Can You Keep Guns Out of Your Workplace?

Gun control continues to spark heated debates, and one aspect that keeps cropping up is the presence of guns in workplaces and public businesses.

A key issue here are the “parking lot” laws, which are now in place in 26 states, allowing employees to keep guns in their vehicles at work. However, the specifics can vary widely from state to state. This has become more pronounced following several high-profile cases where employees were fired after their guns were found in their parked cars.

Andrew Rogers, an attorney with Littler Mendelson, highlights the need for caution: “It can be unsettling to think someone at your workplace might be armed, but it’s important not to jump the gun with policies that might infringe on gun owners’ rights protected by state laws,” he advises in a response to an employer’s inquiry from Tennessee.

Tennessee’s law provides a clear example. It bars employers from banning individuals with a recognized handgun carry permit from storing a firearm and ammunition in their vehicle on company property, under certain conditions.

For compliance, the vehicle must be properly parked, and any firearms or ammunition must be out of plain sight if the permit holder is in the vehicle. If the permit holder isn’t present, the items must be securely locked away in the trunk, glove box, or another secure container attached to the vehicle.

Provided these conditions are met, Tennessee employers cannot legally stop employees from keeping handguns in their cars. Rogers suggests that employers operating in multiple states should familiarize themselves with the varying local laws regarding this issue.

Other states have similar regulations, although some are less stringent about permits and licenses for firearms kept in vehicles. Almost every state with these laws allows employers to prohibit firearms in company-owned vehicles, and many have unique exceptions, like certain parking lots in Georgia and Arizona that are exempt if they belong to U.S. Department of Defense contractors.

**Parking Lot Restrictions Vary**

In states like Georgia, additional exemptions apply, including for jails and utilities, or lots adjacent to critical infrastructure. Utah and Florida also have exemptions for places like schools, religious institutions, and government buildings. In some cases, if alternative parking or secure storage is provided, employers might have more leeway in prohibiting firearms in their parking lots.

However, it’s worth noting that nearly half the states haven’t legislated on this topic. In states like Connecticut and Virginia, employers are freer to restrict firearms in their parking lots, while in others like Colorado, the laws are less definitive.

Without a clear policy, employees in some states might still carry firearms if they comply with federal and state law. This underscores the importance for employers to clearly articulate their policies on weapons on their premises, which provides a stronger foundation for restricting them, even in parking lots where they might otherwise be permitted.

“State legislatures largely agree that employers should have the authority to restrict firearms in the workplace, aligning with traditional property rights,” Rogers adds. Twenty-four states have laws explicitly allowing this.

In Tennessee, for example, businesses can ban weapons at the workplace with proper notification. Some states require personal requests for removal of firearms on the property, while many mandate specific signage to enforce these bans.

**Rights and Risks**

Rogers also points out that some states view gun ownership as almost a protected class. For instance, in Indiana and Florida, employers cannot condition employment on not bringing firearms into the parking lot.

Yet, the potential for liability from workplace firearms remains a concern. Tennessee and a few other states provide employers with defenses against liability for incidents involving firearms stored in employee vehicles under certain conditions.

As gun control debates continue, it’s crucial for employers to know their state’s laws thoroughly before setting their policies on firearms on their premises and in company parking areas.