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

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center’s Legal Action Project and the Coalition to Stop Gun Violence’s Gun Industry Immunity page.

See our Immunity Statutes / Manufacturer Litigation policy summary for further information.

Notes
  1. Mich. Comp. Laws Serv. § 28.435(7). ⤴︎
  2. Mich. Comp. Laws Serv. § 28.435(15)(e). ⤴︎
  3. Mich. Comp. Laws Serv. § 28.435(9). ⤴︎
  4. Mich. Comp. Laws Serv. § 28.435(10). ⤴︎
  5. Mich. Comp. Laws Serv. § 28.435(11). ⤴︎
  6. Id. ⤴︎