Michigan House Bill HB4212

Michigan 2023-2024 Regular Session

• Introduced: 3/8/23
• Refer: 3/8/23

Caption

Civil procedure: civil actions; storage of firearms; provide civil liability for improper storage. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 2980 & 2981. TIE BAR WITH: HB 4144'23

Impact

The introduction of HB 4212 has significant implications for state laws concerning gun ownership and storage. By allowing private individuals to sue for damages related to improper firearm storage, the bill increases the legal obligations placed on firearm owners. This could result in a surge of civil lawsuits, thereby potentially influencing behaviors and practices concerning how firearms are stored and handled within households across the state.

Summary

House Bill 4212 aims to amend the Revised Judicature Act of 1961 by introducing new sections that establish civil liability for individuals who improperly store firearms. Specifically, the bill states that individuals who violate the provisions concerning firearm storage can be held liable for both economic and noneconomic damages resulting from the violation, including cases leading to death. This change seeks to enhance accountability related to firearm storage practices, emphasizing responsible ownership and the potential consequences of negligence.

Contention

Points of contention surrounding HB 4212 may arise from differing opinions on the balance between gun rights and public safety. Supporters argue that the bill is necessary to ensure that firearm owners maintain safe storage practices to reduce accidental injuries and deaths. Opponents may raise concerns regarding the potential for frivolous lawsuits and the impact on second amendment rights. Additionally, the bill's tie bar with another legislative proposal, House Bill 4144, indicates that its enactment may be contingent upon the passage of related legislation, introducing further complexities to the discussion.