New Law Limits Ability of Employers to Prohibit Weapons

Effective September 1, 2011, Chapter 52 of the Texas Labor Code was amended to prohibit a public or private employer from preventing an employee who holds a concealed handgun license and who otherwise lawfully possesses a firearm or ammunition from transporting or storing a firearm or ammunition in a locked, privately owned motor vehicle in a parking area the employer provides for employees, with certain exceptions.  The statute does not prohibit an employer from forbidding an employee from possessing a firearm on the premises of the employer’s business (except for the parking area). It also provides immunity from civil liability for the employer or the employer’s principal, officer, director, employee, or agent for any damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with the statute’s provisions, except in cases of gross negligence.  Employers should review their weapons policy to ensure compliance with this new statute.

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