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Guns-at-workplace Laws: Stay Safe and Compliant
Practical Law Article 1-617-7105 (Approx. 3 pages)
Guns-at-workplace Laws: Stay Safe and Compliant
by Practical Law Labor & Employment
| Law stated as of 28 Jul 2015 • USA (National/Federal) |
A Legal Update discussing provisions in state guns-at-work laws. It includes a discussion of parking lot restrictions and employer immunity, as well as posting requirements.
At least 21 states have enacted guns-at-work laws that vary in scope and detail. These laws mostly allow employers to keep firearms out of offices and factories, but not out of the parking lot.
There is no current federal law that regulates weapons at private workplaces. However, beginning with Oklahoma, a growing number of states have enacted so-called guns-at-work laws. These laws vary in terms of their restrictions and are regularly amended by each state. These laws often include the following provisions:
- A parking lot restriction. The majority of guns-at-work laws include a parking lot provision that restricts an employer's ability to prohibit employees from storing firearms in their private vehicles when parked in the employer's parking lot.
- Exceptions to a parking lot restriction. Guns-at-work laws frequently include one or more exceptions to a parking lot restriction, for example, if the vehicle is leased or owned by the employer.
- Employer immunity. Several states provide immunity to employers that comply with a guns-at-work law.
- A posting requirement. Several states require employers to post notices if they ban firearms at the workplace.
The rapid influx of guns-at-work laws is concerning for many employers. Without immunity, complying with a law that allows employees to bring concealed firearms to the employer's property can increase legal risk. In contrast, noncompliance with a guns-at-work law can lead to civil or criminal penalties in some states. Practical Law has up-to-date resources that track the state-by-state developments of these laws, including Practice Notes, Guns at the Workplace and State Guns-at-work Laws Chart: Overview.