Employer Regs/ Public building question

[AutumnArcher]

Consider this, and maybe someone could give some legal insight as to whether this is legal. I am a public employee- firefighter. The municipality employees are prohibited from being in possession of firearms or weapons at work, or on city property such as in the stations. But, this is an employee policy, not necessarily a ordinance.

I cannot keep my carry weapon in the station, loaded or unloaded. Since I have a fair commute to and from work, I keep it secured in my vehicle, which to date has not been an issue. But, beingthat the station is a publicly owned building, anyone coming in off the street can have their weapon on them. is it legal for them to prohibit via employee regulations, possession of my weapon?  We have all sorts of people wander in here all the time, as well as other threats from time to time. I understand not carrying while I am working, but I should be able to protect myself in the workplace. Being that this is not private property, is this type of rule legal?

[drtodd]

Yes.

123.1102 Regulation of pistols or other firearms.
Sec. 2. 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.

MCL123.1103 Permissible prohibitions or regulation.
Sec. 3. This act does not prohibit a local unit of government from doing either of the following:
(a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.
(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.

MCL28.425n Other license or permit; limitations by employer prohibited.
Sec. 5n. (1) This state or a local unit of government of this state shall not prohibit an individual from doing either of the following
as a condition for receiving or maintaining any other license or permit authorized by law:
(a) Applying for or receiving a license to carry a concealed pistol under this act.
(b) Carrying a concealed pistol in compliance with a license issued under this act.
(2) Except as provided in subsection (3), an employer shall not prohibit an employee from doing either of the following:
(a) Applying for or receiving a license to carry a concealed pistol under this act.
(b) Carrying a concealed pistol in compliance with a license issued under this act. This subdivision does not prohibit an
employer from prohibiting an employee from carrying a concealed pistol in the course of his or her employment with that
employer.
(3) A police agency may prohibit an employee of that police agency from carrying a concealed pistol if carrying a concealed
pistol would result in increased insurance premiums or a loss or reduction of insurance coverage for that employer.
History: Add. 2000, Act 381, Eff. July 1, 2001.
Popular name: CCW
Popular name: Concealed Weapons
Popular name: Right to Carry
Popular name:

[emt805]

Not sure if this falls under the same topic but I am having trouble finding where it is that non government employers cannot put restrictions on firearms in parking lots. Does anyone have this reference off hand?

[drtodd]

Not sure if this falls under the same topic but I am having trouble finding where it is that non government employers cannot put restrictions on firearms in parking lots. Does anyone have this reference off hand?

It would fall under common-law property rights; no "legislation" allowing it is needed.

[BTAvery]

So if I work some where I can keep my Kimber in my car well I work just as long as it doesn't leave my vehicle?

[FatboyCykes]

So if I work some where I can keep my Kimber in my car well I work just as long as it doesn't leave my vehicle?

Currently that is up to your employer I believe.  However, I also believe that there is currently legislation floating around out there to allow you to keep it in your car regardless of employer preferences.  Although I can't seem to find it

[anetsprungen]

So if I work some where I can keep my Kimber in my car well I work just as long as it doesn't leave my vehicle?

It depends, as usual.  As previously stated, common law prevails unless there is a specific prohibition, I believe.  But there can be anomalies.

For instance, I work at the Battle Creek Hart, Dole, Inouye Federal Center.  The installation is administered by the General Services Administration.  They have an absolute policy and government requirement that private firearms are not permitted on the installation grounds 'period', including parking lots.  However, they pay the city to lease several off-installation parking areas and have extended coverage of their policy to include those areas as well.  I have been informed by the Federal Protective Service guards that the policy does extend to those areas, although I don't think anybody wants to challenge it.

It is because they are located 'outside the fence' that many people consider them public areas, but the posted signs say they are not.

I suspect this is why some people regularly park on the street between lots, but have not confirmed this.


Roy
 

[emt805]

I thought I saw something in the transporting section that parking lots cannot be off limits to employees while working?

[Bronson]

However, I also believe that there is currently legislation floating around out there to allow you to keep it in your car regardless of employer preferences.  Although I can't seem to find it

http://www.legislature.mi.gov/(S(5tio3g451a2ygv55rinczd45))/mileg.aspx?page=getobject&objectname=2009-SB-0792&query=on

Bronson

[TheQ]

http://www.legislature.mi.gov/(S(5tio3g451a2ygv55rinczd45))/mileg.aspx?page=getobject&objectname=2009-SB-0792&query=on

We should try to get this legislation unstuck.

[autosurgeon]

http://www.legislature.mi.gov/(S(5tio3g451a2ygv55rinczd45))/mileg.aspx?page=getobject&objectname=2009-SB-0792&query=on

We should try to get this legislation unstuck.

I agree!

[BTAvery]

So now i'm really really confused it says that I can also long as its stored in the michigan way in a locked vehicle and it stays in the parking lot why unstuck the legislature?

[Bronson]

So now i'm really really confused it says that I can also long as its stored in the michigan way in a locked vehicle and it stays in the parking lot why unstuck the legislature?

Because this is not yet a law, it is a bill.



Bronson

[BTAvery]

I see thank you

[redhawk]

I work for a Road Commission in Michiagn and the Board of Road Commissioners voted to not let employees to even have firearms in their personal vehicles. Is this legal when the public can carry to their meetings and in the parking lots. I guess I dont understand how they can keep us from having them locked in our vehicle.Any comments would be appreciated.  Thanks    p.s. This really stinks during hunting season.

[anetsprungen]

I work for a Road Commission in Michiagn and the Board of Road Commissioners voted to not let employees to even have firearms in their personal vehicles. Is this legal when the public can carry to their meetings and in the parking lots. I guess I dont understand how they can keep us from having them locked in our vehicle.Any comments would be appreciated.  Thanks    p.s. This really stinks during hunting season.

I reread DrTodd's posting above and it appears the key element is 'empoyee' versus 'general public'.  I interpreted what I read as saying employees can be prohibited.  There have and continue to be prohibitions governing employee conduct that do not apply to the customer.  And you really do have to read the rules closely.

In the past, I have seen local policies written for a state department that are written to apply to all state employees.


Roy
 

[drtodd]

I reread DrTodd's posting above and it appears the key element is 'empoyee' versus 'general public'.  I interpreted what I read as saying employees can be prohibited.  There have and continue to be prohibitions governing employee conduct that do not apply to the customer.  And you really do have to read the rules closely.

In the past, I have seen local policies written for a state department that are written to apply to all state employees.


Roy
 

100% Correct...  the operative word is "employee".