Strengthen Preemption to Combat and Slow Blatant Violations

Michigan Open Carry, Inc. is seeking to add "teeth" to Michigan's preemption laws.  Despite the nationwide acceptance and understanding of such laws, there are still some officials and municipalities that do not understand the very nature of a criminal, and still believe new laws will curtail already criminalized activity. Unable to gain traction for their agendas at a higher level, these officials and municipalities at times, are so set in their ways that they will willfully disregaurd state law to enact or preserve their illegal ordinances or regulations.

HB 5500, sponsored by Representative Tom McMillin (Republican - Rochester Hills), addresses the issue and attempts to follow in the path of other states like Ohio and Florida. By focusing on the following three areas, it is our intent to finally reach the preemption the Michigan Legislature originally set out to achieve over 20 years ago. That is:

  1. Provide a means of recouping costs for individuals or organizations that successfully challenge unlawful ordinances or regulations.
  2. Provide for punishments for elected or appointed individuals that knowingly and willfully violate preemption.
  3. Grant standing to groups whose memberships are adversely affected by preempted ordinances or regulations.

To find out more, read our white paper HERE.

At present, HB 5500 died when the state legislature adjourned in December of 2014.  We are trying to find a sponsor to reintroduce and champion it, at present.  That being Said, Representative McMillin is no longer in the State Legislature and there are not many legislatures that are willing to stand up to big local government.  You see, the local governments have a powerful lobby, and not many are willing to stand up to them.  We are working with a few State Reps and we hope that one of them will champion this cause.

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