Governor Jindal Signs Bill Allowing Guns at Worksite Parking Lots

September 09, 2008

On July 2, 2008, Louisiana Governor Bobby Jindal signed into law Senate Bill 51 (Act 684). The law enacts La. R.S. 32:292.1, which provides generally (with some notable exceptions) that a person who lawfully possesses a firearm may transport or store the firearm in a locked, privately-owned motor vehicle in any parking lot, parking garage, or other designated parking area. This would include a parking lot or garage provided by employers.

The law further prevents most employers from prohibiting a person from transporting or storing a firearm in the foregoing manner. The law does, however, allow an employer to adopt policies specifying that the firearms be stored in locked, privately-owned motor vehicles on property controlled by the employer and hidden from plain view, or within a locked case or container within the vehicle.

Fortunately for employers, there is some protection against the inevitable lawsuit. An employer will not be liable in a civil action for damages resulting from or arising out of an occurrence involving a firearm, transported or stored under this law. The law also does not specifically grant employees the right to carry firearms or any other weapons into the workplace. The law sets forth various exemptions that will enable an employer to craft workplace firearms policies that curtail firearms on workplace premises.

This new law became effective on August 15th. As you might expect, there was and is staunch opposition to this legislation by employers and business owners. Legal challenges against comparable legislation in other states has been met with favorable results. Indeed, a similar challenge in Louisiana is likely. Nonetheless, in the absence of any judicial ruling declaring the new firearms law unconstitutional, either in whole or in part, employers should review their policies to address the possession of firearms by employees at work in light of this new law.

Senate Bill 51 (Act 684) can be read in its entirety at the following url:
www.legis.state.la.us/billdata/streamdocument.asp?did=504213