Michigan Laws 28.435.amended – Sale of firearms by federally licensed firearms dealer; sale of trigger lock or secured container; exceptions; brochure, warning, and literature; statement of compliance; notice of liability; action b
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Terms Used In Michigan Laws 28.435.amended
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means , except as otherwise provided in this subdivision, that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761. See Michigan Laws 28.421
- Firearm: means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 28.421
- Misdemeanor: means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both. See Michigan Laws 28.421
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Purchaser: means a person who receives a pistol from another person by purchase or gift. See Michigan Laws 28.421
- Seller: means a person who sells or gives a pistol to another person. See Michigan Laws 28.421
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(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 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 that 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 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 to keep. A separate gun case or storage container and a separate purchase receipt is 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, all of the following:
(a) A brochure or pamphlet that includes safety information on the use and storage of the firearm in a home environment.
(b) A written warning informing the purchaser of the penalties for failing to store or leave a firearm in the manner required under section 9.
(c) Lethal means counseling literature published by the department of health and human services under section 9.
(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 informing the reader that failing to store or leave a firearm in the manner required under section 9 is unlawful.
(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.
(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.
(9) Subject to subsections (10) to (12), 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.
(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 440.9994, 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 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) to (11) do not create a civil action.
(13) Subsections (9) 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) 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.
(15) As used in this section:
(a) “Federally licensed firearms dealer” means a person licensed under 18 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.