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Bill would make it easier to sue over gun ordinances

Flickr user Peretz Partensky
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A bill before a state House committee would allow residents of a community to sue and be reimbursed for the costs of challenging a local gun ordinance. 

State Representative Gary Howell sponsored the bill. He says there are at least 30 local governments in Michigan that have gun ordinances that are barred by the state’s firearm preemption law.

      

"There are still instances around the state of Michigan where there are local communities that are adopting ordinances that infringe on firearms rights," Howell said.  

Linda Danders is with the group Moms Demand Action for Gun Sense. She says the bill would simply make it easier for gun rights advocates to sue local governments over ordinances they disagree with.  

"This bill isn’t about enforcing the law," Danders said. "It’s about doing favors for the gun lobby and its lawyers. That’s just not right for Michiganders." 

Howell says residents of those communities should not have to wait to be charged to strike those ordinances from the books.

"I’ve got to hire an attorney at my expense to defend myself in court to prove that I’m being charged under an invalid ordinance," he said. "It’s not fair to put that burden on a citizen, when they are simply exercising legal rights."

Backers of the legislation say local government officials are pressing the boundaries of what’s allowed, and gun owners shouldn’t be forced to shoulder the costs of challenging ordinances that cross the line. Gun control advocates say the bill would allow more nuisance lawsuits against reasonable firearm restrictions. 

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