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.