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Thread: HB 4616 prohibitition of local Ordinances...Provide penalties

  1. #1

    HB 4616 prohibitition of local Ordinances...Provide penalties

    HB 4616 of 2017
    Local government; other; prohibition of local ordinances dealing with pistols and other firearms; clarify penalties and provide for certain notices. Amends title of 1990 PA 319 (MCL 123.1101 - 123.1105) & adds sec. 4a, 4b, & 4c.
    Last Action: 5/18/2017 bill electronically reproduced 05/17/2017
    Mike"Tallbear"Thiede

    Own it Respect it Secure it


  2. #2
    MGO Member Roundballer's Avatar
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    This looks like a word for word reintroduction of 2015-HB-4795 - H-4 that died on the floor of the House about a year ago.


    It provides for court relief from the locals writing ordinances, but they stripped the penalty out of it.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  3. #3
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    I'd like to see real consequences for the individuals who choose to ignore preemption.

  4. #4
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by luckless View Post
    I'd like to see real consequences for the individuals who choose to ignore preemption.
    In the initial HB-4795 there was a $5000 fine attached (personal), but that got stripped out in committee before it went back to the House.

    Quote Originally Posted by HB 4795
    (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.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  5. #5
    MGO Member Kaeto's Avatar
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    So it's toothless now?
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  6. #6
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by Kaeto View Post
    So it's toothless now?
    This bill (HR 4616) started out as the toothless version of the 2015 bill (HR 4795) and is worded exactly like the H-4 version that the House let die on the floor 12-2016.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  7. #7
    Yep, this bill is picking up where 4795 left off.

  8. #8
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by bigt8261 View Post
    Yep, this bill is picking up where 4795 left off.
    Does that mean it's DOA when it gets to the House floor?

    That is where 4795 left off.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  9. #9
    Quote Originally Posted by Roundballer View Post
    Does that mean it's DOA when it gets to the House floor?

    That is where 4795 left off.
    I would not say it means that. The bill was just introduced and now it's getting a hearing. No guarantees on how far it will go, but I don't think there is any justification to call it DOA.

  10. #10
    HB 4616 of 2017
    Local government; other; prohibition of local ordinances dealing with pistols and other firearms; clarify penalties and provide for certain notices. Amends title of 1990 PA 319 (MCL 123.1101 - 123.1105) & adds secs. 4a, 4b & 4c.
    Last Action: 5/23/2017 Analysis File Added
    Mike"Tallbear"Thiede

    Own it Respect it Secure it


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