Transportation and Driving

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

pistoltraining — Tue, 13 Jul 2010 10:47:00 GMT

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

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

TimOBrien — Wed, 28 Oct 2009 13:17:09 GMT

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.

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

Bradlee_13 — Wed, 28 Oct 2009 05:56:00 GMT

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.

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

changeagent — Fri, 11 Sep 2009 16:43:02 GMT

I agree. If business owners don't want guns on their property, they should have the right to not have guns on their property.

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

gypsy — Fri, 11 Sep 2009 13:42:03 GMT

Funny how the gun rights people feel they have the right to force businesses, employers, and other entities to give up their rights so they can exersize theirs.

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

FreeSpeaker — Thu, 10 Sep 2009 17:25:16 GMT

David Felbeck:

This bill is badly needed to extend firearms rights to every citizen.

A small addition would be in order, in my opinion:

SEC. 36. (1) A PERSON WHO LAWFULLY POSSESSES A FIREARM OR

16 AMMUNITION MAY TRANSPORT THAT FIREARM OR AMMUNITION IN A PRIVATELY

17 OWNED MOTOR VEHICLE OR STORE THAT FIREARM

I would suggest that the sponsors add "privately owned or leased motor vehicle... Many people routinely lease their cars and they should not be excluded.

I find myself in close agreement with Mr. Fellbeck's post regarding this bill.

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

swallen — Wed, 09 Sep 2009 20:22:22 GMT

Might as well add "rental" to the types of vehicles as well.

I'm of mixed feelings on this bill. I support the right to keep and bear arms, but I also support the right of business to control their own property and what items are brought onto that property. I personally suffer from this hassle at my place of work and have to take the silly step of parking across the street.

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

David Felbeck — Wed, 09 Sep 2009 15:10:36 GMT

This bill is badly needed to extend firearms rights to every citizen.

A small addition would be in order, in my opinion:

SEC. 36. (1) A PERSON WHO LAWFULLY POSSESSES A FIREARM OR

16 AMMUNITION MAY TRANSPORT THAT FIREARM OR AMMUNITION IN A PRIVATELY

17 OWNED MOTOR VEHICLE OR STORE THAT FIREARM

I would suggest that the sponsors add "privately owned or leased motor vehicle... Many people routinely lease their cars and they should not be excluded.

Thank you, Rep.Opsommer, for sponsoring this important legislation.

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

albaby2 — Wed, 09 Sep 2009 10:02:37 GMT

I'm all for it!

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

DJStuCrew — Wed, 09 Sep 2009 08:23:56 GMT

Outstanding idea!

2009 House Bill 5302 (Prohibit banning legal firearms in parked cars )

Votes Admin — Mon, 01 Jan 2001 05:00:00 GMT

Introduced in the House on September 2, 2009

Click here to view bill details.