imported post
tsafoperator wrote:
In michigan, can an employer, whether private or governmental, prohibit the storage of a weapon in your vehicle while you are on the clock? I seem to remember reading that the governor may sign something prohibiting employers from preventing you from doing this anywhere on there property. I have a C.C.W. and carry my sidearm
[align=center][size=+1]CPL FAQ's/Ask the Lawyer[/size][/align]
Q:
I work for a major Auto Company and shoot at a range next to the plant. It would be convenient for me to leave my pistol locked in my trunk during the day and shoot after work. The plant has a sign in
the parking lot that says no guns allowed. Am I risking my job if I leave my pistol locked in my car?
A:
The short answer is “Yes.” The complete answer is more complex. Michigan law allows a person to carry a concealed pistol “anywhere in this state.” This would seem to cover your employer’s parking lot. But there is an exception found in section 5n(b) which allows an employer to prohibit, “… an employee from carrying a concealed pistol in the course of his or her employment with that employer.” The phrase “in the course of” is not defined in the statute,
but the workers compensation statute contains identical wording. That statute has been interpreted by the courts as, “…the concept of course of employment was formulated to encompass activity falling within the normal
sphere of employee activity associated with the work routine.” Parking your car in the employer’s lot would be within the normal sphere of employee activity associated with the work routine. Michigan courts have almost universally found an employee to be in the course of employment while in the
parking lot or crossing the street between the parking lot and workstation.
Obviously, you are not carrying the pistol while at your workstation, but you would have to “carry” it into and out of the parking lot. You as an employee have a duty to obey legal rules. Unless somehow modified by a collective bargaining agreement, your employer would be justified in firing you if it
discovered that you had a gun in your car