Under Michigan law, federally licensed firearms dealers are not liable for damages arising from the use or misuse of a firearm if the sale complies with state and federal law.1
Michigan also prohibits political subdivisions from bringing civil actions against a person who “produces” (i.e., who manufactures, constructs, designs, formulates, develops standards for, prepares, processes, assembles, inspects, tests, lists, certifies, gives a warning or instruction regarding, markets, sells, advertises, packages, labels, distributes, or transfers)2 a firearm or ammunition, and reserves the authority to do so exclusively to the state.3
Political subdivisions are not prohibited from bringing the following actions:
- A contract issue or action based on a provision of the Uniform Commercial Code, in which the political subdivision is the purchaser and owner of the firearm or ammunition;
- Expressed or implied warranty actions 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; or
- Product liability, personal injury, or wrongful death actions 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.4
However, an action by a political subdivision may not be based on the inherent potential of a firearm or ammunition to cause injury, damage, or death, or failure to warn of such potential.5 Furthermore, an action may not be based on a failure to include a device or mechanism to prevent a firearm or ammunition from being discharged by an unauthorized person unless specifically provided for by contract.6
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- Mich. Comp. Laws Serv. § 28.435(7).
- Mich. Comp. Laws Serv. § 28.435(15)(e).
- Mich. Comp. Laws Serv. § 28.435(9).
- Mich. Comp. Laws Serv. § 28.435(10).
- Mich. Comp. Laws Serv. § 28.435(11).