HOUSE BILL No. 4027

 

January 22, 2013, Introduced by Reps. Haines, Haugh, Franz, Bumstead, Rendon, Kowall and Farrington 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 1b 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. 1b. This act shall be known and may be cited as the

 

"Michigan firearms act".

 

     Sec. 16. (1) A person who lawfully possesses a firearm or

 

ammunition may transport that firearm or ammunition in a privately

 

owned motor vehicle or store that firearm or ammunition in a parked

 

and locked privately owned motor vehicle that is present in a

 

business's, commercial enterprise's, employer's, or state service

 

agency's parking lot, parking garage, or other area designated or

 

otherwise used for parking vehicles 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 business, commercial enterprise, employer, or state


 

service agency shall not prohibit a person who lawfully possesses a

 

firearm from transporting or storing the firearm or ammunition in a

 

locked and privately owned motor vehicle that is parked in a

 

parking lot, parking garage, or other area designated for parking

 

vehicles 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 person's act involving a firearm or ammunition that is

 

transported or stored as described in subsection (1).

 

     (4) A person 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 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 a person 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, or motorcycle.