April 19, 2016, Introduced by Reps. Cole, Chatfield, Johnson, Glenn, Inman, Aaron Miller, Runestad, Love, Goike, Vaupel, Kelly, Whiteford, Graves and Theis and referred to the Committee on Judiciary.
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other
authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to
provide for penalties and remedies; to provide immunity from civil
liability under certain circumstances; to prescribe the powers and
duties of certain state and local agencies; to prohibit certain
conduct against individuals who apply for or receive a license to
carry a concealed pistol; to make appropriations; to prescribe
certain conditions for the appropriations; and to repeal all acts
and parts of acts inconsistent with this act,"
(MCL 28.421 to 28.435) by amending the title, as amended by 2012 PA
123, and by adding sections 1c and 16.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate and license the selling, purchasing,
possessing,
and carrying, transporting,
and storing of certain
firearms, ammunition, gas ejecting devices, and electro-muscular
disruption devices; to prohibit the buying, selling, or carrying of
certain firearms, gas ejecting devices, and electro-muscular
disruption devices without a license or other authorization; to
provide for the forfeiture of firearms and electro-muscular
disruption devices under certain circumstances; to provide for
penalties and remedies; to provide immunity from civil liability
under certain circumstances; to prescribe the powers and duties of
certain state and local agencies and business entities and
employers; to prohibit certain conduct against individuals who
apply for or receive a license to carry a concealed pistol; to make
appropriations; to prescribe certain conditions for the
appropriations; and to repeal all acts and parts of acts
inconsistent with this act.
Sec. 1c. This act shall be known and may be cited as the
"Michigan firearms act".
Sec. 16. (1) An individual who lawfully possesses a firearm or
ammunition may transport that firearm or ammunition in a privately
owned or operated motor vehicle or store that firearm or ammunition
in a parked and locked privately owned or operated motor vehicle
that is present in a business's, commercial enterprise's,
employer's, or state service agency's parking lot, parking garage,
area designated or otherwise used for parking vehicles, or area
used to transfer, hold, or load goods and services if the firearm
is kept out of plain view and in a manner described in chapter
XXXVII of the Michigan penal code, 1931 PA 328, MCL 750.222 to
750.239a, or otherwise allowed by law.
(2) A person, business, commercial enterprise, employer, or
state service agency shall not prohibit an individual who lawfully
possesses a firearm from transporting or storing the firearm or
ammunition in a locked and privately owned or operated motor
vehicle that is parked in a parking lot, parking garage, area
designated for parking vehicles, or area used to transfer, hold, or
load goods and services in compliance with subsection (1).
(3) Except in cases of gross negligence, a business,
commercial enterprise, employer, or state service agency is not
liable in a civil action for damages resulting from or arising out
of another individual's act involving a firearm or ammunition that
is transported or stored as described in subsection (1).
(4) An individual who was or would be denied the ability to
transport or store a firearm or ammunition by a violation of
subsection (2) and but for that violation would be or was entitled
legally to do so may bring an action to enjoin any person, business
entity, commercial enterprise, employer, or state service agency
from violating subsection (2). A prevailing plaintiff under this
subsection shall be awarded costs and attorney fees.
(5) A business, commercial enterprise, employer, or state
service agency shall not discharge, or otherwise penalize, an
employee for transporting or storing a firearm or ammunition as
authorized under subsection (1). An employee who transports or
stores a firearm or ammunition as authorized under subsection (1)
and is discharged by a business, commercial enterprise, employer,
or state service agency for violating a policy or rule prohibited
under subsection (2) may demand that the business, commercial
enterprise, employer, or state service agency take all of the
following actions:
(a) Reinstate the employee to the same position the employee
held at the time of his or her termination from employment, or to
an equivalent position.
(b) Reinstate the employee's full fringe benefits and
seniority rights, if any.
(c) Compensate the employee for any lost wages, benefits, or
other lost remuneration, including, but not limited to, unpaid
leave or furlough, caused by the termination.
(d) Payment of reasonable attorney fees and costs incurred by
the employee in seeking redress for a violation of subsection (2).
(6) If a demand described in subsection (5) is denied or the
business, commercial enterprise, employer, or state service agency
fails to respond to the demand within 14 days, the employee may
bring a civil action in a court of competent jurisdiction for
wrongfully discharging or penalizing the employee in violation of
subsection (5). A prevailing plaintiff under this subsection is
entitled to all of the remedies described under subsection (5), as
applicable.
(7) It is a complete defense to an action under this section
that compliance with this section would necessitate the violation
of another applicable federal or state law or regulation. However,
this defense does not apply if compliance with this section can be
reconciled with the other law or regulation.
(8) This section does not apply if the motor vehicle is owned
or leased by the employer and used by an employee in the course and
scope of the employee's employment, unless the employee is required
to transport or store a firearm in the discharge of the employee's
duties.
(9) This section does not authorize an individual who holds a
license to carry a concealed pistol under section 5b or who is
exempt from licensure to possess a concealed pistol in a concealed
manner other than as prescribed under this act.
(10) As used in this section, "motor vehicle" means any
vehicle that is required to be registered with the secretary of
state, including, but not limited to, an automobile, truck,
minivan, sports utility vehicle, motorcycle, or any vehicle used as
a commercial motor vehicle.