SB 0079 of 2023 - Provide penalties for storing or leaving a firearm where it may be accessed by a minor

[PhotoTom]

SB 0079 of 2023
Crimes: weapons; penalties for storing or leaving a firearm where it may be accessed by a minor; provide for.
Last Action: 2/16/2023 REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY

[10x25mm]

Substitute 2 was adopted today by the Senate Civil Rights, Judiciary, and Public Safety Committee. It repeals PLCAA legal protections for the gun industry.

There will be no more gun dealers in Michigan soon.

[Scandiacus]

Substitute 2 was adopted today by the Senate Civil Rights, Judiciary, and Public Safety Committee. It repeals PLCAA legal protections for the gun industry.

There will be no more gun dealers in Michigan soon.

Wouldn't Michigan dealers still be protected by the Federal PLCAA? From congress.gov (emphasis mine):

Protection of Lawful Commerce in Arms Act - (Sec. 3) Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm.

[MCPO_SOCM_RET]

Wouldn't Michigan dealers still be protected by the Federal PLCAA? From congress.gov (emphasis mine):

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause, thereby declaring that federal law is “the supreme law of the land.” As a result, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws. This is commonly known as “preemption.”

OR in a shorter way to say it...

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.


But....that's not what you should be paying attention to. That's the shiny object.

Read the portion regarding vehicles, twice.

And Sec. 15.
(8) As used in this section:
(b) "Firearm" includes a component of a firearm.

WTF does that mean? A choke tube? A firing pin? A trigger spring?

[Scandiacus]

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause, thereby declaring that federal law is “the supreme law of the land.” As a result, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws. This is commonly known as “preemption.”

OR in a shorter way to say it...

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.

Right. So, in short, yes they would still be protected.

[MCPO_SOCM_RET]

Yes but it won't stop the rabid animals from passing it - knowing full well it will be overturned on challenge.

[10x25mm]

Wouldn't Michigan dealers still be protected by the Federal PLCAA? From congress.gov (emphasis mine):

The Protection of Lawful Commerce in Arms Act (PLCAA, 15 U.S.C. § 7903 ) has one weakness which anti gun lawyers have exploited: it can be defeated by a claim of marketing [(5)(A)(iii)] which violates state law:

(iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including--

MCL 28.435, Section 15(11) prevented this exploit in Michigan. SB 0079 of 2023, Substitute 2 wipes out this critical state protection, exposing everyone in the firearms trade to abusive civil liability for criminal acts beyond their control.

[PhotoTom]

SB 0079 of 2023
Crimes: weapons; penalties for storing or leaving a firearm where it may be accessed by a minor; provide for. Amends sec. 15 of 1927 PA 372 (MCL 28.435) & adds sec. 9.
Last Action: 3/14/2023 REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE (S-2)

[PhotoTom]

SB 0079 of 2023
Crimes: weapons; penalties for storing or leaving a firearm where it may be accessed by a minor; provide for. Amends sec. 15 of 1927 PA 372 (MCL 28.435) & adds sec. 9.
Last Action: 3/14/2023 Analysis File Added

http://www.legislature.mi.gov/docume...SFA-0079-F.pdf

[Scandiacus]

This passed the Senate today. Thankfully, the new version does not remove legal protections for the gun industry. It also limits the conditions under which a person is guilty of a misdemeanor if a child merely gains access but does not hurt anyone with the firearm - namely, they must also possess or exhibit the firearm publicly and/or carelessly/threateningly. That's a tiny bit better.