Armed with the facts: What to know about ‘parking lot laws’

Q           In instances of reasonable suspicion or when it relates to the company’s workplace violence policy prohibiting the possession of weapons, are we allowed to search an employee’s vehicle on company property, and can we add this to our employment policy?

Like most legal answers, it depends. In recent years, many states have passed what are known as “parking lot laws.” These types of statutes prohibit employers from banning firearms in their parking lots and, in some cases, prohibit employers from searching an employee’s vehicle for the presence of firearms. Therefore, before updating any policies, or even searching employees’ vehicles, you should look into your state’s governing law to ensure compliance.

Over 20 states have now passed some form of parking lot law, including Tennessee, West Virginia, and Kentucky. For example, under Tennessee law, employees lawfully carrying handguns may store the weapon in their vehicle at work if (1) the vehicle is parked in a location where it is permitted to be and (2) the firearm is kept from ordinary observation or—if the person isn’t in the vehicle—is kept from ordinary observation and locked away/securely affixed to the vehicle.