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HR Matters
New Kentucky Law Limits an Employer's Right to Ban Firearms from Vehicles on Company Property
July 14, 2006
New Kentucky Law Limits an Employer's Right to Ban Firearms from Vehicles on Company PropertyKentucky recently passed legislation that, among other things, allows employees and others to keep firearms in vehicles on company property and to remove the firearms from the vehicles under certain circumstances. The law - - Kentucky House Bill 290 (HB 290) - - goes into effect on July 12, 2006.
Key Provisions. The new law provides in general that: (1) employers (and others who own, lease or occupy real property) cannot prohibit anyone who is legally entitled to possess a firearm from possessing a firearm, ammunition, or ammunition component in a vehicle on the property; (2) a firearm may be removed from a vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the employer (or other property owner); and (3) an employer who fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by the new law is civilly liable for damages and subject to a court's order to comply with the law.
HB 290 does not restrict an employer's right to prohibit weapons in its buildings. It is unclear, however, whether HB 290 restricts an employer's right to prohibit employees from keeping firearms in company-owned vehicles on company property.
Employers should review any weapons policies that they currently have in place to assure that their policies are in compliance with HB 290.
If you would like to discuss how this new Kentucky law may impact your Kentucky operations, please contact a GH&R labor and employment attorney.
This Client Alert is a publication of the Graydon Head & Ritchey LLP Human Resources Client Service Department: Thomas A. Breitenbach, Chair. The Department consists of the following practice groups and their members:
Employee Benefits & Executive Compensation Practice Group: Henry G. Alexander, Thomas A Breitenbach, Lyndsey R. Cater, Robert R. Saelinger, Jamie D. Scott.
Labor & Employment Practice Group: Thomas A. Brennan, Daniel E. Burke, Kara A. Czanik, Harry J. Finke, IV, Lee P. Geiger, Everett L. Greene (Editor), John C. Greiner, Bruce A. Hoffman, Katherine M. Lasher, Bruce I. Petrie, Jr., Michael A. Roberts, Brian C. Thomas, Kent Wellington.
Many states, including Kentucky, require that law firms add the statement "THIS IS AN ADVERTISEMENT" on publications of this nature. This Newsletter is a periodic publication of Graydon Head & Ritchey LLP and should not be construed as a legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult your own advisor concerning your situation and any specific legal question you may have.
This Newsletter is a periodic publication of Graydon Head & Ritchey LLP and should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult your own advisor concerning your situation and any specific legal question you may have.