August 18, 2015, Introduced by Reps. Chatfield, Rendon, Johnson, Outman, Hooker, Franz, Bumstead, Theis, Barrett, Poleski, Cole, Pettalia, Aaron Miller, Runestad, Kelly, Lauwers, Dianda, Courser and Glenn 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, 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; and to
prescribe penalties.
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 district
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 district
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 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 other
penalty provided by law.
(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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.