Recent surveys have shown that more than 40 percent of Arizona residents possess at least one firearm. Arizona's gun laws tend to be less restrictive than in other parts of the U.S., authorizing most people over the age of 21 to carry a weapon, either openly or concealed.

While the option to bear arms is a constitutional right for U.S. citizens, employers also have the right to keep weapons out of the workplace. In the battle of Second Amendment rights vs. employee safety, here are several tips employers need to keep in mind when drafting a firearms policy.

Gun law specifics

In the state of Arizona, all property owners, including employers, are allowed to prohibit firearms on their property. In order to lawfully prevent firearms from being brought into your place of work, businesses must generally provide reasonable notice of their firearms policy, along with a detailed description of what is and is not allowed.

Typically, this notice requirement can be satisfied by posting prominent signs and/or issuing formal policies to individuals who come on the property. There also are a number of places where carrying a gun is illegal, regardless of what the business owner prefers (i.e. schools). Check with legal counsel regarding additional restrictions that may apply to your particular industry.

Take it outside

While the law offers a number of protections for business owners, it expressly prevents businesses from prohibiting individuals from lawfully storing or transporting such weapons in their personal vehicles. Under the law, an employer may not institute a policy or rule that restricts employees (or other individuals) from lawfully storing a firearm if the firearm is both 1) in the employee's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle and 2) not visible from the outside of the motor vehicle.

In other words, you can prohibit individuals from bringing weapons on to your property, but you cannot prevent employees from having a legal weapon in their privately owned motor vehicle for purposes of storage and/or transportation. As with all laws, there are several exceptions to this rule, for example:

  • If the vehicle is owned or leased by the employer
  • If the employer or property owner provides a parking lot, parking garage or other area designated for parking motor vehicles, that: (a) Is secured by a fence or other physical barrier; (b) Limits access by a guard or other security measure; and (c) Provides temporary and secure firearm storage.

There are many other potential exceptions, so consult with your legal team before drafting an official weapons policy for your company.

As an employer, keeping your employees safe and providing them with an environment in which they flourish should be of utmost importance. Regardless of what your personal opinion may be about firearms, if you have employees, you should consider drafting a written policy that makes it clear that team members are prohibited from carrying weapons on the employer's property and into the workplace. This policy should be clearly conveyed to employees via training and in their employee handbook and updated on an annual basis.

Previously published in the Phoenix Business Journal - February 2015

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.