5-73-326. Licensee rights — Private employer parking lot.

5-73-326. Licensee rights — Private employer parking lot. (a) A private employer shall not prohibit an employee who is a licensee from transporting or storing a legally owned handgun in the employee's private motor vehicle in the private employer's parking lot when: (1) The handgun: (A) Is lawfully possessed; (B) Is stored out of sight inside a locked private motor vehicle in the private employer's parking lot; and (C)(i) Is stored inside a locked personal handgun storage container that is designed for the safe storage of a handgun. (ii) An employee is not required to store the handgun in the personal handgun storage container as required in subdivision (a)(1)(C)(i) of this section until he or she is exiting his or her private motor vehicle; and (2) The employee has in his or her possession the key to the personal handgun storage container as required by subdivision (a)(1)(C)(i) of this section. (b) A private employer shall not prohibit or attempt to prevent an employee who is a licensee from entering the parking lot of the private employer's place of business because the employee's private motor vehicle contains a handgun if: (1) The handgun is kept for lawful purposes; (2) The handgun is concealed within the employee's private motor vehicle; and (3) The employee stores the handgun in his or her motor vehicle in accordance with subdivisions (a)(1)(A)-(C) of this section. (c) An employer has the right to: (1) Prohibit a person who is not an employee from storing a handgun in the employee's motor vehicle in the private employer's parking lot; and (2) Prohibit a licensee's entry onto the private employer's place of business or parking lot because the person's private motor vehicle contains a handgun in the following circumstances: (A) The parking lot is a prohibited place specifically listed in § 5-73-306; (B) The parking lot is on the grounds of an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence and the single-family detached residence or tenant-occupied single-family detached residence is being used as a residence; (C) The private employer reasonably believes that the employee is in illegal possession of the handgun; (D) The employee is operating a private employer-owned motor vehicle during and in the course of the employee's duties on behalf of the private employer, except when the employee is required to transport or store a firearm as part of the employee's duties; (E) The private motor vehicle is not permitted in the parking lot for reasons unrelated to the employee's transportation, storage, or possession of a handgun; (F) The employee is the subject of an active or pending employment disciplinary proceeding; or (G) The employee, at any time after being issued a license to carry a concealed handgun, has been adjudicated mentally incompetent or not guilty in a legal proceeding by reason of mental disease or defect. (d) This section does not prevent a private employer from prohibiting a person who is not licensed or who fails to transport or store the handgun in accordance with subdivisions (a)(1)(A)-(C) of this section from transporting or storing a handgun in the parking lot or from entering onto the private employer's place of business or the private employer's parking lot. (e) A former employee who possesses a handgun in his or her private motor vehicle under this section is not criminally liable for possessing the handgun in his or her private motor vehicle in his or her former private employer's parking lot while the former employee is physically leaving the private employer's parking lot immediately following his or her termination or other reason for ceasing employment with the former private employer.