New Ohio Handgun Law Deals with Employee Possession
By Martin J. Boetcher, Harrington, Hoppe & Mitchell Ltd.
YOUNGSTOWN, Ohio — Effective March 21, 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, paragraph 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.
The author, Martin J. Boetcher, is a lawyer with Harrington, Hoppe & Mitchell Ltd. He can be reached at [email protected] or at 330 744 1111.
SOURCE: Harrington, Hoppe & Mitchell.
Copyright 2022 The Business Journal, Youngstown, Ohio.