Private Employer Posting Requirements: Prohibition Of Guns In The Workplace
With recent events regarding gun violence, employers should be aware that several states require private employers to post notices if they ban guns at the workplace. An employer’s obligation regarding specific language and color of the signs vary by state law and there is no federal posting law that regulates signage in the workplace. Employers should review their current policies to ensure that they are in compliance with state posting laws. Read on to find out what the posting requirements are in your state.
Alabama
A person or entity with authority over the premises where access of unauthorized persons and prohibited articles are limited during normal hours of operation by the “continuous posting of guards and the use of other security features that include, but are not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical parries” shall post a notice at public entrances of premises or buildings to alert persons entering that firearms are prohibited. Ala. Code §13A–11–61.2(c).
Alaska
Conspicuous notice of prohibition against firearms must be posted at each entrance to the restricted access area and affected parking area. Alaska Stat. §18.65.800(d).
Illinois
Private property owner must post a conspicuous sign banning guns. State mandates specific language and color for the sign. 430 Ill. Comp. Stat. §66/65(a-10).
Kansas
All private businesses must post signs adopted by the attorney general. Kan. Stat. Ann. §75-7c10.
Kentucky
If the employer’s building is open to public then signs banning weapons must be posted. Ky. Rev. Stat. Ann §237.110(17).
Minnesota
A private business must personally inform the individual that guns are not allowed or post a conspicuous sign at every entrance that indicates the identity of the operator and reads: BANS GUNS IN THESE PREMISES. Minn. Stat. §§ 624.714, subds 17-18.
Mississippi
The carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.” Miss. Code Ann. §45-9-101(13).
Missouri
If building is open to public, employer must post conspicuous sign that premises are off limits to guns. State mandates size and font. Mo. Ann. Stat. § 571.107(15).
Nebraska
If premises are open to public, employer must post conspicuous sign that guns are prohibited or personally inform the individual. Neb. Rev. Stat. § 69-2441(2).
New Mexico
New Mexico Administrative Code 10.9.2.27 provides that persons in possession of private property may prohibit the carrying of concealed handguns on such property by posting pursuant to NMSA 30-14-6 or by verbally notifying persons entering such property.
North Carolina
Private property owners may prohibit guns by posting conspicuous notice or giving notice to individual. N.C. Gen. Stat. Ann. § 14-415.11(c)(8).
Ohio
Not required but may post conspicuous sign prohibiting weapons which will subject individual to civil and/or criminal penalties. R.C. 2923.126.
Oklahoma
If private property is open to public, property owner must post signs stating prohibition of firearms. Okla. Stat. Ann. tit. 21, § 1290.22(C).
South Carolina
Employer must post signs stating “NO CONEALABLE WEAPONS ALLOWED” and other state requirements. S.C. Code Ann. § 23-31-235.
Tennessee
Private employers may otherwise prohibit persons from possessing weapons on their property provided the employer conspicuously posts specific signage in prominent locations, including all entrances to the property or building where possession of weapons is prohibited. Tenn. Code Ann. § 39-17-1359.
Texas
Private business can ban guns on premises by posting sign with state mandated language, size and color of sign. Tex. Penal Code § 30.06-§30.07.
Wisconsin
Owners or occupants of a non-residential building may prohibit persons from carrying a firearm, concealed or otherwise, in or on property by providing notice that persons may not enter or remain on the property with a firearm. Sign must be posted in a “prominent place” near all entrances to a building where individuals “can be reasonably expected to see the sign.” Wis. Stat. § 943.13 (1m),(2)(bm).
* To date, the following thirty-three states (33) and the District of Columbia do not have state laws that address a requirement to post notices if they ban guns at the workplace (although employers should be mindful of local ordinances within these states that may provide posting requirements): Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.
