Firearms and Construction by Bart Cannon

Firearms and Construction

By: Bart Cannon
Alabama Construction News
April – June 2016

Alabama’s statute governing restrictions on firearms by employers (Ala. Code (1975) §13A-11-90) has been the topic of much discussion recently. While the statute’s nuances deserve a detailed analysis for a full understanding (which is not the purpose here), a general understanding of the law is important for employers and employees because the statute provides unique rights, responsibilities, and remedies for both.

The statute reserves significant control to employers as it relates to the “carrying” of firearms. Under 13A-11-90(a), an employer “may restrict or prohibit its employees, including those with a [concealed weapon permit issued] under 13A-11-75, from carrying firearms while on the employer’s property or while engaged in the duties of the person’s employment.” Employees have voiced concern with this portion of the statute, namely the not unusual scenario where the employee is required to leave the employer’s property to perform job duties outside the confines of the workplace in high crime areas or where the employee otherwise feels unsafe. Under the statute, the employer can prevent the employee from “carrying” a firearm in that situation, even if the employee has a concealed weapon permit. This could present real Constitutional issues relative to the right to keep and bear Arms guaranteed by the Second Amendment. However, that issue has not yet been raised and this portion of the statute currently favors employers.