Weapons On-Site

Are your employees packing heat? Do you know how many weapons can be found in your parking lot? Does it matter to you?

If you want your employee handbook to address weapons on property – or if it already does – make sure you’re within the parameters set by your state’s law.?

Georgia

Georgia Code Ann. §16-11-126 addresses the Carrying and Possession of Firearms

In the automobile:

Anyone who is eligible for a ‘weapons carry license’ may have a firearm in a personal automobile. However, a person in legal control of the property has the right to forbid possession of a firearm on the property for non-licensed individuals. This policy must be communicated in a manner beyond signage around the property.

The code continues to read that an employer is prohibited from conditioning employment on the prospective employee’s agreement that he or she will not enter the parking lot with a firearm or ammunition that is locked out of sight within the trunk, glove box, or other enclosed compartment or area of the motor vehicle, provided that the employee possesses a Georgia “weapons carry” license (Georgia Code Ann. §16-11-135).?

Another point to consider… if there is a secure parking lot (guards, fence, etc.), employers are legally able to restrict fire arms from being stored in parked automobiles.

On the employee:

While business owners are permitted by law to carry a weapon on their property, with or without a carry license, they also have the authority to restrict access to the building for those carrying weapons (with or without a carry license) as long as they have legal control of the property. And just as with the parking lot, the law requires notification of any policy to be above and beyond the posting of signs.??

Tennessee

In the automobile:

Tennessee Code Ann. §50-1-312 prohibits most employers from taking any adverse employment action against an employee for transporting or storing a firearm and/or ammunition in an employer parking area, as long as the employee has a carry permit and the firearm/ammunition is stored properly. This refers to the employee’s own (or borrowed) automobile, and not a company vehicle. Consult the code if you believe your type of business may be exempt from this law.

On the employee:

Tennessee Code Ann. §39-17-1359 requires employers who prohibit or restrict the possession of weapons in their buildings to post notices in prominent locations (including all entrances) for all who enter the building – not just employees.

As a small business, setting and communicating policies is an important way to help your employees be successful in your workplace.

If you would like help reviewing, updating, or creating an employee handbook, the HRBiz Team is a great resource.

Author: Angela Bandy, HR Specialist