Are There Firearms in Your Parking Lot?
By: Bill Bahr, HR Director
March 21, 2011
On Tuesday, March 15, 2011 the Texas Senate voted 29-2 to approve Senate Bill 321 that would prevent employers from enacting and enforcing policies to prohibit employees from storing firearms in their locked private motor vehicles while parked at work. The Texas House companion version of this bill (House Bill 681) has not yet been voted on but has a very good chance of being passed. So, what does this mean to you as an employer with facilities in Texas?
Current Texas firearms laws make it illegal to carry a firearm in a vehicle unless one has a CHL (concealed handgun license) or one is participating in, or on the way to or from an activity related to the legitimate use of a firearm (shooting range, gunsmith, hunting, etc.). In many states and certainly in Texas it is a common practice for an employee to drive straight from work to their weekend hunting lease. Everything, including guns, are packed up and locked inside the employee’s vehicle. Likewise, employees with a CHL will likely leave their handgun locked in their vehicle to comply with their employer’s “no-weapons” policy. Even though the employee in either situation described above is in compliance with state firearms law, they could still be at risk of being disciplined or even terminated by their employer for inadvertently violating their company’s “no-weapons” policy if it includes a ban against keeping firearms in employees’ parked personal vehicles.
The bottom line is this, if signed into law, SB 321 / HB 681 will require employers to modify their no-weapons policies and handbooks by removing any language that would prohibit or discipline employees for keeping firearms locked up in their personal vehicles while parked in a parking lot that is company owned or controlled. The proposed law would still allow employers to ban firearms from being brought into the workplace, worksite or an office building. It would also allow employers to continue any prohibitions against employees carrying firearms in company-owned / company-leased vehicles the employee operates as part of their job. The new law will also insulate the employer from civil liability (except in cases of gross negligence), arising from theft of the firearm, personal injury, death, property damage, or any other damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with the proposed new law. The only employers possibly exempted from this proposed new law would be those who, under Federal law, have stricter firearm policies due to their type of industry (refineries, nuclear power plants) or related geographic location restrictions (oil / gas leases, production facilities, sea-ports, etc.).
What remains unsettled are possible amendments that could be attached prior to the proposed legislation being signed into law by Governor Perry. One such amendment could include a requirement for employees to declare, in writing, their intent to store a weapon and/or ammunition in their locked private vehicle on the employer's property, including documenting the firearm make, model and serial number. Other related areas not yet addressed by state legislators:
- Can employers place prohibitions on CHL holders who drive personal vehicles while performing their job?
- Can building owners ban their tenants from keeping firearms in vehicles parked in the building owner’s parking lots?
Achilles Group will monitor this proposed legislation and update our blog once we see the final language. If signed into law we expect the effective date to be September 1, 2011. Contact Achilles Group for more information on our HR Solutions.
Since this article was written the Texas legislature has passed and Governor Perry has signed into law Senate Bill 321. To find out more about how this effects you and your business click here.