Governor Signs Bill Allowing Guns at Worksite Parking Lots

July 11, 2008

On July 2, 2008, Louisiana Governor Bobby Jindal signed into law Senate Bill 51 (Act 684) that has important repercussions for employers. The law enacts La. R.S. 32:292.1, which provides 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.

This new law becomes effective on August 15. As you might expect, there was a lot of opposition to this legislation by employers and business owners, but now that this legislation has been signed into law, employers should promptly draft policies to address the possession of a firearm under 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