Georgia's New "Parking Lot Law" Permits Employees to Bring Concealed Weapons to the Workplace

Posted: May 20, 2008

Over heavy opposition from Georgia employers and advocacy groups, Georgia Governor Sonny Perdue has signed into law a bill that allows individuals who lawfully possess a concealed weapon to store it in a locked vehicle in their employer's parking lot. The law, approved on May 14, 2008, dubbed the "parking lot bill," prohibits employers from maintaining or enforcing a policy that bans concealed weapons from company property and significantly limits an employer's right to search private vehicles of employees or invited guests.

Rights of Employers

Any employer that owns property on which employees park their vehicles is exempt from the law and may restrict access to their property as a property owner. Accordingly, an employer may bar firearms from property it owns and search employees or guests in the same manner as permitted before the new law. The new law also exempts from the restrictions on vehicle searches areas that are used temporarily for parking. Moreover, employers have the right to prohibit employees who have completed a disciplinary action or have one pending from bringing a concealed weapon onto company property.

Employers who are not property owners still have some rights to search the vehicles of employees for firearms under the new law:

(A) Employers may search vehicles owned by the employer

(B) Where a reasonable person would believe that searching an employee's car might prevent an immediate threat to human health, life or safety, an employer may search the locked vehicle of an employee.

(C) An employer may also search an employee's vehicle where a private security officer has probable cause to believe that the employee unlawfully possesses employer property and the employee consents to a search of the vehicle.

Furthermore, employers are protected where searches are made by law enforcement personnel pursuant to a valid search warrant or valid warrantless search.

In addition, employers that provide a secured parking area that restricts public access with a gate, security officers, or security guards may search employee vehicles as long as they search all vehicles.

Exempt Industries

Employers in certain sensitive industries are exempt. The new law does not apply to prisons, jails, or other detention facilities, public utilities, or Department of Defense contractors located on a U.S. military base or within one mile of an airport. Parking lots near facilities involved in the storage or supply of water or energy, and deemed in writing to be vital to the State of Georgia by the Department of Homeland Security, also are not covered by the law.

Limitations on Employer Liability

Given employers' significant concern over possible liability stemming from this law, the Georgia legislature included provisions limiting employer liability. An employer, private property owner, or property owner's agent may not be held criminally or civilly liable for actions resulting from the transport or use of a firearm unless the employer commits a criminal act involving the firearm or the employer knew the criminal act would be committed on its premises. This limitation on liability also extends to acts involving or resulting from the theft of a firearm from an employee's vehicle.

Significantly, the law states that it imposes no new duty on employers and it does not create an exception to the employee-at-will doctrine or give at-will employees a greater interest in employment than they otherwise had.

The law's limitations on employers' right to search do not create a private right of action for employees. Any action for a violation of the law must be brought by the Attorney General.

In the event that an employee brings suit against the employer and the court finds: (1) the employer was in compliance with the law, and (2) the plaintiff was seeking to make his employer liable for the criminal use of firearms in the workplace, the plaintiff may be liable for all of the employer's legal costs under the new law's attorney-fee provision.

The new law does not require employers to provide additional security for employees.

Impact on Georgia Employers

Despite the limitations on liability, the new law will probably not deter legal action against employers by injured employees, patrons or invitees in the event of a violent incident involving an employee's weapon. Employers, particularly those who restrict access to company property with gates or security personnel, should consider updating existing policies or adopting new policies to reflect these changes in the law and should assess their security procedures to ensure compliance with these new requirements. Employers also should train their supervisors regarding compliance with the new law.

In a related development, Florida residents will be permitted to bring their guns to work under the Preservation & Protection of the Right to Keep & Bear Arms in Motor Vehicle Act of 2008 signed into law by Governor Charlie Crist on April 15, 2008. This law bars public and private employers from prohibiting a customer, employee, or invitee from possessing a legally-owned firearm that is kept inside a locked, privately-owned motor vehicle which is parked in a parking lot, in most cases, even on an employer's private property.

Related Links
Florida Law Gives Employees the Right to Keep Firearms in Vehicles