New Ohio Law Dealing With Employee Possession of Handguns to Take Effect Soon

New Ohio Law Dealing With Employee Possession of Handguns to Take Effect Soon

Effective March 21, 2017, Ohio employers, both public and private, are no longer permitted to have or enforce a company policy or rule that prohibits a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition in the person’s privately-owned motor vehicle while parked on the employer’s property.

Pursuant to Ohio Revised Code §2923.1210, an employee can transport or store a firearm or ammunition in the employee’s own vehicle while on the employer’s property if the employee has a valid concealed handgun license. If an employer does terminate an employee for lawfully storing a handgun in the employee’s parked car on the employer’s property, the employee would probably be able to maintain a wrongful discharge lawsuit against the employer.

The same statute also provides some immunity for the employer. The statute provides that no employer shall be held liable in any civil action for damages, injuries or death resulting from or arising out of another person’s actions involving a firearm stored pursuant to the statute unless the employer intentionally procured the other person’s injurious actions.

In other words, an employer would not be held liable for another person’s actions using the firearm unless the employer persuaded or caused the wrongdoer’s actions.

Employers should check their company policies to make sure that their company policies are in accordance with the new Ohio law.
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Martin J. Boetcher is a lawyer with Harrington, Hoppe & Mitchell, Ltd. He can be reached at mboetcher@hhmlaw.com or at (330) 744-1111.