrest and the evidence sought.

Using Dashcam Footage as Evidence

Once seized lawfully, dashcam footage can be used as evidence against you in court. Courts allow video footage as a form of evidence if it is authentic and relevant to the case. For instance, in People v. Wood (Mich. App. 2018), dashcam footage from a police vehicle was successfully used to support DUI charges, setting a precedent for its evidentiary value.

Conclusion

In Michigan, police need a valid reason—such as probable cause or your consent—to take your dashcam footage. When seized lawfully, the footage can be used as evidence in court. Knowing these rights can help you understand when you may be legally required to turn over dashcam footage and under what circumstances it could be used against you.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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