WeVote
Log In

Bill

Bill

SB 1086

Consumer protection: other; no sell list for firearms; create. Amends secs. 1 & 2 of 1927 PA 372 (MCL 28.421 & 28.422) & adds sec. 12c.

2023-2024 Regular Session Introduced by Rosemary Bayer and 6 co-sponsors

Michigan residents may voluntarily add themselves to a state firearm do-not-sell list (temporary 180 days or indefinite), blocking purchases via MSP systems and fast NICS updates.

referred to Committee on Government Operations
#consumerprotection:other #weapons:firearms
0
WeVote Research Nonpartisan
Bill Summary · SB 1086

SB 1086 — Summary: Firearm "Do‑Not‑Sell" Lists (Substitute S-2 as passed by Senate)

Status: Referred to Committee on Government Operations. Introduced: Feb 4, 2025 (Senate substitute S‑2 passed Senate). Sponsor: Sen. Dayna Polehanki. Companion: HB 2404.

Purpose

Create an elective mechanism allowing individuals to add their own names to a state-managed firearm "do‑not‑sell" list (temporary or indefinite) so that licensed sellers and background‑check systems will register them as prohibited purchasers. The intent is to enable people to voluntarily block lawful commercial acquisition of firearms for themselves.

Key provisions

  • Requires the Michigan State Police (MSP) to establish and maintain:
    • A temporary do‑not‑sell list (automatic removal after 180 days).
    • An indefinite do‑not‑sell list (remains until the individual requests removal or a court orders removal).
  • MSP duties:
    • Within 1 year of the bill’s effective date, create both lists and an application/process for adding/removing names.
    • Make applications available to health professionals free of charge.
    • Enter added/removed names into the National Instant Criminal Background Check System (NICS) and other relevant state/federal systems within 24 hours of change.
  • How to add/remove names:
    • Individuals may add or remove their own names by applying in person to the county clerk where they reside or to the local law‑enforcement agency with jurisdiction, presenting valid state identification (driver’s license, state PID, or enhanced license).
    • Temporary list: automatic removal after 180 days; individuals may request earlier removal via county clerk or law enforcement.
    • Indefinite list: stays until removal is requested. To remove, the individual must petition the county circuit court within 90 days after adding their name; the court must hold a hearing within 5 business days, decide by preponderance of the evidence whether the request is voluntary/knowing/intelligent, and issue an order within 3 days. If the court denies removal, the individual may later seek removal through county clerk or law enforcement no earlier than 90 days after initial addition.
  • Role of health professionals:
    • MSP must provide applications free to health professionals.
    • Health professionals may (but are not required to) discuss the do‑not‑sell option with patients when doing so would reasonably avoid imminent danger.
  • Criminal penalty:
    • It is a felony (maximum penalty: up to 5 years’ imprisonment or a fine up to $1,000, or both) for a person to add another individual’s name to either do‑not‑sell list (i.e., only self‑enrollment allowed).

Who is affected

  • Individuals who wish to voluntarily prevent themselves from purchasing firearms (e.g., persons concerned about suicide or harm).
  • MSP (development, database maintenance, NICS reporting).
  • County clerks, local law enforcement (application intake/verification).
  • Circuit courts (hearings on indefinite removals).
  • Firearm sellers/FFLs, who will rely on NICS and other systems to identify listed purchasers.
  • Health professionals (access to free applications; optional counseling role).

Timeline & procedural notes

  • MSP must implement lists and application process within 1 year of the bill’s effective date.
  • MSP must update NICS and other systems within 24 hours of adds/removals.
  • Temporary enrollment lasts 180 days automatically; court deadlines for indefinite removals: petition within 90 days, hearing within 5 business days, order within 3 days.
  • Fiscal impact: likely programming costs for MSP and modest administrative costs for local law enforcement, county clerks, and courts; overall described as a small negative fiscal impact for local governments (exact amounts unspecified).

Legislative status

  • Passed Senate (substitute S‑2) and reported with fiscal note prepared by nonpartisan Senate staff. Referred to Committee on Government Operations (further committee and floor actions pending).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.