HOUSE BILL NO. 5132

A bill to prohibit the enforcement of certain federal laws in this state; and to provide for damages and remedies.

the people of the state of michigan enact:

Sec. 1. As used in this act, "person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

Sec. 3. (1) Any federal law, rule, regulation, executive order, or administrative order is unenforceable in this state if the law, rule, regulation, executive order, or administrative order does any of the following:

(a) Imposes a tax, levy, fee, or stamp on firearms, firearm accessories, or ammunition not common to all other goods and services and that might reasonably be expected to inhibit the purchase or ownership of those items.

(b) Requires the registration or tracking of firearms, firearm accessories, or ammunition.

(c) Requires the registration or tracking of the owners of firearms, firearm accessories, or ammunition.

(d) Prohibits the possession, ownership, use, or transfer of a firearm, firearm accessory, or ammunition.

(e) Orders the confiscation of firearms, firearm accessories, or ammunition.

(2) An employee of this state or an employee of a political subdivision of this state shall not enforce or attempt to enforce any federal law, rule, regulation, executive order, or administrative order described in subsection (1) in this state.

(3) An individual who knowingly enforces or attempts to enforce any federal law, rule, regulation, executive order, or administrative order described in subsection (1) in this state is subject to a fine of $10,000.00 for each violation.

(4) A political subdivision of this state shall not knowingly employ an individual who enforced or attempted to enforce any federal law, rule, regulation, executive order, or administrative order described in subsection (1) in this state. A political subdivision that violates this subsection is subject to a fine of $10,000.00 for each violation.

(5) Any person injured under this section may bring an action for injunctive relief in the circuit court of the county in which the violation allegedly occurred. The court shall hold a hearing not later than 30 days after service of the petition. In an action brought under this subsection, the court may award the prevailing party, except for this state or any political subdivision of this state, reasonable attorney fees and court costs.