AZ: New gun law means businesses should review workplace safety policies

By Joe Pangburn, AzBiz.com

If business owners and employers haven’t done so already, they need to review workplace safety and “gun-free” policies to make sure they are in compliance with Arizona’s new “Guns at Work” law.

The law, which went into effect Oct. 1, makes it illegal for a property owner, tenant, public employer, private employer, or any other business entity to establish, maintain or enforce a policy that prohibits their employees, visitors or customers from storing firearms in their cars or motorcycles.

The firearms must be stored in a locked vehicle or in a locked compartment of a motorcycle, and cannot be visible from outside the vehicle. The law does not impact an employers’ right to prohibit firearms within its buildings. “This has opened the dialogue for the employers to reconsider their policies,” said attorney Abbe Goncharsky of Lewis and Roca. “Especially if they have a no-gun policy.”

According to Goncharsky, business owners can comply with the statute by implementing one of the following practices:

- Allowing employees, customers and visitors to store firearms in their cars so long as they comply with the locked and not visible requirements.

- Prohibiting the storage of firearms in vehicles or motorcycles, if the parking area is fenced or secured, access to the parking is limited or monitored by a guard or security camera and the employer provides secure, monitored firearm storage that is readily accessible to people entering and exiting the premises.

- Prohibiting the storage of firearms in vehicles parked in their primary parking area, but the business must provide alternative parking in a convenient area near the primary parking lot for use by those individuals who want to store a firearm in their vehicle or motorcycle, provided they comply with the locked and not visible requirements. The business may not charge an extra fee for use of this lot.

That last one may be a less expensive alternative than the second option, Goncharsky said. “Business owners need to remember though, that the policies in employee handbooks will only apply to employees but this is also talking about customers who will park in your parking lot. You may not want to put a sign up that says no firearms in vehicles in this parking lot but an additional lot is located around the corner. Companies want to tread very carefully so as not to tell someone where they might find a vehicle with a firearm in it.”

Goncharsky said to ensure compliance with the law, employers should revisit and, if necessary, revise their practices and policies regarding the use and storage of weapons on company premises. As part of this process, business officials need to decide which of the three compliance methods they will implement.

They should also keep in mind that any change to the company’s weapons policy should not be made in isolation.

“As with any change to workplace policies that may affect the safety of people on the employer’s premises, this change should not be made without also reviewing and revising other safety, security, and workplace reporting policies,” Goncharsky said.