Companies Need to Act Now to Prohibit Guns on Their Premises
By: MARY M. KRAKOW
May 2003 - Flash Focus
The Minnesota Citizens’ Personal Protection Act of 2003 (“the Act”), commonly referred to as “the conceal-carry law,” takes effect on May 28, 2003. The Act likely will result in more pistol permit holders. A permit holder is authorized to carry a pistol on his/her person, on or about his/her clothes, in a motor vehicle, snowmobile or boat, or in a public place. A “public place” includes property owned, leased, or controlled by a governmental unit. It also includes private property that is regularly and frequently open to the public, which includes most businesses.
Companies who wish to prohibit firearms* on their premises should act now. Companies also may need to update any current policies regulating employees’ possession of firearms to ensure compliance with the Act.
Employers May Restrict Employees from Carrying or Possessing Firearms
The Act provides that both public and private employers may establish policies that restrict employees, including permit holders, from carrying or possessing firearms while acting in the course and scope of employment. An employer may impose employment-related sanctions for violation of its policies. Thus, an employer that adopts a no-firearms policy may discipline, up to and including terminating, an employee for violating its policy.
Private Establishments May Prohibit Firearms on Their Premises
The Act also provides the exclusive means by which private establishments may prohibit firearms on their premises. A “private establishment” is any building or structure (or portion thereof) that is owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose. This likely includes most private businesses so long as they have no governmental ownership, control or purpose.
Private establishments may prohibit a permit holder and others from bringing firearms onto their premises by making a reasonable request that no one bring firearms into the establishment and, having done so, may order a violator to leave. A private establishment has made a “reasonable request” only if it has done all of the following:
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Posted a sign at every entrance to the establishment containing the following language:
[IDENTITY OF OPERATOR] BANS GUNS IN THESE PREMISES] - The sign must be readily visible and within four feet laterally of each entrance with the bottom of the sign at a height of four to six feet above the floor.
- The lettering of the sign must be in black arial typeface at least 1½ inches in height against a bright contrasting background that is at least 187 square inches in area.
- The requester or its agent must have personally informed the person of the posted request and demanded compliance.
A person who fails to leave after a “reasonable request” is guilty of a petty misdemeanor and subject to a fine not to exceed $25 for a first offense but may not be required to forfeit his/her firearm.
*NOTE: The Act governs “pistol permits” but refers to “pistols,” “guns,” and “firearms” in various provisions.
What Employers, Private Establishments and Landlords Cannot Prohibit
Neither employers nor private establishments may prohibit the lawful carrying or possession of firearms in a parking facility or parking area. Also, the Act prohibits landlords from restricting the lawful carrying or possession of firearms by tenants or their guests.
Additionally, the Act includes special provisions for schools and state-licensed child care centers, the scope of which is beyond this Flash Focus.
What Companies Should Do Now
Companies that wish to prohibit firearms on their premises should do the following:
A. As to employees, publish a workplace violence prevention policy that does at least the following:
- Prohibits employees from carrying, possessing or using firearms (including but not limited to pistols) or other weapons while on company premises (but not parking lots), while operating company machinery, equipment or vehicles for work-related purposes, or while engaged in company business off premises. Specify that the policy applies to all employees, including but not limited to those who have a valid permit to carry a pistol;
- Reserves the right to search and inspect property and persons while on company premises, while operating company machinery, equipment, or vehicles for work-related purposes, or while engaged in company business off premises;
- Encourages employees who are aware of policy violations, or who receive threats of violence while on company premises, while operating company machinery, equipment or vehicles for work-related purposes, or while engaged in company business off premises, to promptly report the violations or threats to identified management-level individuals; and
- Informs employees that violation of the policy will result in discipline, up to and including immediate termination of employment.
Companies with union-represented employees may be required to bargain with the union prior to implementing a workplace violence prevention policy.
B. As to visitors, if the company is a “private establishment” (non-governmental), do the following:
- At every entrance conspicuously and prominently post a sign that meets all of the requirements set forth above; and
- Implement a method by which the company will personally inform each visitor of the posted request and demand compliance. Potential methods include a written notification that may take any number of forms depending on the business. The notification also could be oral.
Companies and individuals with questions regarding the Act are encouraged to contact their legal counsel.