On March 21, 2017, the state of Ohio was the most recent state to approve a gun law that allows individuals with a valid concealed handgun license (CCW) to possess firearms in their vehicles on their employer’s property.  This type of gun law is commonly referred to as a “parking lot” gun law, and Ohio has joined a growing list that now totals over 20 states that have enacted such a law.  The intent of these guns-at-work laws is to protect an individual’s right to bear arms, but they differ across the states regarding the ability employers have to prohibit weapons at work.  Currently there is no federal law that regulates weapons at private workplaces.

Under Ohio’s new law, employees who have a valid concealed handgun license (CCW) may possess firearms in their privately owned motor vehicles under the following conditions:

·       When the license holder is absent from the vehicle, the firearm and ammunition must be locked in the trunk, glove box or other enclosed compartment of the vehicle.

·       When the license holder is present in the vehicle, the firearm and ammunition must remain in the vehicle.

·       The license holder’s vehicle must be parked in a permitted location.

Employers still maintain the following rights:

·       Employers may prohibit firearms that do not comply with the above requirements.

·       Employers can still prohibit employees from bringing firearms inside company premises or from carrying them outside of their vehicle while on company premises.

·       Employers may prohibit employees from transporting and storing firearms in a company vehicle.

If the employee does not have a fixed jobsite, the employer may not prohibit an employee from transporting or storing a firearm or ammunition regardless of where the jobsite is located, except where it is illegal to possess a concealed firearm such as a police station, a correctional facility, churches, synagogues or other places of worship.

The law does provide protection to employers from liability associated with actions involving a firearm pursuant to the law provided that the business entity, property owner, or employer has not “intentionally solicited or procured the other person’s injurious actions.”

The state of Michigan’s Carrying Concealed Weapons Act prohibits employers from stopping employees from (1) applying for or receiving a license to carry a concealed pistol or (2) carrying a concealed pistol in compliance with a license. The Act doesn’t prohibit employers from stopping employees from carrying concealed pistols during employment.  This means that employers can have a policy that bans employees from bringing guns into the workplace.  While there has been some debate about whether employment extends to parking lots, Michigan legal precedent allows that ban to extend to the employer’s parking lot.

Employers that have locations in Ohio will need to review and update their gun policies to comply with the new law.  Policies should be clear that despite employees’ ability to bring a firearm onto the employer’s parking lot, that they are still banned in company-owned buildings or vehicles.  Due to the recent growth of “parking lot” gun laws, employers with operations in multiple states should review each state law to ensure compliance.  Employers may also want to revisit their workplace violence policies to be sure that they clearly state the prohibitions against violence or threats of violence.

Sources: Mondaq 3/24/2017