Many employers allow employees to bring some of the comforts of home to work: lunch, music, personal décor, even their pets. Generally speaking, the list doesn’t include firearms, though – in fact, many employers have strict “no weapons” rules on their property, including their parking lots. But what if an employee doesn’t want to part with his or her gun during the workday?
Until recently, Ohio was not among those states with so-called “parking lot laws” on the books: laws that limit or even prohibit employer restrictions on employee storage of firearms and/or ammunition in private vehicles parked on employer property. Private employers were free to establish blanket weapon prohibitions on their property, even as concerned individuals with concealed handgun permits.
As of March 21, 2017, Ohio employers are no longer so free – at least with respect to their parking lots. Ohio Governor John Kasich signed Senate Bill 199 into law on December 19, 2016. Among other things, Senate Bill 199 creates Ohio Revised Code section 2923.1210, Ohio’s new parking lot law. The law forbids business entities, including public and private employers, from maintaining or enforcing a rule that prohibits a concealed handgun licensee from transporting or storing a firearm or ammunition in their vehicle, if two conditions are met.
- First, the firearm/ammunition must remain inside the person’s vehicle while the person is physically present inside the vehicle; or the firearm/ammunition must be locked within the trunk, glove box, or other enclosed compartment within the vehicle.
- Second, the vehicle must be in an authorized location.
The new law takes effect March 21, 2017.
Takeaways:
- Ohio’s new law does not create a “take your gun to work day” every day. Employers are still free to prohibit firearms in their buildings, in company-owned vehicles, and basically everywhere other than in employee-owned vehicles permissibly parked in employer-owned parking lots.
- The law concerns itself only with restrictions on those holding valid concealed handgun licenses, not illegal gun-toters and the like. (Side note: Senate Bill 199 also amends existing Ohio law to specify that an active duty member of the U.S. Armed Forces does not need a concealed handgun license – and, therefore, would seemingly not qualify as an illegal gun-toter – if the member is carrying valid military identification and documentation of successful completion of specified firearms training.)
- The new parking lot law does not refer to or amend existing Ohio law regarding posting: private property owners may post signage in a conspicuous location on premises prohibiting persons from carrying firearms or concealed firearms onto those premises. Given the new law’s prohibitions, however, any existing signage should be reviewed to ensure compliance.
- If your Employee Handbook or Workplace Violence policy includes a blanket prohibition on firearms on employer property, including parking lots, revise your policy to ensure compliance with the new law.
If you have questions about Ohio’s new parking lot law, please contact Helena Oroz (hot@zrlaw.com or 216/696-4441).