Employers: are you ready for Guns and Ammo in your parking lot?

Yes, employers need to be ready to permit their employees to bring guns and ammo to the company parking lot.  Starting September 1, 2011, Texas law will prohibit employers (public and private) from enforcing policies that prevent employees from storing firearms in their locked, private vehicles while parked at work. 

The good news is that this gun law does not permit employees to bring their guns and ammo in the employer’s buildings and offices.  Except in cases of gross negligence, employers are also generally protected from claims brought due to an employee who legally stores their firearm or ammo in their private vehicle.  In other words, the presence of a firearm or ammunition on an employer’s property does not by itself constitute a failure on employer’s part to provide a safe workplace.

So now is the time to revisit your policy manual.  Employers must modify their "no-weapon" provision by eliminating any policy that prohibits or disciplines employees for keeping firearms or ammo locked in their personal vehicle while parked in a parking lot owned or controlled by the company.  This policy change must be done by September 1, 2011.  
                                          

Please note the law does not apply to all employers and in all contexts. For example, employees may not store ammo or firearms in vehicles owned or leased by the employers and used by the employee for work purposes.  Additionally, the law does not generally apply to certain employers.  An example (not an exhaustive list) of employers that can continue to prohibit their employees from storing their guns and ammo in the parking lot includes schools, companies subject to an oil, gas, or mineral lease that contain firearm restrictions, and chemical manufacturers that use or store hazardous material.

Please remember this blog is a general summary of the law, so if you have any questions about whether this new “gun and ammo” law applies to your company and how to comply with it, please contact Monty & Ramirez if you need assistance. 

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP. He is board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine.

Daniel's Contact Information:

Email: dramirez@montyramirezlaw.com

Telephone: 281.493.5529

Website: http://www.montyramirezlaw.com