1990 premption law

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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.

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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

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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.

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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.

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

"...or regulate in any other manner the .... possession of pistols"

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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.

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lapeer20m wrote:

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

"...or regulate in any other manner the .... possession of pistols"

Click to expand...

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.

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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.

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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.

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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.

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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.

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The "...in the course of their employment..."would also include the parking lot(s)IMO.

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lapeer20m wrote:

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

"...or regulate in any other manner the .... possession of pistols"

Click to expand...

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.

Click to expand...

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.

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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.

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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.

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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.