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.