HOUSE BILL No. 5079

 

August 1, 2007, Introduced by Rep. Young 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 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 July 1, 2008, 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, 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.