MAYOR OF DETROIT and City of Detroit, Plaintiffs-Appellees,
v.
ARMS TECHNOLOGY, INC., Beretta USA, Corp., Browning Arms Co., Bryco Arms, Inc., Colt'S Manufacturing Co., Glock, Inc., H & R 1871, Inc., Hi Point Firearms, International Armament, d/b/a Interarm Industries, Kel-Tec, CNC Industries, Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Smith & Wesson Corp., Sturm Ruger & Co., Inc., and Taurus International Manufacturing, Defendants-Appellants, and
B.L. Jennings, Cobray Firearms, Davis Industries, FMJ a/k/a Full Metal Jacket, MKS Supply, Inc., Lorcin Engineering Co., Inc., Raven Arms, Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Alexander's Sport Shop, Inc., d/b/a Alexander's Gun Shop & Gun Range, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, Lortz, Ltd. d/b/a Midwest Ordinance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, Sports Authority, Inc., General Laney d/b/a Laney's Gun & Supplies, and General Laney, Inc., Defendants.
Mayor of Detroit and City Of Detroit, Plaintiffs-Appellee,
v.
MKS Supply, Inc., Defendant-Appellant, and
Arms Technology, Inc., Beretta USA, Corp., B.L. Jennings, Browning Arms Co., Bryco Arms, Inc., Cobray Firearms, Colt's Manufacturing Co., Davis Industries, FMJ a/k/a Full Metal Jacket, Glock, Inc., H & R 1871, Inc., Hi Point Firearms, International Armament, d/b/a Interarm Industries, Kel-Tec, CNC Industries, Inc., Lorcin Engineering Co., Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Raven Arms, Inc., Smith & Wesson Corp., Sturm Ruger & Co., Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Taurus International Manufacturing, Alexander's Sport Shop, Inc., d/b/a Alexander's Gun Shop & Gun Range, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, Lortz, Ltd. d/b/a Midwest Ordinance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, Sports Authority, Inc., General Laney d/b/a Laney's Gun & Supplies, And General Laney, Inc., Defendants.
Mayor of Detroit and City of Detroit, Plaintiffs-Appellees,
v.
B.L. Jennings, Defendant-Appellant, and
Arms Technology, Inc., Beretta USA, Corp., Browning Arms Co., Bryco Arms, Inc., Cobray Firearms, Colt's Manufacturing Co., Davis Industries, FMJ a/k/a Full Metal Jacket, Glock, Inc., H & R 1871, Inc., MKS Supply, Inc., Hi Point Firearms, International Armament, d/b/a Interarm Industries, Kel-Tec, CNC Industries, Inc., Lorcin Engineering Co., Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Raven Arms, Inc., Smith & Wesson Corp., Sturm Ruger & Co., Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Taurus International Manufacturing, Alexander's Sport Shop, Inc., d/b/a Alexander's Gun Shop & Gun Range, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, Lortz, Ltd. d/b/a Midwest Ordinance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, Sports Authority, Inc., General Laney d/b/a Laney's Gun & Supplies, and General Laney, Inc., Defendants.
Mayor of Detroit and City of Detroit, Plaintiffs-Appellees,
v.
Alexander's Sport Shop, Inc., d/b/a Alexander's Gun Shop & Gun Range, Defendants-Appellants, and
Arms Technology, Inc., Beretta USA, Corp., Browning Arms Co., Bryco Arms, Inc., Cobray Firearms, Colt's Manufacturing Co., Davis Industries. FMJ d/b/a Full Metal Jacket, Glock, Inc., H & R 1871, Inc., MKS Supply, Inc., Hi Point Firearms, International Armament d/b/a Inter-Arm Industries, Kel-Tec, CNC Industries, Inc., Lorcin Engineering Co., Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Raven Arms, Inc., Smith & Wesson Corp., Sturm Ruger & Co., Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Taurus International Manufacturing, Alexander's Sport Shop, Inc., d/b/a Alexander's Guns Shop & Gun Range, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, General Laney d/b/a Laney's Gun & Supplies, General Laney, Inc., Lortz, Ltd. d/b/a Midwest Ordnance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, And Sports Authority, Inc., Defendants.
Wayne County Executive, John D. O'Hair, Ricardo Solomon, Edna Bell, Robert Blackwell, Kathleen Husk and County Of Wayne, Plaintiffs-Appellees,
v.
MKS Supply, Inc., Defendant-Appellant, and
Arms Technology, Inc., Beretta USA, Corp., Browning Arms Co., Bryco Arms, Inc., Cobray Firearms, Colt's Manufacturing Co., Davis Industries. FMJ d/b/a Full Metal Jacket, Glock, Inc., H & R 1871, Inc., Hi Point Firearms, International Armament d/b/a Inter-Arm Industries, Kel-Tec, CNC Industries, Inc., Lorcin Engineering Co., Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Raven Arms, Inc., Smith & Wesson Corp., Sturm Ruger & Co., Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Taurus International Manufacturing, Alexander's Sport Shop, Inc., d/b/a Alexander's Guns Shop & Gun Range, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, General Laney d/b/a Laney's Gun & Supplies, General Laney, Inc., Lortz, Ltd. d/b/a Midwest Ordnance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, Sports Authority, Inc., And B.L. Jennings, Inc., Defendants.
Wayne County Executive, John D. O'Hair, Ricardo Solomon, Edna Bell, Robert Blackwell, Kathleen Husk and County of Wayne, Plaintiffs-Appellees,
v.
B.L. Jennings, Defendant-Appellant, and
Arms Technology, Inc., Beretta USA, Corp., Browning Arms Co., Bryco Arms, Inc., Cobray Firearms, Colt's Manufacturing Co., Davis Industries. FMJ d/b/a Full Metal Jacket, Glock, Inc., H & R 1871, Inc., MKS Supply, Inc., Hi Point Firearms, International Armament d/b/a Inter-Arm Industries, Kel-Tec, CNC Industries, Inc., Lorcin Engineering Co., Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Raven Arms, Inc., Smith & Wesson Corp., Sturm Ruger & Co., Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Taurus International Manufacturing, Alexander's Sport Shop, Inc., d/b/a Alexander's Guns Shop & Gun Range, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, General Laney d/b/a Laney's Gun & Supplies, General Laney, Inc., Lortz, Ltd. d/b/a Midwest Ordnance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, and Sports Authority, Inc., Defendants.
Wayne County Executive, John D. O'Hair, Ricardo Solomon, Edna Bell, Robert Blackwell, Kathleen Husk and County of Wayne, Plaintiffs-Appellees,
v.
Arms Technology, Inc., Beretta USA, Corp., Browning Arms Co., Bryco Arms, Inc. Colt's Manufacturing Co., Glock, Inc., H & R 1871, Inc., Hi Point Firearms, International Armament, d/b/a Interarm Industries, Kel-Tec, CNC Industries, Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Smith & Wesson Corp., Sturm Ruger & Co., Inc., and Taurus International Manufacturing, Defendants-Appellants, and
Cobray Firearms, Davis Industries. FMJ d/b/a Full Metal Jacket, MKS Supply, Inc., Lorcin Engineering Co., Inc., Raven Arms, Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Alexander's Sport Shop, Inc., d/b/a Alexander's Guns Shop & Gun Range, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, General Laney d/b/a Laney's Gun & Supplies, General Laney, Inc., Lortz, Ltd. d/b/a Midwest Ordnance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, Sports Authority, Inc. and B.L. Jennings, Defendants.
Wayne County Executive, John D. O'Hair, Ricardo Solomon, Edna Bell, Robert Blackwell, Kathleen Husk and County Of Wayne, Plaintiffs-Appellees,
v.
Alexander's Sport Shop, Inc., d/b/a Alexander's Guns Shop & Gun Range, Defendants-Appellants, and
Arms Technology, Inc., Beretta USA, Corp., Browning Arms Co., Bryco Arms, Inc., Cobray Firearms, Colt's Manufacturing Co., Davis Industries. FMJ d/b/a Full Metal Jacket, Glock, Inc., H & R 1871, Inc., MKS Supply, Inc., Hi Point Firearms, International Armament d/b/a Interarm Industries, Kel-Tec, CNC Industries, Inc., Lorcin Engineering Co., Inc., O.F. Mossberg & Sons, Inc., Navegar, Inc., d/b/a Intratec USA, Inc., Phoenix Arms, Raven Arms, Inc., Smith & Wesson Corp., Sturm Ruger & Co., Inc., Sundance Industries, Inc., S.W. Daniel, Inc., Taurus International Manufacturing, Lloyd Dean V. Parr d/b/a Dean's Gun Shop, Dick's Sporting Goods, Gander Mountain, Gibraltar Trade Center, Joel Silber d/b/a Joel Silber Sporting Goods, General Laney d/b/a Laney's Gun & Supplies, General Laney, Inc., Lortz, Ltd. d/b/a Midwest Ordnance, Motor City Sports Car, Ltd., Urbanski's Gun Shop, d/b/a Pago's Gun Shop, Sports Authority MI, Sports Authority, Inc., and B.L. Jennings, Defendants.
Court of Appeals of Michigan.
*851 Charfoos & Christensen, P.C. (by David W. Christensen, Samuel L. Simpson, and David R. Parker), Detroit, for the Mayor of the city of Detroit and others.
Cox & Weiner (by Cy V. Weiner and Elizabeth C. Thompson), Southfield, for the Wayne County Executive.
Brady Center to Prevent Gun Violence (by Dennis Henigan, Brian J. Siebel, and Allen K. Rostron), Washington, DC, for the plaintiffs.
Kitch Drutchas Wagner Denardis & Valitutti (by Susan Healy Zitterman and John Paul Hessburg) (Renzulli & Rutherford, LLP, by John Renzulli and Christopher Renzulli, of counsel) (Friday, Eldredge & Clark, by William M. Griffin, III, of counsel) (Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, by Timothy A. Bumann, of counsel) (Timothy G. Atwood, of counsel), Detroit; New York, NY; Little Rock, Ark; Atlanta, Ga; Shelton, Conn., for Arms Technology, Inc., Browning Arms Co., Glock, Inc., H & R 1871, Inc., Hi Point Firearms, Kel-Tec CNC Industries, Inc., O.F. Mossberg & Sons, Inc., Taurus Manufacturing, Inc., and International Armament Corp.
Jaffe, Raitt, Heuer & Weiss (by R. Christopher Cataldo) (Wildman, Harrold, Allen & Dixon, by James P. Dorr, James Vogts, and Sarah Olson, of counsel), Detroit; Chicago, IL, for Sturm Ruger & Co., Inc.
Feikens, Stevens, Kennedy, Hurley & Galbraith, P.C. (by Jon Feikens) (Jones, Day, Reavis & Pogue, by Thomas Fennell and Michael L. Rice, of counsel), Detroit;
*852 Dallas, TX, for Colt's Manufacturing Company, Inc.
Rutledge, Manion, Rabaut, Terry & Thomas, P.C. (by Alvin A. Rutledge) (Gordon, Feinblatt, Rothman, Hoffberger & Hollander, L.L.C., by Lawrence Greenwald, of counsel), Detroit; Baltimore, MD, for Beretta USA Corp.
Secrest, Wardle, Lynch, Hampton, Truex & Morley (by Robert B. Holt, Jr.) (Bruinsma & Hewitt, by Michael S. Hewitt, of counsel) (Tarics & Carrington, P.C., by Michael Branisa and Michael Zomcik, of counsel), Farmington Hills; Houston, TX; Cosa Mesa, Cal., for Bryco Arms, Phoenix Arms, and B.L. Jennings, Inc.
Martin, Bacon & Martin, P.C. (by Jonathan E. Martin) (Shook, Hardy & Bacon, L.L.P., by Jeffrey S. Nelson, of counsel), Mt. Clemens; Kansas City, MO, for Smith & Wesson Corp.
Mantese Miller and Mantese, P.L.L.C. (by Gerard Mantese, E. Powell Miller, and Ann L. Miller), Troy, for MKS Supply, Inc.
Dipietro & Day, P.C. (by Thomas K. Dipietro), Belleville, for Alexander's Sport Shop, Inc.
Before: HOEKSTRA, P.J., and WILDER and ZAHRA, JJ. *846 *847 *848 *849
*850 PER CURIAM.
In these consolidated appeals, defendants appeal by leave granted the trial court's decision denying their motions for summary disposition based on MCR 2.116(C)(8). We reverse.
I. Facts and Proceedings
The political subdivision plaintiffs in this case are among the numerous political subdivisions nationwide that have filed suit against firearms manufacturers, distributors, and retailers such as defendants, articulating theories under which defendants would be held liable as contributors to the level of gun violence experienced in their communities. While the cases in other jurisdictions lend some perspective to the issues raised, our focus is, and must be, whether plaintiffs' claims are viable under Michigan law.
In April 1999, plaintiffs Wayne County Executive, Wayne County and others and the mayor of the city of Detroit and the city of Detroit filed separate complaints against manufacturers, distributors, and retailers of legal firearms, alleging that the methods used by defendants to market and distribute firearms constitute concerted, intentional, reckless, and negligent conduct that rises to the level of a public nuisance. Plaintiffs seek damages for public nuisance and negligence against defendants, alleging that defendants "have knowingly and deliberately, and for their own financial benefit, marketed and distributed guns in a manner that foreseeably injures" plaintiffs, their citizens, and their employees (the county did not claim injury to its employees). Plaintiffs allege that defendants' conduct, described as a "careful strategy which couples manufacturing decisions, marketing schemes, and distribution patterns with a carefully constructed veil of deniability regarding particular point-of-sale transactions," has "imposed... ongoing and permanent harm" on each plaintiff in the form of loss of life, serious injury, law enforcement expenses, and emergency response costs. Plaintiffs further allege that defendants' conduct interferes significantly with the public health, safety, and welfare, and is "conduct which Defendants knew or should have known to be of a continuous and long-lasting nature that produces permanent and significant adverse effects," thus creating a public nuisance. Plaintiffs also assert that defendants have violated their duty not to impose an unreasonable risk of foreseeable harm and have proximately caused harm. *853 Accordingly, plaintiffs contend that defendants' conduct also constitutes actionable negligence.
Plaintiffs allege that defendants rely on the diversion of guns from legitimate purchasers to an illegitimate secondary market through "straw" purchases,[1] multiple sales,[2] sales to "kitchen table" dealers,[3] and sales to corrupt dealers, and that defendants could reduce the flow of weapons to the secondary market by monitoring and guiding dealers and by limiting shipments to dealers who defendants know supply weapons to illegal purchasers. Rather than employing such measures, plaintiffs allege, defendants, with knowledge of the ease with which one can become a federally licensed firearms dealer, engage in "willful blindness" that results in profit for defendants. Plaintiffs quote Robert Haas, former senior vice-president of marketing and sales for defendant Smith and Wesson Corp., as stating that the manufacturers are aware of the funneling of their products into the illegal market but have not taken steps to supervise or screen distributors or retailers to ensure responsible distribution.
Plaintiffs also allege that defendant dealers have "negligently or intentionally acted to create and maintain the illegitimate secondary market" by openly making sales without requiring purchasers to complete the necessary paperwork, failing to conduct mandated background checks before sales, and permitting purchases when the dealer knows or should know that the gun is going to be diverted to the secondary market for illegal activity.
The complaints contain various statistics concerning gun violence throughout Wayne County and the country and the accessibility of guns to youths and felons. Additionally, the complaints cite data from the Bureau of Alcohol, Tobacco, and Firearms (ATF) that traces firearms used in crimes to retail sales that occurred less than three years before the crime, which, according to plaintiffs, is strong evidence that the weapons have been illegally trafficked. Plaintiffs allege that thousands of guns have flowed into the illegal secondary market and that defendants have done nothing to decrease these unlawful sales. Defendants, plaintiffs assert, have failed to ensure that retailers selling their products have adequately secured their premises, causing thousands of guns to reach the unlawful market after having been stolen from licensed dealers, and have failed to make the serial numbers on their products more tamperproof, thereby making it more difficult to track unlawful sales.
All defendants, plaintiffs claim, have made or sold firearms used to commit crimes in either Detroit or Wayne County. Plaintiffs assert that defendants had actual or constructive knowledge that citizens and law enforcement officers would be injured or killed because of their actions and that plaintiffs would suffer economic harm *854 in the form of loss of tax revenue as a result.
In December 1999, defendants filed a motion for summary disposition of plaintiffs' complaints, pursuant to MCR 2.116(C)(8).[4] In addition to challenging the validity of plaintiffs' causes of action, defendants argued that M.C.L. § 123.1102, which prohibits local regulation of firearms, bars plaintiffs' actions because litigation constitutes regulation within the meaning of M.C.L. § 123.1102. In a written opinion, the trial court granted defendants' motion to dismiss plaintiffs' negligence claims because plaintiffs failed to establish that defendants owed them a legally cognizable duty. Plaintiffs have not appealed the trial court's dismissal of their negligence claims.
The trial court denied defendants' motion regarding plaintiffs' public nuisance claims. The trial court first determined that because plaintiffs alleged that defendants acted willfully, not just negligently, and because the creation of a public nuisance can be intentional, dismissal of plaintiffs' negligence claims was not fatal to plaintiffs' public nuisance claims. The trial court also rejected defendants' argument that public nuisance relates to the use of land, not products, concluding that private nuisance is related to the use of land but that public nuisance is not similarly limited. Furthermore, the trial court characterized plaintiffs' claims as allegations of nuisance per accidens, not nuisance per se, and stated that the proper remedy for nuisance per accidens is regulation. Accordingly, the trial court rejected defendants' argument that M.C.L. § 123.1102 prohibits plaintiffs' claims. Moreover, the trial court rejected defendants' assertion that plaintiffs cannot recover the costs of municipal services as damages, and further found that plaintiffs' claims were not so remote that defendants should not be held liable.
After the trial court rendered its opinion, several defendants filed applications for leave to appeal the trial court's decision to this Court. We initially held their applications in abeyance, however, because defendants had filed a second motion for summary disposition, which concerned the applicability of
After hearing arguments on defendants' second motion for summary disposition, the trial court declared M.C.L. § 28.435 unconstitutional. The trial court held that plaintiffs could challenge the statute on due process grounds on the basis of certain exceptions to the "no standing" rule that apply in other jurisdictions, and that, when retroactively applied, the statute violates plaintiffs' due process rights by impairing a vested right. Additionally, the trial court found that the statute violates separation-of-powers principles because *855 the Legislature declared what the status of the law had been before the enactment of the statute. The trial court did not address plaintiffs' Title-Object Clause challenge.
Defendants subsequently filed applications for leave to appeal the trial court's order denying their second motion. We granted leave to appeal the orders denying both motions for summary disposition.[5] The appeals were consolidated. Because we conclude that M.C.L. § 28.435 is constitutional and bars plaintiffs' suits, we reverse and remand for entry of a judgment in favor of the defendants.
II. Standard of Review
We review de novo the question whether a trial court properly granted summary disposition. Hinkle v. Wayne Co. Clerk,
III. Analysis
MCL 28.435 provides, in relevant part:
(9) Subject to subsections (10) to (12), a political subdivision shall not bring a civil action against any person who produces a firearm or ammunition. The authority to bring a civil action under this section is reserved exclusively to the state and can be brought only by the attorney general. The court shall award costs and reasonable attorney fees to each defendant named in a civil action filed in violation of this subsection.
* * *
(13) Subsections (9) through (11) are intended only to clarify the current status of the law in this state, are remedial in nature, and, therefore, apply to a civil action pending on the effective date of this act.
Although M.C.L. § 28.435 permits political subdivisions to bring an action against producers[6] of firearms or ammunition in certain enumerated circumstances, plaintiffs concede that if M.C.L. § 28.435 is valid, it bars the claims asserted in this case.[7] Plaintiffs contest, however, the constitutional *856 validity of the statute. Plaintiffs argue that the statute violates the separation of powers, Const. 1963, art. 3, § 2; and the Title-Object Clause, Const. 1963, art. 4, § 24. Plaintiffs also assert that when applied retroactively, M.C.L. § 28.435 violates their due process rights.
"A statute is presumed constitutional, unless its unconstitutionality is readily apparent." Tolksdorf v. Griffith,
"Every reasonable presumption or intendment must be indulged in favor of the validity of the act, and it is only when invalidity appears so clearly as to leave no room for reasonable doubt that it violates some provision of the Constitution that a court will refuse to sustain its validity." [Council of Orgs., Others for Ed. About Parochiaid, Inc. v. Governor,455 Mich. 557 , 570,566 N.W.2d 208 (1997), quoting Cady v. Detroit,289 Mich. 499 , 505,286 N.W. 805 (1939).]
"The party challenging the facial constitutionality of an act `must establish that no set of circumstances exists under which the [a]ct would be valid.'" Council of Orgs., supra at 568,
A. Due Process
For ease of analysis, we will address the last of plaintiffs' constitutional challenges first. In accordance with Michigan law, we find that plaintiffs lack standing to assert that they, as political subdivisions, have been deprived of due process of law. "`[E]xcept as to certain express constitutional grants and limitations of power, local government units are only creatures of legislation' and they do not have standing to challenge the constitutionality of a statutory provision enacted by the Legislature [on equal protection or due process grounds]." Kent Co. Aeronautics Bd. v. Dep't of State Police,
Although the holding in DeWitt is prefaced by a recognition that exceptions to the general rule exist, Kent Co., supra at 580,
Next, plaintiffs claim that it is unfair to allow defendants to raise the statute as a bar to plaintiffs' suit, yet prohibit plaintiffs from defending against the statute's application. Even though this "defensive posture" exception also is not an express constitutional grant or limitation of power, the trial court endorsed this exception and permitted plaintiffs to assert their due process challenge, resting its ruling on Fuchs v. Robbins,
Fourth, as defendants note, in at least two Michigan cases where a political subdivision raised a constitutional challenge from a defensive posture, this Court declined to address this question while concluding that the political subdivision did not have standing to bring the action. Goodridge v. Ypsilanti Twp. Bd.,
Plaintiffs next argue that a political subdivision has standing to challenge legislation when the issue is one of great public concern. No Michigan appellate court has acknowledged this exception, and, although the trial court was unwilling to rest its decision on this exception alone, it nevertheless found that plaintiffs had standing on this basis. We disagree. Most of the cases applying the great public concern exception do so on the basis that the public official or political subdivision involved joined a private litigant to collectively challenge the statute, and that the public official or political subdivision had a significant stake in the outcome of the proceedings. See, e.g., Minnesota State Bd. of Health v. Brainerd,
Plaintiffs also argue that a political subdivision has standing to assert due process claims when it has a sufficient interest in the outcome of the litigation. The cases relied on by plaintiffs are inapplicable here. In both Saginaw Co. v. Buena Vista School Dist.,
Waterford involved an action by the school district to enforce payment of funds mandated by the Headlee Amendment, thus seeking to protect specific rights accorded the district. As such, standing to sue was clear. In the instant case, however, plaintiff districts do not seek to enforce rights conferred upon them....
... Except as provided by the state, they have no existence, no functions, no rights and no powers. They are given no power, nor can any be implied, to defy their creator over the terms of their existence.
This "exception" is also inapplicable, and we therefore conclude that plaintiffs lack standing to contest the validity of M.C.L. § 28.435 on due process grounds.
B. Separation of Powers
Plaintiffs next claim that by enacting M.C.L. § 28.435, the Legislature overstepped the constitutional boundaries of its power and infringed on the role of the courts, thereby violating separation of powers principles.[8] Michigan's Constitution provides:
The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution. [Const. 1963, art. 3, § 2.]
As the Michigan Supreme Court noted in Quinton v. Gen. Motors Corp.,
Plaintiffs argue that by stating in M.C.L. § 28.435(13) that the pertinent portions of M.C.L. § 28.435 "are intended only to clarify the current status of the law," the Legislature has intruded on the exclusive authority of the judicial branch to interpret the law. Plaintiffs also assert that the legislative clarification of the statute improperly overturns the trial court's ruling that this action is not prohibited by M.C.L. § 123.1102. We disagree.
At its core, plaintiffs' separation-of-powers challenge hinges on the fact that the enactment of M.C.L. § 28.435(9)-(13) effectively overrides the trial court's finding that plaintiffs are not prohibited by M.C.L. *859 § 123.1102 from bringing this action. Plaintiffs vigorously assert that this statutory enactment "overturns a judicial decision" or, alternatively, "seeks to compel a judicial decision in favor of defendants." We find plaintiffs' arguments to be misplaced.
First, we note that the trial court's ruling regarding M.C.L. § 123.1102 did not constitute a final judgment because it did not dispose of all claims and adjudicate all the rights and liabilities of the parties. MCR 7.202(7)(a)(i); Allied Electric Supply Co., Inc. v. Tenaglia,
Congress can always revise the judgments of Article III courts in one sense: When a new law makes clear that it is retroactive, an appellate court must apply that law in reviewing judgments still on appeal that were rendered before the law was enacted, and must alter the outcome accordingly. See United States v. Schooner Peggy,5 U.S. 103 ,1 Cranch 103 ,2 L.Ed. 49 (1801); Landgraf v. USI Film Products,511 U.S. 244 , 273, 280,114 S.Ct. 1483 ,128 L.Ed.2d 229 (1994).... [A] distinction between judgments from which all appeals have been foregone or completed, and judgments that remain on appeal (or subject to being appealed), is implicit in what Article III creates: not a batch of unconnected courts, but a judicial department composed of "inferior Courts" and "one supreme Court." Within that hierarchy, the decision of an inferior court is not (unless the time for appeal has expired) the final word of the department as a whole. It is the obligation of the last court in the hierarchy that rules on the case to give effect to Congress's latest enactment, even when that has the effect of overturning the judgment of an inferior court, since each court, at every level, must "decide according to existing laws." Schooner Peggy, supra, at 109. [Plaut, supra at 226-227,115 S.Ct. 1447 .]
We therefore conclude, consistent with the principles articulated in Plaut, that plaintiffs cannot show that the enactment of M.C.L. § 28.435 violates the Michigan Constitution simply because it was enacted after the trial court ruled on the applicability of M.C.L. § 123.1102.
Second, we disagree with plaintiffs' assertion that because the Legislature intended M.C.L. § 28.435 to clarify rather than change the law, the statute violates separation-of-powers principles. The statute at issue does not directly interfere with judicial decision making because it does not direct the judiciary either to make specific findings of fact or to apply relevant facts to the law in a particular way. Hyundai Merchant Marine Co., Ltd. v. United States,
Third, we think it worthy of mention that M.C.L. § 28.435 was introduced in the Legislature as House Bill 5781 on May 11, 2000, five days before the trial court rendered its decision permitting plaintiffs to proceed under M.C.L. § 123.1102. As introduced, *860 the bill stated its intention to clarify the existing law, its remedial nature, and, thus, its retroactivity and application to pending civil actions. Factually, therefore, plaintiff's contention that M.C.L. § 28.435 is intended only to respond to the rulings of the trial court is not supported. We are not inclined to ascribe to the Legislature a prescience or omniscience concerning the trial court's pending ruling.
For all of the reasons we have articulated, we conclude that M.C.L. § 28.435 does not violate the separation-of-powers principles found in the Michigan Constitution.
C. Title-Object Clause
The Title-Object Clause provides that "[n]o law shall embrace more than one object, which shall be expressed in its title." Const. 1963, art. 4, § 24. Plaintiffs argue that
This constitutional provision requires that (1) a law must not embrace more than one object, and (2) the object of the law must be expressed in its title.... This constitutional limitation ensures that legislators and the public receive proper notice of legislative content and prevents deceit and subterfuge.... The goal of the clause is notice, not restriction of legislation.
The "object" of a law is defined as its general purpose or aim.... The "one object" provision must be construed reasonably, not in so narrow or technical a manner that the legislative intent is frustrated.... We should not invalidate legislation simply because it contains more than one means of attaining its primary object; "[h]owever, if the act contains `subjects diverse in their nature, and having no necessary connection,'" it violates the Title-Object Clause.... The act may include all matters germane to its object, as well as all provisions that directly relate to, carry out, and implement the principal object.... The statute" may authorize the doing of all things which are in furtherance of the general purpose of the Act without violating the `one object' limitation of art. 4, § 24." ... Finally, the constitutional requirement is not that the title refer to every detail of the act; rather, "[i]t is sufficient that `the act centers to one main general object or purpose which the title comprehensively declares, though in general terms, and if provisions in the body of the act not directly mentioned in the title are germane, auxiliary, or incidental to that general purpose...."'
First, plaintiffs assert a violation of the Title-Object Clause on the basis that subsections 1 through 8 of M.C.L. § 28.435, requiring trigger locks or similar devices and warnings about safe storage, are in stark contrast to subsections 9 through 13, setting the limits of civil suits that may be maintained by a political subdivision against a producer of firearms or ammunition.[10] According to plaintiffs, no logical connection exists between these two sections of the statute. Moreover, plaintiffs assert, the incongruity of these two sets of sections is further shown by the fact that the law M.C.L. § 28.435 purportedly clarifies, M.C.L. § 123.1102, is found *861 in a completely different chapter of the Michigan Compiled Laws.
We agree with defendants that plaintiffs read the term "object" too narrowly. In People v. Kevorkian,
Likewise, in the instant case, the act's provisions each relate to firearms regulation. Although subsections 9 through 13 provide immunity from civil liability in certain instances, this immunity extends to situations discussed in the act, namely providing trigger locks and firearm safety information. While the specific causes of action are prohibited, so are suits based on a failure to comply with the other provisions of the act, as is demonstrated by the plain language of subsection 9, which states that "[t]he authority to bring a civil action under this section is reserved exclusively to the state and can be brought only by the attorney general." MCL 28.435(9) (emphasis added). Additionally, delineating the entity with the authority to enforce this section is clearly a matter germane to its implementation. Pohutski, supra at 691,
Plaintiffs also argue that the object of M.C.L. § 28.435 is not adequately reflected in its title. Again, we disagree. When the Legislature enacted
An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act.
As amended, the title of
An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide for penalties and remedies for violations of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act.
*862 Plaintiffs argue that the provisions concerning civil immunity in certain circumstances and the powers and duties of certain state and local agencies were added to the title by
IV. Conclusion
Because we find that plaintiffs' have not raised a sustainable challenge to the constitutionality of M.C.L. § 28.435, plaintiffs' actions against defendants are barred and we need not address the trial court's remaining rulings.
Reversed and remanded for entry of judgment in favor of defendants. We do not retain jurisdiction.
NOTES
Notes
[1] A "straw" purchase, according to plaintiffs, is one where a "[qualified] purchaser buys the gun from a licensed dealer for a person who is not qualified to purchase the firearm under federal and state regulations, such [as] a juvenile or convicted felon." Plaintiffs claim that many of these straw purchases occur under circumstances where the seller knew or should have known that a straw purchase was taking place.
[2] A "multiple sale" occurs when a qualified buyer purchases several guns at once or over a short period from a licensed dealer with the intention of transferring the guns to people who are not qualified to make the purchases.
[3] "Kitchen table" dealers are federally licensed dealers who do not sell from a retail establishment and then proceed to sell weapons without completing the necessary background checks or complying with reporting requirements.
[4] Although defendants stated at the beginning of their motion that each count of plaintiffs' complaints was legally infirm, the motion focused on the negligence and public nuisance claims. These counts were also the focus of oral argument, and the trial court's opinion is limited to these issues.
[5] On appeal, many of the defendants have filed joint pleadings and refer to themselves as "certain manufacturer defendants." Defendant MKS Supply, Inc., has acted individually but has joined the arguments raised on appeal by "certain manufacturer defendants" and has offered some of its own arguments regarding the constitutionality of M.C.L. § 28.435. Defendant Alexander's Sport Shop, Inc., although a dealer, also joins in the arguments of certain manufacturer defendants. Throughout this opinion, the term" "defendants" refers to all these defendants, who have raised substantially the same arguments. The remaining defendants have not appealed the trial court's decisions.
[6] "`Produce' means to manufacture, construct, design, formulate, develop standards for, prepare, process, assemble, inspect, test, list, certify, give a warning or instructions regarding, market, sell, advertise, package, label, distribute, or transfer." MCL 28.435(15)(e).
[7] MCL 28.435(10) describes instances in which a political subdivision is permitted to sue a producer of firearms. Permissible actions include actions based on:
(a) A breach of contract, other contract issue, or an 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.
(b) Expressed or implied warranties 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.
(c) A product liability, personal injury, or wrongful death action 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. [MCL 28.435(10)(a)-(c).]
[8] Defendants do not contest plaintiffs' standing to assert that the Legislature violated separation-of-powers principles. We also note that although Kent Co. stated broadly that political subdivisions lack standing to assert constitutional challenges, it is clear from the discussion in Kent Co. and the authority underlying its analysis, i.e., DeWitt, that the discussion in Kent Co. was limited to a political subdivision's standing to assert due process and equal protection challenges.
[9] In this regard, we observe (as did the court in Hyundai, supra at 549 n. 6) that because the Legislature is authorized to revise laws, if M.C.L. § 28.435 changed the law, plaintiffs' separation-of-powers argument is not feasible, and if the statute merely clarified the law, plaintiffs never had a viable claim.
[10] See n. 6.