In spite of the potential benefit the licensed individual provides, fear of guns in anyone’s hand has led some businesses to adopt a no guns on the premises policy. However, a company’s right to bar guns has limits as Steve Collins humorously explains below:
“Hey, Harlan, I heard Louise has got a shiny Colt Detective 38 Special locked up in her trunk. She's always pushing the rules. There are no guns allowed on company property. I've had it with Louise. This is it. I'm firing her."
Wait, wait don't do it. In 2014 Tennessee passed Tennessee Code Annotated 39 17 1313, commonly referred to as the "guns in trunks law."
Since Louise has a proper Tennessee carry permit and since her Colt Detective 38 Special is locked up in her trunk, she is protected by the law. The law allows Louise to transport and store her gun in her vehicle. That law applies to the company parking lot. All Louise has to do is be on the property legally, be parked legally, and her have her gun and ammunition 'kept from ordinary observation'. A gun locked in the trunk is 'kept from ordinary observation'.
Also if Harlan does fire Louise she can bring a lawsuit against the company charging that her statutory right to have her gun locked in her trunk has been violated and she can in turn seek and receive damages from the employer including her attorney fees and litigation costs and she can get an injunction prohibiting her employer from violating that law and taking an adverse employment action against her. These remedies for Louise are provided for in Tennessee Code Annotated 50-1-312. The result is that an employer of any size is now prohibited from discharging or taking an adverse employment action against its employee in Tennessee 'solely' for being in compliance with 'guns in trunks'.
Be aware and wait, wait don't do it. Tennessee Code Annotated 50-1-312. Became effective July 1, 2015.
For more WAIT, WAIT DON'T DO IT advice to employers check other Steve Collins post at http"//spicefirm.com/news.html.
# # #
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Published by I-65 North, Inc.
Published by I-65 North, Inc.
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