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Seyfarth Synopsis: States continue to strike down restrictions and expand gun access, requiring employer vigilance to comply with the law and protect employees from workplace violence hazards.
Employers have been alarmed by an increase in workplace violence over the last ten years, particularly in health care. The prevalence of active shooters in workplace (and decline in accidental deaths) mean that workplace violence now accounts for 17% of all occupational fatalities. In the event of a workplace shooting, OSHA agencies can issue Serious citations to employers who fail to protect employees from a recognized hazard of workplace violence. If improperly managed, an OSHA inspection and citation could be used against an employer in a multi-million-dollar tort action relating to the shooting. Employers further must implement workplace violence prevention programs in some state plan states (e.g., CA, NY), while struggling to comply with expanding firearms access laws in dozens of others.
The Supreme Court's Precedent and Expanding Gun Rights
Recent legislative and judicial developments across the country have expanded individual rights to carry firearms. State courts have applied the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen to strike down longstanding firearms restrictions that lack "history and tradition," meaning similar restrictions on firearms from colonial governments and 18th century state statutes.
Accordingly, state legal changes have expanded the firearms landscape to allow for open carry, concealed carry, carrying by young adults, carrying by individuals convicted of domestic violence crimes, and carrying by individuals who had been "red-flagged" by a court for a mental health crisis or criminal history. These new state laws raise important questions for employers managing workplace safety and compliance.
Florida's Open Carry Ban Overturned
In McDaniels v. Florida, No. 1D2023-0533 (1st Dist. Ct. Appeal Fla.), the Florida First District Court of Appeal struck down the state's long-standing ban on open (unconcealed) carry of firearms. The court vacated a criminal conviction and ruled that Florida Statute § 790.053 was unconstitutional under the Second Amendment. This decision, effective September 25, 2025, permits open carry for adults 21 and older, provided the firearm is holstered or slung appropriately (and not brandished in a threatening manner).
"Permitless" Carry and ID Requirements
- Like many states with expanded gun access laws, Florida permits concealed carry without a permit. Fl. Stat. §790.01 and §790.013. Individuals must carry valid identification while armed and present it upon request by law enforcement. Failure to carry identification is a noncriminal offense, punishable by a $25 fine.
- In a separate ruling, a Florida judge invalidated the state's restriction on concealed carry for individuals aged 18–20, further broadening carry and access.
- South Carolina recently passed a statute allowing permitless carry.
- Tennessee has expanded its permitless carry statute, lowering the age limit from 21 to 18.
- Texas has expanded permitless carry, with recent clarifications providing protections for gun owners in public spaces.
- Texas has outlawed the enforcement of "red-flag orders," meaning that state authorities will be disallowed from disarming individuals that a court adjudicated to be a threat to public safety.
What Employers Can Restrict
Despite past lobbying efforts from gun rights groups, no states currently mandates that private employers allow open carry or concealed carry of firearms in their workplaces. The rights of private property owners to restrict access to their properties essentially override individuals' rights to carry firearms. Employers with property rights at the workplace, including lessees, retain the right to prohibit firearms on their premises. Workplaces include retail stores, offices, health care facilities, and other business environments.
Employers' means to enforce these restrictions include posting of prohibitions on firearms, requiring of employees and contractors to comply with its safety rules (through discipline and contractual enforcement), and right to use law enforcement to enforce trespass restrictions against armed individuals. In the case of Florida, the Florida Attorney General confirmed this position in a Guidance Letter dated September 15, 2025, explaining that employers may report violations to local law enforcement as a trespass—a third-degree felony under Florida law.
But an employer who provides employees to a mutli-employer worksite that they do not control has fewer options. The employer can seek agreement with the property operator on firearms via contract and remove its employees if the property operator is not complying with its agreement. But monitoring and hazard recognition at a property operator's worksite generally will be a challenge.
"Parking Lot Law" Exceptions
Dozens of states require employers to allow employees to possess firearms in their personal vehicles, even when parked on Company-owned property that otherwise restricting firearms.
Florida, for example, prohibits employers from:
- Banning firearms stored in locked vehicles
- Asking employees about firearms in their vehicles
- Searching vehicles for firearms
As explained above, the parking lot protection does not extend to workplace interiors, and employers may still enforce no-carry policies inside buildings. It also does not extend to Company vehicles.
Practical Takeaways for Employers
- Draft and implement workplace violence prevention programs to protect employees, contractors, visitors, customers/clients.
- Assess worksites for workplace violence hazards.
- Respond proactively to reports of workplace violence hazards.
- Review and update workplace firearm policies to reflect current state laws.
- Train managers on enforcement procedures, including trespass reporting.
- Communicate clearly with employees about vehicle vs. workplace carry distinctions.
- Monitor ongoing litigation and legislative proposals that may further impact employer rights.
As firearms laws continue to evolve, employers must stay vigilant to balance individual rights with workplace safety. We will continue tracking these developments and provide updates as new rulings and statutes emerge.
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.
