Michigan House Bill HB5132

Michigan 2023-2024 Regular Session

• Introduced: 10/12/23
• Refer: 10/12/23

Caption

Weapons: firearms; enforcement of federal limitation on firearms; prohibit. Creates new act.

Impact

This bill, if enacted, would significantly alter the legal landscape regarding state-level law enforcement of federal regulations pertaining to firearms. It would specifically apply to any federal law or regulation that Michigan lawmakers believe inhibits the rights of firearms ownership, such as registration or taxation. Moreover, the bill imposes penalties on state employees and political subdivisions found to be enforcing these federal laws, which could lead to substantial legal and financial consequences for such actions.

Summary

House Bill 5132 is a legislative proposal aimed at prohibiting the enforcement of certain federal laws related to firearms within the state of Michigan. The bill defines a range of federal actions and regulations—including taxes, registration requirements, and confiscation orders—that it deems unenforceable in Michigan. This encompasses any federal law that imposes restrictions or requirements on firearms, firearm accessories, or ammunition that are not applied uniformly to all goods and services. The intent of the bill is to preserve the rights of firearm owners in Michigan and delineate state powers from federal overreach in gun regulation.

Contention

There are potential points of contention surrounding the implications of HB 5132. Proponents argue that it safeguards the Second Amendment rights of Michigan residents and limits federal encroachment on state sovereignty. Conversely, opponents may raise concerns about the legality of states refusing to enforce federal laws, arguing that this could result in a patchwork of regulations that undermine national efforts to regulate firearms and potentially compromise public safety. The bill sets a precedent that could invite legal challenges on constitutional grounds, particularly regarding the relationship between state and federal authority.