MI HB 5500 to give teeth to state pre-emption law….

[ezkl2230]

Rep. Tom Mc Millin has introduced HB 5500, which would give Michigan's state pre-emption law teeth, making local governments liable for any legal bills associated with creation/enforcement of gun control laws that violate Michigan's pre-emption law. currently, the law is almost completely unenforceable.

"There are ordinances that cities have that violate state law by saying residents can't open carry where state law says they can," the Rochester Hills Republican told MLive later Tuesday. "They're pretty much unenforceable, but cities like Grand Rapids have used them to harass citizens and limit their Second Amendment rights."

The legislation, which has not yet been introduced, would give municipalities up to 90 days to repeal any gun ordinances or regulations that conflict with state law.

Failure to do so would make a local unit of government liable for any legal costs if a "adversely affected" individual or organization challenged the ordinance in court. Elected or appointed officials found to have "knowingly and willfully enacted or enforced" a gun rule that conflicts with state law would be fined up to $5,000.

McMillin said the proposal is a direct response to an ongoing open-carry debate in Grand Rapids, where officials have declined to amend a 1960s-era gun ordinance despite a persistent push from advocates who attend City Commission meetings with holstered guns on their hips.

Mayor George Heartwell has publicly feuded with open-carry advocates at the commission meetings and argued their presence may have a "chilling effect" on the free speech rights of other residents. While he has acknowledged that the local ordinance is unenforceable, Heartwell has suggested the need for a new state law prohibiting handguns in public meetings and voting stations.

McMillin said Grand Rapids has developed a reputation for being "hostile to Second Amendment rights, and this is push back on that," Gun bill targets open-carry rules that conflict with Michigan law, proposes fines for local officials | MLive.com

Here is a link to the bill: http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2014-HIB-5500.pdf

 

[topgun47]

My celebration of this proposed change, is tempered by the fact that this should have been a part of the original bill.