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    Ohio's Guns in the Trunk Law

     

    Signed on December 19, 2016 by Governor Kasich, Ohio's new Guns in the Trunk law became effective on March 21, 2017.  This new law allows employees to keep guns and ammunition locked in their cars while at work and while on the company's premises. The new law can be found in Ohio Revised Code 2923.1210, and provides:

     

    (A) A business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:

     

    (1) Each firearm and all of the ammunition remains inside the person's privately owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;

     

    (2) The vehicle is in a location where it is otherwise permitted to be.

     

    (B) No business entity, property owner, or public or private employer shall be held liable in any civil action for damages, injuries, or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to division (A) of this section including the theft of a firearm from an employee's or invitee's automobile, unless the business entity, property owner, or public or private employer intentionally solicited or procured the other person's injurious actions.(A) A business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:(1) Each firearm and all of the ammunition remains inside the person's privately owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;(2) The vehicle is in a location where it is otherwise permitted to be.(B) No business entity, property owner, or public or private employer shall be held liable in any civil action for damages, injuries, or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to division (A) of this section including the theft of a firearm from an employee's or invitee's automobile, unless the business entity, property owner, or public or private employer intentionally solicited or procured the other person's injurious actions.

     

    Previously, Ohio law permitted private employers to restrict or prohibit weapons on their property.  Employers must now permit employees to bring their handguns on their premises so long as the handgun is locked in their personal vehicle either in the trunk, glove box or other closed/locked compartment.  Employers are still permitted to prohibit firearms from inside their premises and in company-owned cars.

     

    So what does this mean to you?

     

    1.  Review your policies to make sure you are not prohibiting employees with concealed carry permits from having firearms in their personal, locked vehicle.  It is important to note that firearms may not leave the vehicle.

     

    2.  If you do not have a policy in place, now is the time to consider implementing a policy to address this new law.

     

    3.  You may still prohibit employees who do not possess a valid concealed carry permit from keeping firearms in their personal vehicles on the company premises.

     

    4.  You may still prohibit firearms from being carried inside your building or inside company-owned cars.

     

    If you should need assistance in drafting or reviewing your policies and practices, we are here to help.

     

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