Legislative Analysis
Phone: (517) 373-8080
PROHIBIT CERTAIN FIREARMS-RELATED PROVISIONS
http://www.house.mi.gov/hfa
IN AN EMERGENCY OR EPIDEMIC ORDER
Analysis available at
House Bill 5187 as reported from committee http://www.legislature.mi.gov
Sponsor: Rep. Andrew Fink
House Bill 5188 as reported from committee
Sponsor: Rep. Pat Outman
Committee: Oversight
Complete to 3-8-22
SUMMARY:
House Bills 5187 and 5188 would amend different acts to prohibit the governor, the director
of the Department of Health and Human Services (DHHS), and local health officers from
issuing orders otherwise authorized during an emergency or epidemic, as applicable, regarding
certain activities related to firearms and dangerous weapons. The bills also would provide civil
remedies for damages arising from a violation of their provisions. The bills are similar but not
identical and are described separately below.
House Bill 5187 would amend the Emergency Management Act, which authorizes the
governor to proclaim a state of emergency or state of disaster and take certain actions in
response to the emergency or disaster, such as suspending strict compliance with regulatory
laws or rules, transferring personnel or functions of state agencies, directing and compelling
evacuations, suspending or limiting the sale of alcohol and explosives, and directing all other
actions that are necessary and appropriate under the circumstances. However, the governor’s
powers do not include suspending criminal process and procedures or taking lawfully
possessed firearms, ammunition, or other weapons.
The bill would prohibit an executive order, proclamation, or directive issued by the governor
under the act from doing any of the following:
• Prohibiting, regulating, or curtailing the otherwise lawful possession, carrying, display,
sale, transportation, transfer, defensive use, or other lawful use of a firearm,
ammunition, ammunition-reloading equipment and supplies, or a deadly weapon other
than a firearm, including any component or accessory of a firearm or of ammunition.
• Requiring registration of firearm owners or of any firearm or ammunition, including
any component or accessory of a firearm.
• Seizing, commandeering, or confiscating in any manner any privately owned firearm,
ammunition, ammunition-reloading equipment and supplies, or deadly weapon other
than a firearm, including any component or accessory of a firearm or of ammunition,
that is possessed, carried, displayed, sold, transferred, transported, stored, or used in
connection with otherwise lawful conduct.
• Prohibiting, suspending, or limiting the business operations of any entity engaged in
the lawful selling or servicing of a firearm or ammunition, including any components
or accessories, ammunition-reloading equipment and supplies, or personal weapons
other than firearms.
House Fiscal Agency Page 1 of 4
 • Prohibiting, suspending, or limiting the business operations of an indoor or outdoor
shooting range, whether located on state lands or not, or an entity engaged in providing
firearms safety, firearms training, firearms license qualification or requalification,
firearms safety instructor courses, or a similar class, course, or program.
• Placing restrictions or quantity limitations on an entity regarding the lawful sale or
servicing of a firearm, ammunition, ammunition-reloading equipment and supplies, or
a deadly weapon other than a firearm, including any component or accessory of a
firearm or of ammunition.
• Suspending, restricting, or prohibiting otherwise lawful hunting, fishing, or trapping
activities or business entities conducting or directly facilitating those lawful activities,
whether conducted on state lands and waters or not.
A person, group, or entity adversely affected by an executive order, proclamation, directive,
or other action enacted or enforced in violation of the above provisions could file an action for
damages, injunctive relief, declaratory relief, or other appropriate redress in the court having
appropriate subject matter jurisdiction. In addition to any actual damages awarded against the
governor or a state agency, political subdivision, or any elected or appointed official or
employee of this state or a political subdivision, and other relief provided with respect to such
an action, the court would have to award reasonable court costs and expenses, including
litigation costs and attorney fees, to any person, group, or entity that brings the action,
regardless of whether the executive order, proclamation, directive, or other action enacted or
the manner of its enforcement is repealed or rescinded or expires after the civil action was filed
but prior to a final court determination of the action.
Person means an individual, partnership, corporation, association, governmental
entity, or any other entity.
Political subdivision means a county, municipality, school district, or any other
governmental unit, agency, body, board, or commission that is not a state department,
board, commission, or agency of state government.
Finally, the act authorizes the governor, upon the declaration of a state of disaster or a state of
emergency, to direct other actions that are necessary and appropriate under the circumstances.
The bill would provide an exception from this authority with regard to firearms-related actions
as described above.
MCL 30.403 and 30.405
House Bill 5188 would amend the Public Health Code. Under the code, if the director of DHHS
or a local health officer determines that it is necessary to control an epidemic to protect the
public health, he or she by emergency order can prohibit gatherings and establish procedures
that must be followed during the epidemic to ensure continuation of essential public health
services and enforcement of health laws.
The bill would prohibit an emergency order issued by the DHHS director or a local health
officer under the above provisions from doing any of the following:
• Prohibiting, suspending, or limiting the business operations of any entity engaged in
the lawful selling or servicing of a firearm or ammunition, including any components
House Fiscal Agency HBs 5187 and 5188 as reported Page 2 of 4
 or accessories, ammunition-reloading equipment and supplies, or personal weapons
other than firearms.
• Prohibiting, suspending, or limiting the business operations of an indoor or outdoor
shooting range, whether located on state lands or not, or an entity engaged in providing
firearms safety, firearms training, firearms license qualification or requalification,
firearms safety instructor courses, or a similar class, course, or program.
• Placing restrictions or quantity limitations on an entity regarding the lawful sale or
servicing of a firearm, ammunition, ammunition-reloading equipment and supplies, or
a deadly weapon other than a firearm, including any component or accessory of a
firearm or of ammunition.
• Suspending, restricting, or prohibiting otherwise lawful hunting, fishing, or trapping
activities or business entities conducting or directly facilitating those lawful activities,
whether conducted on state lands and waters or not.
A person adversely affected by an emergency order issued or enforced in violation of the bill
could file an action for damages, injunctive relief, declaratory relief, or other appropriate
redress in the court having appropriate subject matter jurisdiction. In addition to any actual
damages and other relief provided with respect to such an action, the court would have to award
reasonable court costs and expenses, including litigation costs and attorney fees, to any person
bringing the action, regardless of whether the emergency order is rescinded or expires after the
civil action was filed but before a final court determination of the action.
Person means an individual, partnership, cooperative, association, private corporation,
personal representative, receiver, trustee, assignee, or other legal entity, but does not
include a governmental entity.
MCL 333.2253 and 333.2453
FISCAL IMPACT:
House Bills 5187 and 5188 would not have a fiscal impact on the state or on local units of
government, except in instances where the state or a local unit of government loses a civil
action should one be filed by a person who was adversely affected as outlined in the bills.
POSITIONS:
Representatives of the following entities testified in support of the bills (10-28-21):
• National Shooting Sports Foundation
• DC Project
• Hunter Nation
• Duncan’s Outdoor Shop
• Silver Bullet Firearms
• Top Gun Shooting Sports
• National Rifle Association
• Michigan Coalition for Responsible Gun Owners
• Michigan United Conservation Clubs
• Michigan Open Carry
• Uncoiled Firearms of Livonia
House Fiscal Agency HBs 5187 and 5188 as reported Page 3 of 4
 • Freedom Firearms
• Calhoun County Gun Owners Association
The following entities indicated support for the bills (10-28-21):
• Great Lakes Gun Rights
• Michigan Trappers and Predator Callers Association
• Congressional Sportsmen’s Foundation
• Sportsmen’s Alliance
• Michigan Gun Owners, Inc.
• Jay’s Sporting Goods
• American Sportfishing Association
The following entities indicated opposition to the bills (10-28-21):
• Moms Demand Action for Gun Sense
• American Association of University Women of Michigan
Legislative Analyst: Susan Stutzky
Fiscal Analysts: Kevin Koorstra
Ben Gielczyk
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5187 and 5188 as reported Page 4 of 4


Statutes affected:
House Introduced Bill: 333.2253, 333.2453
As Passed by the House: 333.2253, 333.2453