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Alabama amends law on firearms in employer parking lots

05/05/22

Author: ADP Admin/Tuesday, May 3, 2022/Categories: Compliance Corner , State Compliance Update, Alabama

Alabama has enacted legislation (House Bill 272) that amends the conditions under which employees are entitled to keep firearms in their cars while in their employer’s parking lot. House Bill 272 takes effect Jan. 1, 2023.

The Details:

Effective January 1, 2023, House Bill 272 amends the conditions under which employees have the right to keep firearms in their vehicles on employer parking lots to:

·      Reflect a new law that will allow individuals to carry certain concealed weapons without a permit.

·      Make other changes.

Under House Bill 272, the conditions under which employees have the right to keep firearms in their vehicles on employer parking lots differ based on whether they are pistols or firearms used for hunting:

·      Pistols:  Employers are prohibited from restricting or barring the transportation or storage of a lawfully possessed pistol or its ammunition in the employee’s privately owned motor vehicle while parked or operated in a parking area, provided the employee satisfies all of the following conditions:

·      The motor vehicle is operated or parked in a location where it is otherwise permitted to be.

·      The pistol is either of the following:

o   In a motor vehicle attended by the employee, kept from ordinary observation within the motor vehicle.

o   In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the motor vehicle or in a compartment or container securely affixed to the motor vehicle.

·      Firearms Used for Hunting: Employers are also prohibited from restricting or barring the transportation or storage of a lawfully possessed firearm legal for use for hunting in Alabama other than a pistol in an employee's privately owned motor vehicle while parked or operated in a parking area, provided the employee satisfies all of the following:

·      The employee possesses a valid Alabama hunting license;

·      The weapon is unloaded at all times on the property;

·      It is during a season in which hunting is permitted by Alabama law or regulation;

·      The employee has never been convicted of any crime of violence, nor of any crime set forth in Chapter 6 of Title 13A (offenses involving danger to the person), nor is subject to a Domestic Violence Order;

·      The employee has no documented prior workplace incidents involving the threat of physical injury or that resulted in physical injury.

·      The motor vehicle is operated or parked in a location where it is otherwise permitted to be.

·      The firearm is either of the following:

o   In a motor vehicle attended by the employee, kept from ordinary observation within the person's motor vehicle.

o   In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the person's privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.

Note: As is the case under existing law, employers may restrict or bar their employees from carrying firearms while on the employer's property or while engaged in the duties of their employment.

Next Steps:

·      Review policies to determine if changes are necessary.

·      Notify employees of any changes to policies.

·      Train supervisors on the law governing guns in employer parking lots.

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Tags: 05/05/22

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