Welcome back to The Legal Brief, the show where we CRUSH the various legal myths and
misinformation surrounding various areas of the gun world.
I'm your host Adam Kraut and today we're talking about guns in the workplace and I don't mean
disgruntled postal employees.
The NRA Board of Directors election is right around the corner.
I know a lot of you are very interested to hear about my stance on the problems gun owners
face.
Head on over to my website adamkraut.com to learn more about my views on the issues.
The link is in the description.
Guns in the workplace has been a hot topic over the past couple of years.
Many employers specifically prohibit firearms from being carried by employees.
The information is usually found in their employee handbooks, posted signage, etc.
What many of you want to know is whether an employer can legally do this and what recourse
or options do you have?
You may be surprised to know that there is currently no federal law regulating whether
an employer can prohibit firearms at the workplace.
Some states have stepped in with their own laws to regulate the conduct of employers
and to protect employees with so called "parking lot gun laws".
These laws prohibit employers from banning firearms from the parking lot of their premises,
but still allow them to regulate whether an employee may carry at work.
So what are you left with?
If the state you live in does have such a law in effect, you'll want to know exactly
what it allows you to do.
For example, Kentucky has a parking lot gun law in effect.
The law states that "No person, including but not limited to an employer, who is the...occupant
of real property shall prohibit any person who is legally entitled to possess a firearm
from possessing a firearm...in a vehicle on the property."
So if you are legally allowed to posses a gun, you can have one in your car.
The law also provides that "An employer that fires, disciplines, demotes, or otherwise
punishes an employee who is lawfully exercising a right guaranteed by [the law] and who is
engaging in conduct in compliance with [the] statute shall be liable in civil damages."
So if you're in compliance with the law and your employer takes action against you for
having a firearm, you are able to seek relief in court.
It also has four instances where a firearm may be removed from the vehicle or handled.
These instances are in the case of "self-defense, defense of another, defense of property, or
as authorized by the owner, lessee, or occupant of the property."
In essence, the law allows for an employee to keep a firearm in their vehicle but only
under certain conditions.
Unfortunately, many states still do not have such a law in effect, and even then, the law
might not protect you in every case.
As an example of someone who may not be protected under the law, a case was brought to the 6th
Circuit, where a UPS employee was terminated for having a firearm on company property.
Bruce Holly experienced car trouble on his way to work.
His supervisor gave him permission to take the car to a repair shop.
Prior to leaving, Holly asked his co-worker if he could place his handgun in the co-worker's
car, since he was not comfortable leaving it unattended at the repair shop.
Not a bad idea.
Worthy of noting for the law's purpose, Holly had a concealed carry permit.
The co-worker agreed and they transferred the handgun from Holly's car to the co-worker's
in the UPS parking lot.
Ultimately this made its way to management and Holly was terminated.
Without digging too deep into the case, the 6th Circuit looked at the law regarding firearms
in cars on employer property.
Holly challenged the termination under several provisions, one which made it unlawful for
a private employer to "prohibit employees...holding a concealed deadly weapons license from carrying
concealed deadly weapons...in vehicles owned by the employee."
The Court determined that Holly did not fit within the clearly defined parameters of the
law to fall under its protection, that being "in vehicles owned by the employee," as the
firearm was transferred from his car to another employee's.
It also rejected his argument that the removal of his firearm from the vehicle fit into one
of the four statutory exemptions that we just covered.
As such he had no form of recourse against UPS.
The link to the full decision and discussion is down in the description.
We see that in Bruce Holly's case, removing the firearm from his vehicle pulled him outside
of the statute's protection.
Other states have broad protections.
For instance in Oklahoma employers cannot prohibit firearms from parking lots, as long
as the person is not a convicted felon and tkhe vehicle is locked.
It does authorize employers to restrict all other areas.
And then there are states like Pennsylvania, that has no law protecting employees at all.
As Tim Stewart found out leaving a firearm in your vehicle when company policy prohibits
it, in Pennsylvania, is a surefire way to lose your job and not have any recourse.
Keep in mind, employment law plays a part in some of this.
In an at-will employment state, you can be fired because your supervisor doesn't like
that you wear a blue shirt.
If you want to know the specifics about Tim's case there is a link in the description.
So what does this mean for you?
First, you need to identify whether your state has a law in effect that would protect you
if you were to take a firearm onto your employer's property.
Second, if there is a such a law, you need to determine if there are certain permissible
actions, for example, Kentucky's four instances where the removal of a firearm is authorized
by law.
If there are, then you need to ensure compliance with them, otherwise you may no longer be
protected by the statute, as was the case with Mr. Holly.
If you live in a state where there is no such law, you need to determine whether your employer
has any policies against firearms in the parking lot or premises.
If there are, you need to research whether there are legal repercussions for violating
the policy or just potential loss of employment.
Which for some, is pretty devastating.
Interestingly, some states have prohibited employers from searching their employee's
cars for firearms, like Florida.
Others states, like Georgia, allow it in a situation that would lead a reasonable person
to believe that accessing the vehicle is necessary to prevent an immediate threat to human health,
life or safety.
And when it comes to liability, the can of worms is opened.
If an employee commits a crime or act of violence with a firearm they brought to work, employers
can be sued under different theories of negligence.
It could also potentially have Worker's Compensation ramifications.
It remains to be seen that if you are the victim of workplace violence but were denied
the ability to carry a firearm, whether or not you or your estate would be able to successfully
sue your employer under theories of negligence.
So what's the takeaway?
You'll need to see if your state has any laws in place that protect your ability to have
a firearm on company property, including the parking lot.
If there isn't and you choose to bring a gun anyway, you need to be aware of the risks,
which could include losing your job with no recourse against your employer.
As we saw earlier, even if there is a law in place, the recourse you have may be limited,
especially if you aren't in direct compliance with the law.
So be smart when deciding whether or not you're going to carry to work.
Tired of old wives tales being whispered around the gun counter?
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Check out my website adamkraut.com.
And as always thanks for watching!
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