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the michigan statute prohibiting localities from suing gun manufacturers and dealers is constitutional, the Michigan Supreme Court ruled on Aug. 7. Mayor of Detroit v. Arms Technology Inc., nos. 227669 and 233688. In April 1999, the city of Detroit and its surrounding county, Wayne, filed suit against multiple firearms manufacturers, arguing that they were directly and indirectly responsible for local gun violence. By the time the trial court was set to review the defendants’ second motion for summary disposition, the state Legislature had passed what became § 28.435. The trial court agreed with the plaintiffs that the statute was unconstitutional because it violated due process by being retroactive; it violated the separation of powers by imposing a rule of decision on the trial court; and it violated the Title-Object clause of the Michigan Constitution pertaining to the way statutes are broken down and titled. The Supreme Court reversed. The court ruled that the plaintiffs, as localities, did not have standing to raise a due process claim, noting that there is no exception to this procedural rule even when the locality is asserting a claim of great public importance. The statute does not violate separation of powers because it does not directly interfere with judicial decision-making since the judiciary isn’t being directed to make a specific finding of fact or to apply relevant facts to the law in a particular way. Finally, the statute, which also includes provisions on trigger locks, comports with the Title-Object clause.

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