Torts: defenses; firearm manufacturer immunity from liability to local units of government; abolish. Amends sec. 15 of 1927 PA 372 (MCL 28.435). TIE BAR WITH: SB 0841'26, SB 0842'26
SB 843 amends Michigan’s firearm sales and liability laws in two main ways. First, it requires federally licensed firearms dealers to include a trigger lock or secured gun case with each firearm sale, unless the purchaser provides their own qualifying device or case with proof of purchase, or the sale falls within a listed exemption such as sales to police, antique firearms, or private-party transfers. Dealers must also provide firearm safety materials, a warning about unlawful storage, and lethal means counseling literature from the Department of Health and Human Services, and both dealer and purchaser must sign compliance statements that the dealer keeps for six years. Dealers must also post notices about the unlawful storage requirement at points of sale.
Second, the bill addresses civil liability involving firearms and ammunition. It states that compliant federally licensed dealers are not liable for damages arising from the use or misuse of a firearm, and it bars political subdivisions from bringing civil actions against any person who produces a firearm or ammunition, reserving such actions to the state and the attorney general. The bill includes narrow exceptions for contract, warranty, and certain product liability or injury claims involving firearms or ammunition owned by a political subdivision, while limiting those claims from being based on the inherent danger of firearms or a failure to include unauthorized-use prevention devices unless contractually required. Violations of the section are punishable as misdemeanors for a first or second offense and as a felony for a third or subsequent offense.
The bill would amend section 15 of Michigan’s firearm regulation act, expanding dealer obligations at the point of sale and strengthening statutory protections for firearm manufacturers and dealers against local-government lawsuits. It would affect federally licensed firearms dealers directly by imposing packaging, warning, documentation, retention, and posting requirements, and it would create criminal penalties for noncompliance. It would also alter the scope of civil litigation by limiting political subdivisions’ ability to sue firearm and ammunition producers, while preserving the attorney general’s role and certain narrow government-owned-product claims. The bill is tie-barred to SB 841 and SB 842, so it would not take effect unless those related bills are also enacted.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or roll-call support in the supplied materials. Based on the bill text and caption, the measure appears to be part of a broader firearms-liability package and reflects a policy approach that combines consumer safety requirements with immunity for manufacturers and dealers. The overall tone of the legislation is regulatory and protective, rather than permissive, with an emphasis on safe storage and limiting local-government litigation.
The main points of contention are likely to be the bill’s dual approach to firearms policy and its restrictions on local lawsuits. Supporters may view the trigger-lock, storage, warning, and counseling requirements as public-safety measures intended to reduce accidental injury and unsafe storage, while also clarifying liability rules for compliant dealers and manufacturers. Opponents may object to the civil-action restrictions, especially the provision barring political subdivisions from suing firearm producers and reserving enforcement to the state attorney general, as well as the bill’s broad immunity language and criminal penalties for dealers who fail to comply. The narrow exceptions for government-owned firearms and ammunition claims may also be a point of dispute because they preserve only limited avenues for local legal action.