Results 1 to 9 of 9

Thread: 1990 premption law

  1. #1
    Regular Member
    Join Date
    Jul 2009
    Location
    Near Lapeer (Hadley), Michigan, USA
    Posts
    932

    Post imported post

    Can a city restrict employees from keeping a firearm secured inside the employees vehicle while parked on city property?

    For instance, while an employee is working at city hall, Can the city restrict an employee from keeping a pistol unloaded, inside a closed container, and locked in the trunk of the employees personal vehicle while parked on city property?

    A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  2. #2
    Regular Member Bronson's Avatar
    Join Date
    Jul 2008
    Location
    Battle Creek, Michigan, USA
    Posts
    2,157

    Post imported post

    Without doing any checking into it I would say they would have a hard time bringing criminal charges against you but could terminate your employment for policy violations.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

  3. #3
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446

    Post imported post

    lapeer20m wrote:
    Can a city restrict employees from keeping a firearm secured inside the employees vehicle while parked on city property?

    For instance, while an employee is working at city hall, Can the city restrict an employee from keeping a pistol unloaded, inside a closed container, and locked in the trunk of the employees personal vehicle while parked on city property?

    A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
    Yes they can. During working hours only. I can't have a gun in my building as a state employee during my work time, but can carry when not on the clock.

    But you would not be in violation of any firearm laws, only a work policy. You could be fired or punished in some way.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  4. #4
    Regular Member
    Join Date
    Jul 2009
    Location
    Near Lapeer (Hadley), Michigan, USA
    Posts
    932

    Post imported post

    wouldn't a policy, rule, or regulatonabout firearms possession be covered by:

    "...or regulate in any other manner the .... possession of pistols"
    i work for the city, and would really like to keep my pistol in my car so that i have access to it while going to/from work. I live almost an hour away, and sometimes i get out of work and make a few stops on the way home. It would be nice to have the ability to defend myself when i am on my way to or from.

    maybe i should consult a lawyerwho is well versed in firearm law. I just thought someone would produce a link that would prove or disprove my theory about pre-emption. This community is AMAZING at producing links to law, court cases, ag opinions etc.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  5. #5
    Regular Member
    Join Date
    May 2006
    Location
    Burton, Michigan
    Posts
    3,361

    Post imported post

    lapeer20m wrote:
    wouldn't a policy, rule, or regulatonabout firearms possession be covered by:

    "...or regulate in any other manner the .... possession of pistols"
    i work for the city, and would really like to keep my pistol in my car so that i have access to it while going to/from work. I live almost an hour away, and sometimes i get out of work and make a few stops on the way home. It would be nice to have the ability to defend myself when i am on my way to or from.

    maybe i should consult a lawyerwho is well versed in firearm law. I just thought someone would produce a link that would prove or disprove my theory about pre-emption. This community is AMAZING at producing links to law, court cases, ag opinions etc.
    Michigan needs a "Bring Your Gun To Work" law that several states have passed in the last year or so. Until then, I don't think consulting a lawyer will change anything, other than change the thickness of your wallet. Company policy is just that...company policy, ittrumps state law (123.1102) in this case. IMO, the only hope you have to deviate city policy is to park on property that is not owned and maintained by the city.

  6. #6
    Regular Member
    Join Date
    Jul 2008
    Location
    Rochester Hills, Michigan, USA
    Posts
    34

    Post imported post

    lapeer20m wrote:
    Can a city restrict employees from keeping a firearm secured inside the employees vehicle while parked on city property?

    For instance, while an employee is working at city hall,Â* Can the city restrict an employee from keeping a pistol unloaded, inside a closed container, and locked in the trunk of the employees personal vehicle while parked on city property?

    A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
    The pre-emption law also states:
    123.1103 Permissible prohibitions or regulation.
    Sec. 3. This act does not prohibit a local unit of government from doing either of the following:
    (a)...
    (b) Prohibiting or regulating the transportation , carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.

    But does that cover a gun in their parking lot... I doubt it.

  7. #7
    Regular Member
    Join Date
    May 2006
    Location
    Burton, Michigan
    Posts
    3,361

    Post imported post

    atlantis wrote:
    SNIP
    The pre-emption law also states:
    123.1103 Permissible prohibitions or regulation.
    Sec. 3. This act does not prohibit a local unit of government from doing either of the following:
    (a)...
    (b) Prohibiting or regulating the transportation , carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.

    But does that cover a gun in their parking lot... I doubt it.
    The "...in the course of their employment..."would also include the parking lot(s)IMO.

  8. #8
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446

    Post imported post

    lapeer20m wrote:
    wouldn't a policy, rule, or regulatonabout firearms possession be covered by:

    "...or regulate in any other manner the .... possession of pistols"
    i work for the city, and would really like to keep my pistol in my car so that i have access to it while going to/from work. I live almost an hour away, and sometimes i get out of work and make a few stops on the way home. It would be nice to have the ability to defend myself when i am on my way to or from.

    maybe i should consult a lawyerwho is well versed in firearm law. I just thought someone would produce a link that would prove or disprove my theory about pre-emption. This community is AMAZING at producing links to law, court cases, ag opinions etc.
    I'mdon't think amunicipality can lawfully prohibit you from having it in your car, only on your person while working, and in amunicipal vehicle if you drive one. They would need a warrant to search your personal car.

    I work for the state and can't have a firearm on me while I'm on the clock or in a state vehicle. But we can have them in our personal carsin state parking lots.

    You have to do what's right for you.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  9. #9
    Regular Member
    Join Date
    Jul 2009
    Location
    Near Lapeer (Hadley), Michigan, USA
    Posts
    932

    Post imported post

    I did a little more digging today when it comes to this part of the law:


    This act does not prohibit a local unit of government from doing either of the following: (a)... (b) Prohibiting or regulating the transportation , carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.
    i did a little search, and found that "course of employment" has a legal definition.

    course of employment definition - legal n 1. The activities engaged in, the circumstances that exist, and the events that occur that are normally part of an employeeÂ’s job, especially those directly related to the work that the employee was hired to do. 2. The time that the employee takes to complete his or her assigned tasks.
    Course of employment basically means when you are actually on duty, and performing tasks directly related to your job. This is a term often used when it comes to work comp claims. if you injure yourself at work doing something not related to your job duties ie: goofing off, fixing your own car, running personal errands etc, then you are not necessarily covered by work comp because those activities are not part of your course of employment.

    In my opinion, having a pistol in your personal vehicle that you do not drive while on duty, even if it is parked on city property would be covered by preemption and any rule prohibiting firearms on the premises would be unenforceable.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •