Bill Text: MI HB4616 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Local government; other; prohibition of local ordinances dealing with pistols and other firearms; clarify penalties and provide for certain notices. Amends title of 1990 PA 319 (MCL 123.1101 - 123.1105) & adds secs. 4a, 4b & 4c.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-09-28 - Referred To Committee On Government Operations [HB4616 Detail]
Download: Michigan-2017-HB4616-Engrossed.html
HB-4616, As Passed House, September 27, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 4616
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, other firearms,
or pneumatic guns, ammunition for pistols or other firearms, or
components of pistols or other firearms,"
(MCL 123.1101 to 123.1105) by amending the title, as amended by
2015 PA 29, and by adding sections 4a, 4b, 4c, 4d, and 4e.
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, other
firearms, or pneumatic guns, ammunition for pistols or other
firearms, or components of pistols or other firearms; to prescribe
the powers and duties of certain state and local officers,
officials, and employees; and to provide for penalties and
remedies.
Sec. 4a. Not later than 60 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 61 days after the effective date of the
amendatory act that added this section, if a local unit of
government enacts, enforces, or refuses to bring into compliance an
ordinance or regulation that violates this act, an individual who
is a resident of this state may do either of the following:
(a) After giving 90 days' written notice to the local unit of
government, bring an action to enforce this act in the circuit
court in the judicial district in which that local unit of
government is located.
(b) File a complaint with the attorney general on a form
prescribed by the attorney general.
Sec. 4c. (1) The attorney general may receive complaints
regarding violations of this act and investigate those complaints.
A local unit of government shall cooperate with any investigation
conducted by the department of the attorney general concerning a
violation of this act.
(2) Beginning 61 days after the effective date of the
amendatory act that added this section, if a local unit of
government enacts, enforces, or refuses to bring into compliance an
House Bill No. 4616 as amended September 27, 2017
ordinance or regulation that violates this act, the attorney
general shall, after giving 90 days' written notice to the local
unit of government, bring an action to enforce this act in the
circuit court in the judicial district in which that local unit of
government is located.
Sec. 4d. If a local unit of government repeals or amends an
ordinance or regulation to bring that ordinance or regulation into
compliance with this act while an action is pending in the circuit
court, the court shall award costs and reasonable attorney fees to
the party challenging the ordinance or regulation.
Sec. 4e. [ ] If an individual brings an action as described in
section 4b, or if the attorney general brings an action as
described in section 4c, 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) Issue an injunction restraining the local unit of
government from enforcing the ordinance or regulation.
(b) Order the local unit of government to amend or repeal the
ordinance or regulation.
(c) Award actual damages, costs, and reasonable attorney fees
to the party challenging the ordinance or regulation.
[
House Bill No. 4616 as amended September 27, 2017
]
