October 19, 2016, Introduced by Reps. Townsend and Wittenberg and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms and gas ejecting
devices; to prohibit the buying, selling, or carrying of certain
firearms and gas ejecting devices without a license or other
authorization; to provide for the forfeiture of firearms 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 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 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 With the exception of
subsection (7), 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 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 to keep. A separate trigger lock or device and a separate
purchase receipt shall be 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 to
keep. A separate gun case or storage container and a separate
purchase receipt shall be required for each firearm purchased.
(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 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 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 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) Beginning 30 days after the effective date of the 2016
amendatory act that amended this section, a federally licensed
firearms dealer shall not sell a pistol in this state unless the
dealer has provided the department of state police with a record
derived from the pistol that is sufficient to establish a ballistic
fingerprint for the pistol. The department of state police shall
promulgate rules pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, that establish the type or
types of records that are sufficient for purposes of this
subsection.
(8) (7)
A federally licensed firearms
dealer 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.
(9) (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 produces a firearm or ammunition.
(10) (9)
Subject to subsections (10) (11) to
(12) (13), a
political subdivision shall not bring a civil action against any
person who 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.
(11) (10)
Subject to subsection (11) (12),
subsection (9) (10)
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.
(12) (11)
Subsection (10) (11) does
not allow an action based
on any of 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.
(13) (12)
Subsections (9) through (11) (10) to (12) do not
create a civil action.
(14) (13)
Subsections (9) through (11) (10) to (12) 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.
(15) (14)
Beginning September 1, 2000, a
person who 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.
(16) (15)
As used in this section:
(a) "Federally licensed firearms dealer" means a person
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.