HOUSE BILL No. 5302

 

September 2, 2009, Introduced by Reps. Opsommer, Meltzer, Meekhof, Agema, Mayes, LeBlanc, Hansen, Neumann, Calley, Wayne Schmidt, Spade, Melton, Rick Jones, McDowell, Lahti, Walsh, Lori, Polidori, Booher, Bolger and Lund and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1927 PA 372, entitled

 

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms under

certain circumstances; to provide for penalties and remedies; to

provide immunity from civil liability under certain circumstances;

to prescribe the powers and duties of certain state and local

agencies; to prohibit certain conduct against individuals who apply

for or receive a license to carry a concealed pistol; to make

appropriations; to prescribe certain conditions for the

appropriations; and to repeal all acts and parts of acts

inconsistent with this act,"

 

(MCL 28.421 to 28.435) by amending the title, as amended by 2000 PA

 

381, and by adding sections 1b and 36.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to regulate and license the selling, purchasing,

 

possessing, and carrying, transporting, and storing of certain

 

firearms, ammunition, and gas ejecting devices; to prohibit the

 

buying, selling, or carrying of certain firearms and gas ejecting

 

devices without a license or other authorization; to provide for

 

the forfeiture of firearms under certain circumstances; to provide

 

for penalties and remedies; to provide immunity from civil

 

liability under certain circumstances; to prescribe the powers and

 

duties of certain state and local agencies and business entities

 

and employers; to prohibit certain conduct against individuals who

 

apply for or receive a license to carry a concealed pistol; to make

 

appropriations; to prescribe certain conditions for the

 

appropriations; and to repeal all acts and parts of acts

 

inconsistent with this act.

 

     Sec. 1b. This act shall be known and may be cited as the

 

"Michigan firearms act".

 

     Sec. 36. (1) A person who lawfully possesses a firearm or

 

ammunition may transport that firearm or ammunition in a privately

 

owned motor vehicle or store that firearm or ammunition in a parked

 

and locked privately owned motor vehicle that is present in a

 

business's, commercial enterprise's, employer's, or state service

 

agency's parking lot, parking garage, or other area designated or

 

otherwise used for parking vehicles if the firearm is kept out of

 

plain view and in a manner described in chapter XXXVII of the

 

Michiganpenal code,1931PA 328, MCL 750.222 to 750.239a, or

 

otherwise allowed by law.

 

     (2) Except as provided in subsection (3), a business,

 

commercial enterprise, employer, or state service agency shall not

 

prohibit a person who lawfully possesses a firearm from

 

transporting or storing the firearm or ammunition in a locked and

 

privately owned motor vehicle that is parked in a parking lot,

 

parking garage, or other area designated for parking vehicles.

 

     (3) A business, commercial enterprise, employer, or state

 

service agency may adopt a policy that requires a firearm and

 

ammunition stored as described in this section to be stored out of

 

plain view. Nothing in this section creates a new duty on the part

 

of any business, commercial enterprise, employer, or state service

 

agency beyond the duty specified in this section.

 

     (4) Except in cases of gross negligence, a business,

 

commercial enterprise, employer, or state service agency is not

 

liable in a civil action for damages resulting fromor arising out

 

of another person's act involving a firearm or ammunition that is

 

transported or stored as described in subsection (1).

 

     (5) A person who was or would be denied the ability to

 

transport or store a firearm or ammunition by a violation of

 

subsection (2) and but for that violation would be or was entitled

 

legally to do so may bring an action to enjoin any person, business

 

entity, commercial enterprise, employer, or state service agency

 

from violating subsection (2). A prevailing plaintiff under this

 

subsection shall be awarded costs and attorney fees.

 

     (6) A business, commercial enterprise, employer, or state

 

service agency shall not discharge, or otherwise penalize, an

 

employee for transporting or storing a firearm as authorized under

 

subsection (1). An employee who transports or stores a firearm or

 

ammunition as authorized under subsection (1) and is discharged by

 

a business, commercial enterprise, employer, or state service

 

agency for violating a policy or rule prohibited under subsection

 

(2) may demand that the business, commercial enterprise, employer,

 

or state service agency take all of the following actions:

 

     (a) Reinstate the employee to the same position the employee

 

held at the time of his or her termination from employment, or to

 

an equivalent position.

 

     (b) Reinstate the employee's full fringe benefits and

 

seniority rights, if any.

 

     (c) Compensate the employee for any lost wages, benefits, or

 

other lost remuneration, including, but not limited to, unpaid

 

leave or furlough, caused by the termination.

 

     (d) Payment of reasonable attorney fees and costs incurred by

 

the employee in seeking redress for a violation of subsection (2).

 

     (7) If a demand described in subsection (6) is denied or the

 

business, commercial enterprise, employer, or state service agency

 

fails to respond to the demand within 14 days, the employee may

 

bring a civil action in a court of competent jurisdiction for

 

wrongfully discharging or penalizing the employee in violation of

 

subsection (6). A prevailing plaintiff under this subsection is

 

entitled to all of the remedies described under subsection (6), as

 

applicable.

 

     (8) It is a complete defense to an action under this section

 

that compliance with this section would necessitate the violation

 

of another applicable federal or state law or regulation. However,

 

this defense does not apply if compliance with this section can be

 

reconciled with the other law or regulation.

 

     (9) This section does not apply if the motor vehicle is owned

 

or leased by the employer and used by an employee in the course and

 

scope of the employee's employment, unless the employee is required

 

to transport or store a firearm in the discharge of the employee's

 

duties.

 

     (10) This section does not authorize a person who holds a

 

license to carry a concealed pistol under section 5b to possess the

 

concealed pistol in a concealed manner other than as prescribed

 

under this act.

 

     (11) As used in this section, "motor vehicle" means any

 

vehicle that is required to be registered with the secretary of

 

state, including, but not limited to, an automobile, truck,

 

minivan, sports utility vehicle, or motorcycle.