Member Article

The Tennessee General Assembly has taken from employers the right to discipline employees for bringing guns to work and given to employees a new exception to the at-will rule. On March 14, 2013, Governor Bill Haslam signed Senate Bill 142, commonly referred to as the “Guns in Trunks” legislation, which will take effect July 1, 2013. This legislation permits an employee who holds a handgun carry permit to “transport and store” a firearm and/or ammunition in his/her car while in a public or private parking area. The firearm and/or ammunition in the employee’s car must not be in plain view when the employee is not in the car and must be secured in a compartment within the car when the employee is present.

The “Guns in Trunks” law does provide employers with immunity from liability for injuries resulting from the “transportation” and “storage” of a firearm and/or ammunition in a privately owned vehicle. It is unclear, however, whether the scope of that immunity extends to foreseeable injuries resulting from the use of a firearm and/or ammunition stored in such vehicle. On its face, the immunity appears to be limited, offering protection only when the proximate cause of any injuries flows from the “storage” or “transportation” of a firearm and/or ammunition in a privately owned vehicle. At a minimum, employers should be aware of, and prevent, known dangers that could lead to injuries of staff and/or patrons.

There is confusion about whether the “Guns in Trunks” law limits an employer’s ability to discipline an employee solely for possessing a firearm and/or ammunition in his or her car. Lt. Governor Ron Ramsey, who sponsored the legislation, says that the legislation implicitly limits an employer’s ability to discipline or discharge an employee solely for exercising his or her right to transport and store a firearm and/or ammunition in a privately owned vehicle. However, House sponsors have asserted that the legislation was not intended to affect employment decisions.

Until this legislation is clarified or vetted by the courts, we recommend that an employer not discipline or discharge an employee for exercising his or her rights under the “Guns in Trunks” law. Prudent employers should treat the protection afforded by this legislation as a new twist to the public policy exception to the employment at-will rule.

For more information about the contents in this bulletin, please contact Waverly D. Crenshaw, Jr. or any member of the Labor & Employment Team at 800.487.6380.

The opinions expressed in this bulletin are intended for general guidance only. They are not intended as recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance.