Defend our right to keep and bear arms. Contact your State Representative and urge support for HB 5302 and HB 5303.
These two bills strengthen our rights under the 2nd Amendment to the US Constitution and Article I, Sec. 6 of the Michigan Constitution by clarifying responsibility for firearms locked in privately-owned vehicles while the owner of both is not present.
This issue has arisen as a result of efforts by some anti-gun businesses to not only bar firearms from their buildings (their undisputed right) but also prohibit employees from securing their lawful firearms in their vehicles during work hours in a vehicle parked in a company lot.
Affected individuals are either CPL (Concealed Pistol License) holders or hunters who simply wish to responsibly secure guns in their vehicles during the workday. This is the only practical means to allow thousands of Michigan citizens to have a safe and secure place to store their guns while at work.
Opposition to this legislation is based on mistaken notions about the authority and responsibility of businesses.
Long-established legal 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, otherwise, be entitled – from bringing firearms into areas within the control of the business, this authority does not extend to property outside of the its legal control and responsibility, even if not outside of its 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 and sportsmen in their commute, as well. (Although the problem could arguably be mitigated by employers providing storage safes, that alternative might open them up to the very liability they now do not have if the firearms remain in employees’ vehicles.)
These bills essentially clarify, rather than amend legal responsibility – as any employer would certainly insist should authorities attempt to charge the business with being in possession of any contraband (firearms, drugs, etc.) found in an employee’s vehicle parked in a company lot.
The bills passed the House Tourism, Outdoor Recreation and Natural Resources Committee on a vote of 9-1.
Now, a few companies have insisted on complete exemptions, denying the rights of lawful gun owners to lock their guns in their own personal vehicles in parking lots.
Forty-eight states have adopted concealed carry laws with an impeccable success during the last 25 years. In the last few years, 10 of these states have adopted “parking lot storage” laws similar to this legislation to accommodate gun owners. Additional states are planning to introduce this legislation this year. Please contact your state representative and urge him or her to vote for HB 5302 and HB 5303 – without amendment.
