Bill
HB 6185
HB 6185 removes political-subdivision immunity and lets AG/local prosecutors sue firearm industry members for public nuisance, with injunctions, damages, and costs.
Status: Introduced Nov. 26, 2024; referred to Committee on Judiciary; reported with recommendation without amendment 12/11/24; referred to second reading. (Actions through 03/03/2025 listed.)
Purpose
- HB 6185 is part of a three‑bill package (HBs 6183–6185) commonly described as the “Firearm Industry Responsibility Act.” Taken together, the bills would remove certain civil‑liability protections for the firearm industry and permit civil actions against industry members for knowingly or recklessly creating or contributing to a public nuisance related to firearm‑related products. HB 6185 specifically amends section 15 of 1927 PA 372 (MCL 28.435), the firearms licensing statute, to change or abolish existing immunity for political subdivisions.
Key provisions (package context; HB 6185’s role)
- Abolish political‑subdivision immunity as currently codified in MCL 28.435(9): the section that limits civil actions by local governments against persons who “produce” firearms or ammunition would be changed so that local units may bring actions previously reserved to the state attorney general.
- Enable civil claims against “firearm industry members” (manufacturers, sellers, distributors, importers, marketers) who knowingly or recklessly create, maintain, or contribute to a public nuisance through the manufacture, sale, distribution, importation, or marketing of firearm‑related products or fail to establish and implement “reasonable controls.”
- Define covered terms:
- Firearm‑related products: firearms, ammunition, precursor parts, components, three‑dimensional printers/CNC milling machines used to make firearms, and accessories that materially enhance firing/lethality.
- Firearm industry member: persons engaged in sale, manufacture, distribution, importing, or marketing of such products.
- Reasonable controls: procedures/safeguards to prevent straw purchases, trafficking, sales to prohibited persons, product loss/theft, compliance with law, prevention of pistol‑converters, and avoidance of practices violating the Michigan Consumer Protection Act.
- Public nuisance: conduct injuring or endangering public health, safety, comfort, or convenience (including common‑law nuisance).
Enforcement and remedies
- Authorized plaintiffs: the attorney general and persons identified under section 3805 (which includes local prosecuting attorneys and certain residents/local entities). HB 6185 removes or narrows the prior restriction that only the attorney general could sue (for political subdivisions).
- Remedies available: injunctions, abatement at the defendant’s expense, restitution, compensatory and punitive damages, reasonable attorney fees and costs, and other appropriate relief.
- Private plaintiffs must notify the attorney general within five days of filing and provide copies of complaint materials.
- Plaintiffs are not required to prove intent to create public nuisance; liability can be based on knowing or reckless conduct or failure to implement reasonable controls.
- Bill specifies that its provisions must be construed consistent with state and U.S. constitutional requirements and not to preclude other statutory or common‑law remedies.
Who would be affected
- Primary: firearm manufacturers, licensed dealers, importers, distributors, and marketers of firearms, ammunition, parts, and qualifying accessories.
- Secondary: local governments and prosecutors (who would gain or regain authority to sue); the state attorney general; consumers and communities potentially harmed by firearm misuse; courts and insurers (increased litigation exposure).
Procedural / timeline notes
- Introduced Nov. 26, 2024 by Rep. Kelly Breen; first read same day; referred to Judiciary. Public hearing held Jan. 31, 2025. Reported favorably 12/11/2024 and referred to second reading. Subsequent legislative actions through March 3, 2025 include favorable reports and placement on the House calendar.
Potential impacts (summary)
- Would expand civil liability exposure for firearm industry members, likely increasing litigation risk, potential damages and settlement pressure, and incentives for industry to adopt stronger distribution and marketing controls. It would also give local governments a clearer path to seek injunctive and compensatory relief for harms they attribute to firearm‑industry practices.
Compiled from official sources — confirm details with the bill’s official record.
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