§ 11-5-117 — Possession of firearm in private employer parking lot - Definition

(a) (1) As used in this section, "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles. (2) (A) "Parking lot" does not include a parking lot owned, maintained or otherwise controlled by the Department of Corrections or an entity contracting with a division of the department to provide work release or post-incarceration housing services. (B) The department will notify annually any entity subject to this provision of its applicability. (b) A private employer shall not prohibit an employee from transporting or storing a legally owned firearm in the employee's private motor vehicle in the private employer's parking lot when the firearm is: (1) Lawfully possessed; and (2) Stored out of sight inside a locked private motor vehicle. (c) A private employer shall not prohibit or attempt to prevent an employee from entering the parking lot of the private employer's place of business because the employee's private motor vehicle contains a firearm if the firearm is: (1) Kept for lawful purposes; and (2) Stored out of sight inside a locked private motor vehicle. (d) An employer has the right to: (1) Prohibit a person who is not an employee from storing a firearm in an employee's motor vehicle in the private employer's parking lot; and (2) Prohibit an employee entering the private employer's place of business or parking lot because the employee's private motor vehicle contains a firearm in the following circumstances: (A) The parking lot is on the grounds of an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence and the single-family detached residence or tenant-occupied single-family detached residence is being used as a residence; (B) The private employer reasonably believes that the employee is in illegal possession of the firearm; (C) The employee is operating a private employer-owned motor vehicle during and in the course of the employee's duties on behalf of the private employer, unless the employee is required to transport or store a firearm as part of the employee's duties; (D) The private motor vehicle is not permitted in the parking lot for reasons unrelated to the employee's transportation, storage, or possession of a firearm; (E) The employee is the subject of an active or pending employment disciplinary proceeding; or (F) The employee has been adjudicated mentally incompetent or not guilty in a legal proceeding by reason of mental disease or defect. (e) This section does not prevent a private employer from prohibiting a person who fails to transport or store the firearm in accordance with subsection (b) of this section from transporting or storing a firearm in the private employer's parking lot or from entering the private employer's place of business or the private employer's parking lot. (f) A former employee who possesses a firearm in his or her private motor vehicle under this section is not criminally liable for possessing the firearm in his or her private motor vehicle in his or her former private employer's parking lot while the former employee is physically leaving the private employer's parking lot immediately following his or her termination or other reason for ceasing employment with the former private employer.

Legislative History

Added by Act 2021, No. 809,§ 3, eff. 7/28/2021.