Q: As a private employer, can we prohibit employees from carrying firearms and other weapons on our premises, including those with a valid concealed-carry permit, and are there any legal or privacy concerns with requiring employees who are carrying to disclose this information to management?
For the first question, it depends on what state you’re located in. Kentucky, Tennessee, and West Virginia all have laws that require employers to permit employees to keep a concealed firearm in their personal vehicles parked in the employer’s parking lot. Those laws generally require the employee to have a concealed weapons permit, and the firearm must be lawfully possessed, out of view, and locked inside the vehicle. Employee vehicles owned by the employer are typically excluded from this protection. Relatedly, some states (such as West Virginia) prohibit an employer from searching an employee’s vehicle to ascertain whether they are in possession of a firearm.
However, each of those states allow an employer to prohibit an employee from bringing a firearm from the vehicle and onto the business premises. Some states, such as North Carolina, require a conspicuous notice that carrying a concealed weapon is prohibited on the premises. In those states that permit employees to have concealed firearms locked in their vehicles, employers should be careful not to draft too expansive of a firearm prohibition policy.
For the second question, employers generally may require employees to disclose whether they are presently in possession of a firearm while in the building as opposed to the parking lot. On the other hand, broad questioning about employees’ gun ownership may result in liability for the employer. For example, in West Virginia, it’s unlawful for an employer to condition employment on whether an employee has a concealed weapons permit. Employers should cautiously avoid the appearance of improper motives when questioning employees.
Bottom Line
Employers generally may prohibit employees from bringing a weapon into their place of employment. However, many states require employers to permit employees to keep a concealed weapon in their personal vehicles. Employers should be conscious of their questioning and efforts to avoid weapons on their premises to remain clear of potential issues.
Tanner A. Cava is an attorney with Steptoe & Johnson PLLC in Bridgeport, West Virginia and can be reached at 304-933-8205 or tanner.cava@steptoe-johnson.com.