Defensive Carry banner

1 - 6 of 6 Posts

·
Registered
Joined
·
946 Posts
Discussion Starter #1
I ran across a story that stated:

ASIS has taken a position opposed to state laws that would prohibit employers and others from having and enforcing policies to keep firearms off their premises. Oklahoma, Kansas, Minnesota, Kentucky, Mississippi, Louisiana, Georgia, Utah, and Florida have enacted such legislation.

I can not find any law for Minnesota, Mississippi, Louisiana Or Georgia. They could be wrong in their article or I could be missing something. I can't find anything on them in their respective states statutes. Any help anyone can give me on these states concerning a storage law on private property would be greatly appreciated by Handgunlaw.us. Please post any info you have to this thread. Thank you and
 

·
Registered
Joined
·
153 Posts
Minnesota law prohibits a private employer from taking action against an employee who keeps a firearm stored in their vehicle in a parking lot - as long as they are a carry permit holder.

Specific statute:
https://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=624.714

See Subsection d:
Subd. 18. Employers; public colleges and universities. (a) An employer, whether public or
private, may establish policies that restrict the carry or possession of firearms by its employees
while acting in the course and scope of employment. Employment related civil sanctions may
be invoked for a violation.
(b) A public postsecondary institution regulated under chapter 136F or 137 may establish
policies that restrict the carry or possession of firearms by its students while on the institution's
property. Academic sanctions may be invoked for a violation.
(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may
not prohibit the lawful carry or possession of firearms in a parking facility or parking area.
Hope this helps -
B
 

·
Banned
Joined
·
10,182 Posts
At the businesses here in Kansas, if it is a "public accessible parking lot" from the street. If it is an enclosed, fenced , restricted area... they can prohibit it.

Secondly, in Kansas.... they are saying an employee cannot be charged with a crime. However, if the Employer has a policy against it.... they can still legally fire the employee if they find he has a gun. We are trying to get them to change the law so the employee cannot get fired. But, they could still make some other excuse to fire them. However, the public who is parking there, nothing can be done by the business as it's considered a public accessible parking area.
 

·
Registered
Joined
·
934 Posts
OCGA 16-11-135 on GeorgiaPacking.org

GA you cant be fired if licensed and carried as stated in the code as long as the lots open to the public..

O.C.G.A. § 16-11-135
Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or invited guests on lot; severability; rights of action

(a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto.

(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license.

(c) Subsection (a) of this Code section shall not apply:

(1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances;

(2) To vehicles owned or leased by an employer;

(3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or

(4) When an employee consents to a search of their locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property.

(d) Subsections (a) and (b) of this Code section shall not apply:

(1) To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis;

(2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative;

(3) To facilities associated with electric generation owned or operated by a public utility;

(4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport;

(5) To an employee who is restricted from carrying or possessing a firearm on the employer's premises due to a completed or pending disciplinary action;

(6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation;

(7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or

(8) To any area used for parking on a temporary basis.

(e) No employer, property owner, or property owner's agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee's automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employer's premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owner's agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will.

(f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owner's agent's efforts to comply with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owner's agent's liability.

(g) In any action brought against an employer, employer's agent, property owner, or property owner's agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employer's agent, property owner, or property owner's agent if such action is concluded in such employer, employer's agent, property owner, or property owner's agent's favor.

(h) This Code section shall not be construed so as to require an employer, property owner, or property owner's agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owner's agent in any action against such employer, its officers or shareholders, or property owners.

(i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General.

(j) In the event that subsection (e) of this Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions of this Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional.

(k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern.

HISTORY: Code 1981, § 16-11-135, enacted by Ga. L. 2008, p. 1199, § 7/HB 89.
 
1 - 6 of 6 Posts
Top