EFFECT OF OHIO CONCEALED WEAPONS LAW ON EMPLOYERS

April  2004

On April 7, 2004, Ohio's New Concealed Carry Law became effective. This Ohio law gives permit holders the right to carry concealed handguns.  The law does not change the rights of Ohio employers to make and enforce policies restricting or prohibiting weapons on and in the employer’s property.   

Ohio’s Concealed Carry Law specifically provides that the law’s provisions do not “negate or restrict any rule, policy, or practice of a private employer ... concerning or prohibiting the presence of firearms on the employer’s premises or property, including motor vehicles the employer owns”.  Also, the law provides a private employer qualified immunity from civil liability and civil actions for injury/death or loss to persons or property caused by a handgun of a licensee whether or not the private employer prohibits firearms on the employer’s premises. 

Given this new law, guns may appear in the workplace unless employers have clear written policies prohibiting such possession. Existing policies should be reviewed, and revised if necessary, to make sure they clearly apply to weapons covered by concealed carry licenses.  For example, an employee may mistakenly believe that a policy that prohibits only “unauthorized weapons” does not apply to a person who holds a concealed carry license.  Policies should be revised to specifically state that all weapons, even those licensed by concealed carry laws, are prohibited on company premises (including vehicles) or while on company business. 

Employers also must determine whether their workplace is subject to additional restrictions under this law.  The law provides that concealed weapons, even if licensed, are not allowed in schools, courthouses, liquor permit premises, public/private colleges (unless in locked motor vehicles), religious places of worship, child daycare centers, and public buildings.  Employers should post notices so that employees are aware that a concealed weapon on these premises is not only a violation of workplace policies, but may also violate State law. 

In addition, the law provides that an employer may prohibit anyone such as a visitor or vendor entering company premises from carrying weapons, with or without a concealed carry license, by posting a notice in a conspicuous location.  Employers who choose to post such a notice should also include similar language in the employee handbook.