Bill Text: MI HB4616 | 2017-2018 | 99th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 4616
May 17, 2017, Introduced by Reps. Howell, LaFave, Barrett, Johnson, Dianda, VanSingel, Hoitenga, Hornberger, Marino, Noble, Lower, Hernandez, VanderWall, Alexander, Lucido, Reilly, Canfield, Glenn and Bellino and referred to the Committee on Local Government.
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, 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, other
firearms, or pneumatic guns, ammunition for pistols or other
firearms, or components of pistols or other firearms; to prescribe
the duties of certain local officers and officials; to require
local units of government to provide certain notices; and to
provide for penalties and remedies.
Sec. 4a. 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 circuit court
in the judicial district in which that local unit of government is
located as follows:
(a) If the ordinance or regulation was in effect before the
effective date of the amendatory act that added this section, 90
days after the date the individual or organization provides written
notice to the local unit of government concerning the ordinance or
regulation.
(b) If the ordinance or regulation is adopted or enacted after
the effective date of the amendatory act that added this section,
immediately upon or at any time after enactment or enforcement of
the ordinance or regulation.
Sec. 4b. If a local unit of government repeals or amends an
ordinance or regulation while an action is pending in the circuit
court as provided in section 4a, the court shall award costs and
reasonable attorney fees to the individual or organization
challenging the ordinance or regulation.
Sec. 4c. (1) If an individual or organization brings an action
as described in section 4a 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 individual or organization challenging the ordinance or
regulation.
(2) In addition to the requirements under subsection (1), if
the court determines that an elected or appointed official, or the
council, commission, or board of the local unit of government,
knowingly and willfully violated this act, the court shall require
the elective or highest appointive executive official of the local
unit of government to notify each registered elector in the local
unit of government by mail of both of the following:
(a) The finding by the circuit court that the local unit of
government knowingly and willfully violated this act.
(b) The aggregate cost incurred by the local unit of
government in defending an action brought under this act,
including, but not limited to, the amount of actual damages, costs,
and reasonable attorney fees that were awarded to an individual or
organization bringing an action under this act.
(3) If the elective or highest appointive executive official
of the local unit of government is required to send a notice to
each registered elector as provided under subsection (2), the
notice shall not include the name of the individual or organization
that brought the action under this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
