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Taking your gun to work in Virginia

March 2020 employment law letter
Authors: 
Michael E. Barnsback, O'Hagan Meyer

During the 2020 legislative session, the Virginia General Assembly is considering several gun control measures, including establishing mandatory background checks for any transfer of a firearm, limits on the purchase of handguns to one per month, and a ban on the sale of assault-style semiautomatic firearms. Regardless of what legislation is ultimately passed, your right as a private employer to ban guns from the workplace will remain unchanged.

Property owner's rights

Virginia is an “open-carry” state, which means an individual may carry a firearm in plain sight in most public areas. The state also provides concealed handgun permits to qualified individuals. An individual with a concealed handgun permit may carry a concealed firearm, with certain limitations.

The statute authorizing concealed handgun permits also specifically protects the rights of a private property owner to ban firearms on the property. It states, “The granting of a concealed handgun permit pursuant to this article shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property” (emphasis added).

The potential problem with the statute—it doesn't specifically grant employers the right to ban weapons from the workplace. It gives the right only to property owners. If you own the property where the workplace is located, there's no issue. As the property owner, you retain the right to ban weapons from the property.

Lessee's gun ban

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