Senate Bill 199 took effect on March 21, 2017 and authorizes individuals with a concealed carry license (CCW) to carry, transport, or store a concealed weapon in areas currently prohibited. The new law could possibly have significant ramifications for employers, and as such all employers should consider the changes and any effect they may have on employer policies.

Firearms in Employee Vehicles:

Under this law, employee CCW holders will have the right to transport and store firearms in their personal vehicles. After the law goes into effect, 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 an employee CCW holder from transporting or storing a firearm or ammunition when both of the following conditions are met: 1. The firearm and all ammunition must remain inside the employee’s personal vehicle when the employee is in the vehicle or must be locked in the glove compartment, trunk, or secure compartment; 2. The employee’s personal vehicle is in a location it is otherwise permitted to be, e.g., an employer parking lot. The new law also provides the business entity, property owner, or public or private employer with immunity in civil actions for damage, injuries, or death resulting from a person’s actions involving a firearm or ammunition transported or stored.

Firearms in Public Buildings:

Additionally, under the new law, the governing body of a public building under the control of the State of Ohio, or a political subdivision now has the authority to enact a policy, rule, ordinance, or statute permitting CCW holders to carry a concealed handgun into that building. This authority is not limitless. CCW holders are still prohibited from carrying a concealed weapon into a police station, sheriff’s office, state highway patrol station, state correctional facility or jail, among other places. Further, a CCW holder cannot carry a concealed handgun into a courthouse or any another building or structure in which a courtroom is located, or a place in which federal law prohibits the carrying of handguns.

Simply put, the governing body that controls a government building now will have the authority to allow CCW holders to carry on its premises. This authority is granted to the governing body that actually controls each building, so not necessarily the political subdivision as a whole.

It is unclear how many public entities will permit CCW holders to carry a concealed handgun in various public buildings after the law takes effect, but employers that allow concealed carry will have to address the question of whether their own employees who are CCW holders will be allowed to carry on the job. Employers considering allowing their CCW licensed employees to carry on the job should thoroughly review the possible liabilities, dangers, and other ramifications of such a decision.

Firearms in Other Places:

CCW holders will also now be able to carry a concealed handgun into non-secure areas of public airports. Specifically, a CCW holder may carry a concealed handgun into areas of a public airport that are not beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency. The new law also eliminates the blanket prohibition of CCW holders carrying a concealed handgun into daycare centers. However, daycare centers still maintain the right to post no concealed carry signs, as does any private business.

Conclusion:

Before the law takes effect, public entities should review their concealed carry practices and policies relative to employees, property, and/or buildings to ensure compliance with the new law. Feel free to contact attorney Frank Hatfield at fhatfield@fishelhass.com or (614) 221-1216 with any questions.