5th Circuit finds narrow exception, upholds firing of worker with gun in parked car

As you probably know, a Mississippi statute forbids employers from maintaining any rule prohibiting people from transporting or storing a firearm in a locked vehicle in the company’s parking lot or garage or other designated parking area. But in a recent decision, the U.S. 5th Circuit Court of Appeals, whose rulings apply to Mississippi, Louisiana, and Texas employers, acknowledged an exception to the statute exists. If the requirements are met, you may fire an employee for having a firearm in a locked vehicle in the company’s parking area.

Facts

Michael McIntyre worked for CalsonicKansei North America, Inc., a contractor at Nissan North America’s auto manufacturing plant in Canton. Nissan and CalsonicKansei both had policies prohibiting firearms on company property, including the parking lots.

As a CalsonicKansei employee, McIntyre parked his vehicle in Lot 1B, which Nissan owned but allowed CalsonicKansei’s employees to use. The lot was located at the back of the plant. The entire facility was surrounded by a chain-link perimeter fence topped with barbed wire.

To access Lot 1B, vehicles had to pass through Entry 1, located at the plant’s perimeter fence, and Entry 1A, located approximately 75 yards inside the fence. A no-trespassing sign was posted at Entry 1 stating that only Nissan employees, contractors, and approved visitors were permitted inside the fence. Entry 1A was secured with retractable drop arms, though the parties disputed how often they were used. Security cameras were aimed at Entry 1A, and guards continuously patrolled the entire Nissan plant.