2009 House Bill 5302: Prohibit banning legal firearms in parked cars

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Introduced by Rep. Paul Opsommer (R) on September 2, 2009, to prohibit a business, commercial enterprise, employer, or state service agency from prohibiting a person who lawfully possesses a firearm from transporting or storing the gun or ammunition in a locked and privately owned motor vehicle that is parked in a parking lot, parking garage, or other designated area. The bill would extend immunity from liability to these establishments for another person’s misuse of these firearms.
- Referred to the House Natural Resources, Tourism, and Outdoor Recreation Committee on September 2, 2009.
  - Reported in the House on October 27, 2009, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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1) Re: 2009 House Bill 5302 (Prohibit banning legal firearms in parked cars ) by pistoltraining on July 13, 2010

Rep. Paul Opsommer's office emailed me that the bill 5302 was stalled because of Andy Dillion. We need this bill passed in Michigan.

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2) Re: 2009 House Bill 5302 (Prohibit banning legal firearms in parked cars ) by TimOBrien on October 28, 2009

Well established precedent holds that anything inside a vehicle is considered to be within the possession of the person in control of the vehicle, not the owner of the property where the vehicle happens to be located. A moment's reflection will show that any other conclusion leads to absurd results.

While business are certainly entitled to prohibit their employees -- even those with CPLs who would be, otherwise, entitled -- from bringing firearms into the areas within the control of the business, this authority does not legally extend to property outside of their legal control and responsibilty, even if it is not outside of their legal ownership, e.g., a parking lot.

Further, a ban on employees keeping their lawful firearms locked in their vehicles while at work has the de facto effect of disarming CPL holders in their commute, as well. (Although that problem could arguably be mitigated by employers providing their own storage safes, but that might open them up to the very liablity they now do not have if the safes are in the employees' vehicles.)

This bill essentially clarifies, rather than amends legal responsibility -- as, I'm sure, any employer would insist should authorities attempt to charge the business for being in possesion of any contraband (firearms, drugs, etc.) found in an employees vehicle parked in a company lot. It should be enacted.

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3) Re: 2009 House Bill 5302 (Prohibit banning legal firearms in parked cars ) by Bradlee_13 on October 28, 2009

Funny how some people forget the little piece of paper that this country was founded on. That little article that says the Right to Keep and Bear arms. But I guess some people thinks that, that means that we have the right to walk around in sleeveless t-shirts. But what is even more confussing is that article above that peice of paper that states that these right SHALL NOT BE INFRINGED UPON.

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