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West Virginia Employers No Longer Allowed to Prohibit Guns Inside Vehicles in Company Parking Lots

04/19/18

Author: ADP Admin/Wednesday, April 18, 2018/Categories: State Compliance Update, West Virginia

West Virginia Governor Jim Justice signed into law the Business Liability Protection Act, which limits an employer’s ability to prohibit the lawful possession of firearms locked inside vehicles parked in company parking lots. Previously, employers and other property owners in West Virginia had the ability to prohibit the carrying or concealing of firearms on any property “under his or her domain,” including parking areas. The new provision amends the prior law to create an exception for employer parking lots.

Under the new law, employers may not prohibit any customer, employee, or other person lawfully on the premises from storing a lawfully possessed firearm inside of a privately-owned vehicle in a company parking lot, so long as the firearm is out of view and locked inside the vehicle. Further, employers are prohibited from “violating the privacy rights” of their customers or employees by asking about the presence of a firearm locked inside a vehicle, or by performing an actual search for a firearm within a vehicle in a company parking lot. Lastly, the law prohibits employers from conditioning employment on an employee’s agreement to not keep a firearm locked inside his or her vehicle, or on whether an employee holds a concealed carry license.

Notably, the Act’s new provisions apply only to parking areas. Employers may continue to prohibit the carrying or concealment of firearms in the other areas of the employer’s business, such as sidewalks or buildings. Additionally, since the Act applies only to privately-owned vehicles, it does not impact an employer’s ability to prohibit firearms inside of vehicles owned, rented, or leased by the employer. While the Business Liability Protection Act limits an employer’s control over portions of its own premises, it does provide the employer with immunity from civil liability based upon the employer’s compliance with the law. The law does not create or expand any existing duty on the part of the employer to provide a safe workplace.

Coverage: Employers with employees in West Virginia.

Effective: June 8, 2018

Action Required: You should review your current policy and ensure that it allows individuals in lawful possession of a fire arm to bring their weapons to work so long as they remain locked in their privately-owned vehicles, consistent with the provisions detailed above. You should also make sure your policies clearly state your position with respect to the carrying of weapons in company owned buildings and/or company vehicles.

As always, please feel free to contact your Human Resources Business Partner if you have any questions.

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Tags: 04/19/18

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