Bill Summary – FastDemocracy

HOUSE BILL NO. 4456
 April 25, 2023, Introduced by Reps. Stone, Byrnes, Brabec, Brenda Carter, Rheingans, Rogers,
   Tsernoglou, Price, Wilson, Arbit, MacDonell, Hoskins and Morgan and referred to the
   Committee on Judiciary.
      A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other
authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to
provide for penalties and remedies; to provide immunity from civil
liability under certain circumstances; to prescribe the powers and
duties of certain state and local agencies; to prohibit certain
conduct against individuals who apply for or receive a license to
carry a concealed pistol; to make appropriations; to prescribe
certain conditions for the appropriations; and to repeal all acts
KHS                                                                               H01210'23
                                       2
     and parts of acts inconsistent with this act,"
     by amending section 15 (MCL 28.435), as added by 2000 PA 265.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 15. (1) Except as provided in subsection (2), a federally
 licensed firearms dealer person shall not sell a firearm in this
 state unless the sale includes 1 of the following:
       (a) A commercially available trigger lock or other device
 designed to disable the firearm and prevent the discharge of the
 firearm.
       (b) A commercially available gun case or storage container
 that can be secured to prevent unauthorized access to the firearm.
       (2) This section does not apply to any of the following:
       (a) The sale of a firearm to a police officer or a police
 agency.
       (b) The sale of a firearm to a person who presents to the
 federally licensed firearms dealer person selling the firearm 1 of
 the following:
       (i) A trigger lock or other device designed to disable the
 firearm and prevent the discharge of the firearm together with a
 copy of the purchase receipt for the federally licensed firearms
 dealer person selling the firearm to keep. A separate trigger lock
 or device and a separate purchase receipt shall be is required for
 each firearm purchased.
       (ii) A gun case or storage container that can be secured to
 prevent unauthorized access to the firearm together with a copy of
 the purchase receipt for the federally licensed firearms dealer
 person selling the firearm to keep. A separate gun case or storage
 container and a separate purchase receipt shall be is required for
 each firearm purchased.
     KHS                                                         H01210'23
                                       3
       (c) The sale of an antique firearm. As used in this
 subdivision, "antique firearm" means that term as defined in
 section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
       (d) The sale or transfer of a firearm if the seller is not a
 federally licensed firearms dealer.
       (3) A federally licensed firearms dealer person shall not sell
 a firearm in this state unless the firearm is accompanied with,
 free of charge, a brochure or pamphlet that includes safety
 information on the use and storage of the firearm in a home
 environment.
       (4) Upon the sale of a firearm, a federally licensed firearms
 dealer the person selling the firearm shall sign a statement and
 require the purchaser to sign a statement stating that the sale is
 in compliance with subsections (1), (2), and (3).
       (5) A federally licensed firearms dealer person selling a
 firearm shall retain a copy of the signed statements prescribed in
 subsection (4) and, if applicable, a copy of the receipt prescribed
 in subsection (2)(b), for at least 6 years.
       (6) A federally licensed firearms dealer in this state shall
 post in a conspicuous manner at the entrances, exits, and all
 points of sale on the premises where firearms are sold a notice
 that says the following: "You may be criminally and civilly liable
 for any harm caused by a person less than 18 years of age who
 lawfully gains unsupervised access to your firearm if unlawfully
 stored.".
       (7) A federally licensed firearms dealer person that sells a
 firearm is not liable for damages arising from the use or misuse of
 a firearm if the sale complies with this section, any other
 applicable law of this state, and applicable federal law.
     KHS                                                         H01210'23
                                       4
       (8) This section does not create a civil action or liability
 for damages arising from the use or misuse of a firearm or
 ammunition for a person, other than a federally licensed firearms
 dealer, who that produces a firearm or ammunition.
       (9) Subject to subsections (10) to (12), a political
 subdivision shall not bring a civil action against any person who
 that produces a firearm or ammunition. The authority to bring a
 civil action under this section is reserved exclusively to the
 state and can be brought only by the attorney general. The court
 shall award costs and reasonable attorney fees to each defendant
 named in a civil action filed in violation of this subsection.
       (10) Subject to subsection (11), subsection (9) does not
 prohibit a civil action by a political subdivision based on 1 or
 more of the following, which the court shall narrowly construe:
       (a) A breach of contract, other contract issue, or an action
 based on a provision of the uniform commercial code, 1962 PA 174,
 MCL 440.1101 to 440.11102, 440.9994, in which the political
 subdivision is the purchaser and owner of the firearm or
 ammunition.
       (b) Expressed or implied warranties arising from the purchase
 of a firearm or ammunition by the political subdivision or the use
 of a firearm or ammunition by an employee or agent of the political
 subdivision.
       (c) A product liability, personal injury, or wrongful death
 action when an employee or agent or property of the political
 subdivision has been injured or damaged as a result of a defect in
 the design or manufacture of the firearm or ammunition purchased
 and owned by the political subdivision.
       (11) Subsection (10) does not allow an action based on any of
     KHS                                                          H01210'23
                                       5
 the following:
       (a) A firearm's or ammunition's inherent potential to cause
 injury, damage, or death.
       (b) Failure to warn the purchaser, transferee, or user of the
 firearm's or ammunition's inherent potential to cause injury,
 damage, or death.
       (c) Failure to sell with or incorporate into the product a
 device or mechanism to prevent a firearm or ammunition from being
 discharged by an unauthorized person unless specifically provided
 for by contract.
       (12) Subsections (9) through to (11) do not create a civil
 action.
       (13) Subsections (9) through to (11) are intended only to
 clarify the current status of the law in this state, are remedial
 in nature, and, therefore, apply to a civil action pending on the
 effective date of this act.
       (14) Beginning September 1, 2000, a person who that violates
 this section is guilty of a crime as follows:
       (a) Except as provided in subdivision (b) or (c), the person
 is guilty of a misdemeanor punishable by imprisonment for not more
 than 93 days or a fine of not more than $500.00, or both.
       (b) For a second conviction, the person is guilty of a
 misdemeanor punishable by imprisonment for not more than 1 year or
 a fine of not more than $1,000.00, or both.
       (c) For a third or subsequent conviction, the person is guilty
 of a felony punishable by imprisonment for not more than 2 years or
 a fine of not more than $5,000.00, or both.
       (15) As used in this section:
       (a) "Federally licensed firearms dealer" means a person
     KHS                                                         H01210'23
                                       6
 licensed under section 923 of title 18 of the United States Code,
 18 U.S.C. USC 923.
       (b) "Firearm or ammunition" includes a component of a firearm
 or ammunition.
       (c) "Person" means an individual, partnership, corporation,
 association, or other legal entity.
       (d) "Political subdivision" means a county, city, village,
 township, charter township, school district, community college, or
 public university or college.
       (e) "Produce" means to manufacture, construct, design,
 formulate, develop standards for, prepare, process, assemble,
 inspect, test, list, certify, give a warning or instructions
 regarding, market, sell, advertise, package, label, distribute, or
 transfer.
     KHS                          Final Page                    H01210'23
Statutes affected: 
House Introduced Bill: 28.435