"Except where state or local law provides otherwise" vs parking lot bill

[GKar]

Interesting question:  if an employer's workplace policy prefaces their prohibitory statement RE firearms possession with the clause "Except where state or local law provides otherwise", does the recently passed parking lot legislation in TN meet that exception?  Said policy states the prohibition covers "all Company premises", but does not specify inclusion or exclusion of parking lots (the Company in this case does own the property on which the parking lot exists).  Friendly inquiring minds want to know...

[monkeylizard]

No, the new TN state law (I think it is labeled 39-17-1313) has no impact on this at all. The new law means it's not a criminal offense for an HCP holder to leave a legal firearm in their personal vehicle parked on property that is posted in accordance with 39-17-1359. It's basically a limited over-ride of the posting rules that extends to parking lots and personal vehicles. This only affects the criminality of having it in your car in a properly posted parking lot. It does not have any affect on employment or employee handbooks. Unless your employer's lot was posted, this law does nothing for you. Even it is posted, this law only keeps you from getting a misdemeanor charge. You'd still get fired.

 

That clause about state/local law is in the handbook in case the company chooses to operate a location in a state that expressly forbids employers from restricting legal firearms and/or from making it a terminable offense. The clause keeps the rest of that part of the handbook from becoming nulll and void.

 

"All company premises" does include the parking lot.

Edited June 28, 2013 by monkeylizard