A bill to amend Act 319 of 1990 (MCL 123.1102) to provide legal remedies for a local unit of government failure to comply with this act. The legal remedies are based upon existing law codified within Act 267 of 1976 entitled the “Open Meetings Act” (MCL 15.271).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
FIREARMS AND AMMUNITION
Act 319 of 1990
123.1102 Regulation of pistols or other firearms.
(1) A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
(2) Once notified, a local unit of government shall immediately cease enforcement of any tax, ordinance, rule, contract provision, or regulation that violates subsection (1). A local unit of government shall have 120 days from date of notification to amend or repeal of any tax, ordinance, rule, contract provision, or regulation that violates subsection (1) and to amend or remove any signage affected.
(3) If a local unit of government is not complying with this act, the attorney general or prosecuting attorney of the county in which the local unit of government serves, shall commence a civil action to compel compliance or to enjoin further noncompliance with this act. A person may also commence a civil action to compel compliance or to enjoin further noncompliance with this act.
(4) An action for injunctive relief against a local unit of government shall be commenced in the circuit court, and venue is proper in any county in which the local unit of government serves. An action for mandamus against a local unit of government under this act shall be commenced in the court of appeals. If a person commences an action for injunctive relief or mandamus, that person shall not be required to post security as a condition for obtaining a preliminary injunction, temporary restraining order, or mandamus. If a person succeeds in obtaining relief in the action, the person shall recover court costs and actual attorney fees for the action.