(Source: MIRS.news, Published 03/20/2023) Before the Michigan Senate approved SB 79, legislation establishing penalties for when a minor obtains an improperly stored firearm, the Senate kept in statute a provision that bans local governments from suing gun manufacturers over shooting deaths in their jurisdiction except in limited circumstances.
When SB 79 was approved by the Senate Civil Rights, Judiciary and Public Safety Committee on Mar. 9, Chair Stephanie Chang (D-Detroit) discussed with the media how all of the language shielding gun manufacturers was taken out.
However, this wasn't the version that the Senate voted on last Thursday. The "S-3" substitute kept the present-day provisions only authorizing governmental entities to bring civil action forward if it itself purchased the firearm or ammunition and there was a "breach of contract," or if product liability, personal injury or death occurring in relation to "a defect in design or manufacture."
A local government could also sue a firearm manufacturer over a warranty issue.
Outside of those exceptions, the court would be required to "award costs and reasonable attorney fees to each defendant named in a civil action filed in violation of this subsection."
The statute would still be enforced after Gov. Gretchen Whitmer approves Democratic lawmakers' 11-bill package – which she is expected to do – unless new legislation arises and is successful.
"Michigan has, from what we can tell, pretty much complete immunity for the gun industry, including a provision that makes it against the law for public officials to file a lawsuit against the gun industry," said Steve Pontoni, the executive director of the Michigan Association of Justice (MAJ), to MIRS while discussing why his organization withdrew its support from SB 79 after the amendment was dropped before the Senate chamber vote on Mar. 16.
The aforementioned provision reflects the federal Protection of Commerce in Arms Act of 2005, safeguarding dealers and manufacturers from liability in situations they had no direct responsibility over. However, in 2022, Connecticut state laws did allow for Remington Firearms LLC. – a North Carolina-based firearms manufacturer – to pay a $73 million settlement following the Sandy Hook Elementary School shooting of 2012.
The civil court case zoomed in on how the company marketed the Bushmaster AR-15 rifle that was used in the tragic event.
"Federal preemption exists, it doesn't mean it will always exist, and other states are looking at options to hold the industry accountable," Pontoni said. "We talk about the Second Amendment routinely, but there's also the Seventh Amendment, which guarantees the right to a civil trial by jury, and this immunity takes that away. So we're sacrificing one amendment for another."
The remaining Michigan statutes in the act amended by SB 79, Michigan's Public Act 372 of 1927, also provide that a federally licensed firearm dealer is not liable for damages arising from the use or misuse of a gun if the sale was conducted legally.
When asked about the scrapped amendment, Sen. Rosemary Bayer (D-Keego Harbor) – the Senate chair of the legislative Firearm Safety and Violence Prevention Caucus in Michigan – told the media the change "needs to stand alone, and it (needs) a little more effort."
"We had a team of people working on that issue earlier, and we sort of decided to wait and then it kind of popped in again from the outside…but I think it's important, I think we are gonna move forward in that direction at some point, we just have to do the homework," Bayer said. "These things take a lot more time than people realize."
Sen. John Cherry (D-Flint), who's been an advocate for "Safe Storage" legislation and has been a gun owner for most of his life, told MIRS that until the topic of firearm manufacturer liability gets discussed more broadly, "I am going to reserve my opinions until I hear from all sides on it."
He ultimately described SB 79 as being centered on personal responsibility.
Under the legislation, an adult firearm owner would be charged with a 5-year, $5,000 felony if a minor obtains a non-secured gun and injures themselves or others. If a minor inflicts death upon themselves or others with a non-stored firearm, the owner would be charged with a 15-year, $7,500 felony.
Related stories available to MIRS’ subscribers:
"Democratic-Led Senate Approves All 11 Core Firearm Reform Bills," 3/16/2023
“Dems Entire Firearm Safety Packag , e Approved Out Of Senate Committee” 3/9/2023
