HOUSE BILL NO. 6338
A bill to prohibit the enforcement of certain federal laws in this state; and to provide for damages and remedies.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "second amendment preservation act".
(a) "Law-abiding citizen" means an individual who is not otherwise prohibited from possessing a firearm under state law. Law-abiding citizen does not include an individual who is not legally present in the United States.
(b) "Material aid and support" means voluntarily giving or allowing others to make use of any of the following:
(i) Lodging.
(ii) Communications equipment or services, including social media accounts.
(iii) Facilities.
(iv) Weapons.
(v) Personnel.
(vi) Transportation.
(vii) Clothing.
(viii) Any other physical assets.
(c) Material aid and support does not include giving or allowing the use of medicine or other materials necessary to treat physical injuries, or any assistance provided to help individuals escape a serious risk of life-threatening injury.
(d) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
Sec. 3. (1) Any federal law, rule, regulation, executive order, or administrative order is unenforceable in this state if the law, rule, regulation, executive order, or administrative order does any of the following:
(a) Imposes a tax, levy, fee, or stamp on firearms, firearm accessories, or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens.
(b) Requires the registration or tracking of firearms, firearm accessories, or ammunition.
(c) Requires the registration or tracking of the owners of firearms, firearm accessories, or ammunition.
(d) Prohibits the possession, ownership, use, or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens.
(e) Orders the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
(2) A person shall not enforce or attempt to enforce any federal law, rule, regulation, executive order, or administrative order described in subsection (1) within this state.
(3) A person that knowingly enforces or attempts to enforce any federal law, rule, regulation, executive order, or administrative order described in subsection (1) within this state is liable for actual damages or $50,000.00, whichever is greater.
(4) In addition to an action for damages or other relief, any person injured under this section or residing or conducting business in this state who believes that this act has been violated may bring an action for damages or injunctive relief in the circuit court of the county in which the action allegedly occurred or in the Ingham County circuit court. The court shall hold a hearing not later than 30 days after service of the petition. In an action brought under this subsection, the court may award the prevailing party, except for this state or any political subdivision of this state, reasonable attorney fees and court costs.
(5) A person may provide material aid to federal officials for any of the following:
(a) Federal officials who are in pursuit of a suspect when there is a demonstrable criminal nexus with another state or country and the suspect is not a citizen of this state or is not lawfully present in this state.
(b) For federal prosecution of felony crimes against a person if the prosecution includes weapons violations substantially similar to those found in chapter 37 of the Michigan penal code, 1931 PA 328, MCL 750.222 to 750.239a, and the weapons violations are merely ancillary to the prosecution.
(c) For federal prosecution for felony violations substantially similar to those found in part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, if the prosecution includes weapons violations substantially similar to those found in chapter 37 of the Michigan penal code, 1931 PA 328, MCL 750.222 to 750.239a, and the weapons violations are merely ancillary to the prosecution
(6) Sovereign immunity is not an affirmative defense in any action under this act.
(7) This act does not prohibit officials in this state from accepting aid from federal officials in an effort to enforce the laws of this state.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.