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.

to the party challenging the ordinance or regulation.

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