Bill Text: MI HB5500 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Local government; other; prohibition of local ordinances dealing with pistols and other firearms; clarify, and provide penalties. Amends title of 1990 PA 319 (MCL 123.1101 - 123.1105) & adds secs. 4a, 4b & 4c.
Spectrum: Strong Partisan Bill (Republican 16-1)
Status: (Introduced - Dead) 2014-05-01 - Printed Bill Filed 05/01/2014 [HB5500 Detail]
Download: Michigan-2013-HB5500-Introduced.html
HOUSE BILL No. 5500
April 30, 2014, Introduced by Reps. McMillin, Lyons, Shirkey, Genetski, Crawford, Hooker, Rogers, Johnson, VerHeulen, Yonker, Dianda, LaFontaine, MacMaster, Callton, Goike, Kesto and McBroom and referred to the Committee on Judiciary.
A bill to amend 1990 PA 319, entitled
"An act to prohibit local units of government from imposing certain
restrictions on the ownership, registration, purchase, sale,
transfer, transportation, or possession of pistols or other
firearms, ammunition for pistols or other firearms, or components
of pistols or other firearms,"
(MCL 123.1101 to 123.1105) by amending the title and by adding
sections 4a, 4b, and 4c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to prohibit local units of government from imposing
certain restrictions on the ownership, registration, purchase,
sale, transfer, transportation, or possession of pistols or other
firearms, ammunition for pistols or other firearms, or components
of pistols or other firearms; and to prescribe penalties.
Sec. 4a. Not later than 90 days after the effective date of
the amendatory act that added this section, if a local unit of
government has an existing ordinance or regulation that violates
this act, the local unit of government shall bring that ordinance
or regulation into compliance with this act.
Sec. 4b. Beginning 91 days after the effective date of the
amendatory act that added this section, if an individual or
organization is adversely affected by an ordinance or regulation
that violates this act, that individual or organization may bring
an action in the district court in the judicial district in which
that local unit of government is located.
Sec. 4c. (1) Beginning 91 days after the effective date of the
amendatory act that added this section, if an individual or
organization brings an action as described in section 4b and the
court determines that the ordinance or regulation of the local unit
of government violates this act, the court shall do all of the
following:
(a) Declare the ordinance or regulation of the local unit of
government void and unenforceable.
(b) Issue an injunction restraining the local unit of
government from enforcing the ordinance or regulation.
(c) Order the local unit of government to amend or repeal the
ordinance or regulation.
(d) Award costs and reasonable attorney fees to the individual
or organization challenging the ordinance or regulation.
(2) In addition to the requirements under subsection (1), if
the court determines an elected or appointed official of the local
unit of government knowingly and willfully enacted or enforced an
ordinance or regulation in violation of this act, then the court
shall assess a civil fine of not more than $5,000.00 against that
elected or appointed official, which is in addition to any penalty
that may be assessed under 1966 PA 158, MCL 752.11 to 752.12.
(3) Except as otherwise required by law, public funds shall
not be used to defend or reimburse an elected or appointed official
of a local unit of government who is determined to have knowingly
and willfully enacted or enforced an ordinance or regulation in
violation of this act.
