HB 4616 prohibitition of local Ordinances...Provide penalties

[Tallbear]

HB 4616 of 2017 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2017-HB-4616)
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

[Roundballer]

This looks like a word for word reintroduction of 2015-HB-4795 - H-4 (http://legislature.mi.gov/doc.aspx?2015-HB-4795) 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.

[luckless]

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

[Roundballer]

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.


(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.

[Kaeto]

So it's toothless now?

[Roundballer]

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.

[bigt8261]

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

[Roundballer]

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.

[bigt8261]

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.

[Tallbear]

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

[PhotoTom]

HB 4616 of 2017 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2017-HB-4616)
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: 9/8/2017 Analysis File Added

http://www.legislature.mi.gov/documents/2017-2018/billanalysis/House/pdf/2017-HLA-4616-D6D2CC6B.pdf

[dpgperftest]

English please this is all Greek

[Tallbear]

English please this is all Greek

http://www.legislature.mi.gov/documents/2017-2018/billanalysis/House/pdf/2017-HLA-4616-D6D2CC6B.pdf

[dpgperftest]

http://www.legislature.mi.gov/documents/2017-2018/billanalysis/House/pdf/2017-HLA-4616-D6D2CC6B.pdf

Skimming over it right now because it seems it just a way to increase the size of government local government State you know a make job program for the state and local or did i breeze over that too fast

[luckless]

Skimming over it right now because it seems it just a way to increase the size of government local government State you know a make job program for the state and local or did i breeze over that too fast

I'd say you typed it too fast. Not too sure how the reading went.

[dpgperftest]

I'd say you typed it too fast. Not too sure how the reading went.

Put it real short it's a money generator for local governments in at the same time makes you a criminal of sometime

[PhotoTom]

Put it real short it's a money generator for local governments in at the same time makes you a criminal of sometime

It has nothing to do with generating money for local governments.

From the twice linked analysis:

It would provide that, if a local unit of government enacts a gun control ordinance or regulation in opposition to state law:
(1) the local unit of government must bring that ordinance or regulation into compliance within 60 days;
(2) if it does not, a resident can bring an action or file a complaint with the Attorney General to bring an action, after 90 days' notice to the local unit; and
(3) if the court finds a violation, it will issue an injunction to stop enforcement of the ordinance or regulation, order the local unit to repeal the ordinance or regulation, and award actual damages, costs, and reasonable attorney fees to the challenging party.

The court may also assess a civil fine against elected or appointed officials for knowingly and willfully enacting or enforcing an ordinance or regulation in violation of the Act.

It simply gives a path of resolution AGAINST local units of government that thumb their noses at the preemption law already on the books.
As it stands currently, we have numerous local units of government thumbing their noses at the preemption law with little/no repercussions short of losing in court when/if cases are brought against them such as MGO v AAPS (if won in appeal).

[dpgperftest]

It has nothing to do with generating money for local governments.

From the twice linked analysis:


It simply gives a path of resolution AGAINST local units of government that thumb their noses at the preemption law already on the books.
As it stands currently, we have numerous local units of government thumbing their noses at the preemption law with little/no repercussions short of losing in court when/if cases are brought against them such as MGO v AAPS (if won in appeal).
Thanks Tom for clarifying that I read it too quick when I'm on the run on my iPhone

[dpgperftest]

Thanks Tom for clarifying that I read it too quick when I'm on the run on my iPhone

You think this is going to pass for Michigan

[PhotoTom]

You think this is going to pass for Michigan

Personally? Nope. To much "influential" opposition to the bill already...

[dpgperftest]

Personally? Nope. To much "influential" opposition to the bill already...

My thoughts too,
All I can say if it don't pass than it's time for us voters to drain the swamp in lansing ��

[PhotoTom]

HB 4616 of 2017 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2017-HB-4616)
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: 9/27/2017 transmitted

[bigt8261]

It passed the House 69-39 and is now heading to the Senate.

Unfortunately, the bill has been sent to the Senate Government Operations Committee. This is the same committee the con carry bills were sent to and which is chaired by Senate Majority Leader Arlan Meekhof.

[DeSchaine]

Ah yes... Senator Meek. That lackluster politico that singlehandedly screwed up the last batch of gun rights legislation.

[PhotoTom]

HB 4616 of 2017 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2017-HB-4616)
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: 9/28/2017 REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS