Beginning January 1, 2023, with some restrictions, a person may carry a pistol (openly or concealed) in a public place without a permit. Ala. Code § 13A-11-7(c); Alabama Legislative Acts 2022, No. 22-133, § 9 [effective beginning January 1, 2023]. However, a person may not carry (openly or concealed) a pistol on private property if 1) the person does not possess a valid concealed weapon permit or 2) the property owner does not consent to firearms on the property. Ala. Code § 13A-11-52. Even if a person has a valid concealed carry permit, a property owner may still prohibit firearms on the property. Alabama Attorney General Opinion, 2014-074, p. 6. However, law enforcement officers, United States marshals or deputies, rural free delivery mail carriers, bonded constables, conductors, railway mail clerks, and express messengers may not be prohibited from openly carrying a pistol during the lawful discharge of their duties. Ala. Code § 13A-11-52
A business may also restrict or prohibit employees, including those with permits, from carrying firearms on the employer’s property or while engaged in employment duties. Ala. Code § 13A-11-90 [effective beginning January 1, 2023] However, a business may not restrict or prohibit an employee’s transportation or storage of a lawfully possessed firearm in the employee’s private vehicle in a public or private parking lot if the employee meets the following requirements:
- The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
- The pistol is either of the following:
- In a motor vehicle attended by the employee, kept from ordinary observation within the person’s motor vehicle.
- In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the person’s privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.
Pursuant to Alabama Code § 13A-11-90 [effective beginning January 1, 2023], a public or private employer may not restrict or prohibit the transportation or storage of a lawfully possessed firearm legal for use for hunting in Alabama other than a pistol, or ammunition for that firearm, in an employee’s privately owned motor vehicle while parked or operated in a public or private parking area if the employee satisfies all of the following:
- The employee possesses a valid Alabama hunting license.
- The weapon is unloaded at all times on the property.
- It is during a season in which hunting is permitted by Alabama law or regulation.
- The employee has never been convicted of any crime of violence as that term is defined in Section 13A-11-70, nor of any crime set forth in Chapter 6 of Title 13A, nor is subject to a Domestic Violence Order, as that term is defined in Section 13A-6-141.
- The employee has no documented prior workplace incidents involving the threat of physical injury or which resulted in physical injury.
- The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
- The firearm is either of the following:
- In a motor vehicle attended by the employee, kept from ordinary observation within the person’s motor vehicle.
- In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the person’s privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.
If an employer believes an employee presents a risk of harm to himself, herself, or to others, the employer may inquire as to whether the employee possesses a firearm in his or her private motor vehicle. If the employee does possess a firearm in his or her private motor vehicle on the property of the employer, the employer may make any inquiry necessary to establish that the employee is in compliance with the requirements noted above. If the employee is not in compliance with the above-mentioned requirements, the employer may take adverse employment action against the employee, at the discretion of the employer. However, if the employee has been in compliance with the above-mentioned requirements, the employer may not take adverse employment action against the employee based solely on the presence of the firearm. If an employer discovers by other means that an employee is transporting or storing a firearm in his or her private motor vehicle, the employer may not take any adverse employment action against the employee based solely on the possession of that firearm if the employee has complied with the above-mentioned requirements.
Guns and gun laws are socially and politically sensitive issues for many. Emotions on both sides of the Second Amendment run high. So, employers, particularly those in the retail and hospitality industry, need to be thoughtful in crafting policies on gun possession and even more careful in enforcing those policies.
M. Jansen Voss has developed a diverse defense litigation and appellate practice in both state and federal courts in Alabama and Mississippi. He represents a wide range of businesses, governmental entities, and individuals in complex personal injury and wrongful death lawsuits, as well as business disputes and breach of contract matters. He represents restaurants, bars, breweries, and hotels in Dram Shop lawsuits and assists clients with regulatory and licensing matters before the Alabama Beverage Control Board.
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
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