No Weapons Allowed? Says Who?
Almost two years ago now, I moved from my home state of Georgia to neighboring North Carolina for my job at ETHIX360. I often make trips back home, whether to see my friends in Atlanta, my college town in Athens, or my family in Augusta.
The last time I went home was last month for Easter. Around 20 of my aunts, uncles, cousins, and grandparents had gathered to spend the holiday together. I was asked about my job, how I liked North Carolina, and my plans for the future – the usual stuff that older relatives always want to know. In turn, I listened to stories of the past and discussions about the state of the world.
I’m not very well-versed in politics myself, but one topic of conversation really stuck with me. Brian Kemp, the governor of Georgia, has passed a law called constitutional carry – allowing people to carry a handgun in public, open or concealed, without a state permit.
This came to my mind when trying to find an idea for our next blog post. My thoughts wandered to the business owners we serve, who might be uncomfortable with the idea of permitless carry in their stores. What is the best way for them to proceed, and how can we help?
Employers need to know they have the power to enforce whether they will or will not allow firearms on their property, but proper enforcement requires clear policies, effective training, and attentive case management.
GUN LAWS VS. GUN POLICIES
If you, as a business owner, decided you did not want to allow firearms on your property, how would you make that known to the public?
Probably a “NO WEAPONS ALLOWED” sign, right? Turns out, that’s not as effective as you might think.
Signs banning firearms from businesses are not enforced by law in 31 states. That means that a customer can enter the building with a gun and it is not inherently illegal, even though there is posted signage. However, if you ask the customer to leave and they refuse, it can become trespassing or a misdemeanor.
The specifics of these laws vary from state to state. In Texas, signs are enforced if they follow specific guidelines. In states like Utah, “NO WEAPONS ALLOWED” signs have no force of law unless posted in areas mentioned by the law as being off limits, such as places of worship. In some states, these signs are not mentioned in the law at all, so it is assumed they are unenforced.
Here’s an example of why this is important. Let’s say a customer enters your store with a gun on their hip, even though there are clearly marked signs stating that firearms are not allowed. In states where signs have force of law, what they did is immediately illegal and you can take action to involve law enforcement. If the signs have no force of law, you must ask the customer to leave and there is no case for law enforcement involvement unless they refuse.
In the first case, the situation is ruled by state gun laws. In the second, the situation is ruled by your company’s gun policies. Law enforcement is well versed in the law, and they know what to do when the rules are broken. Your employees, however, may not know how to enforce your gun policies if they are not clear and easy to understand. This is important because it may be up to them to confront policy breakers and decide when it is appropriate to call law enforcement. The best way to educate them, of course, is through employee training.
TRAINING FOR ENFORCEMENT
The first few days of a new job almost always include reviewing company policies and completing mandatory training about those policies. If your company has a policy prohibiting weapons, this is when employees should be informed.
The Society for Human Resources Management (SHRM) has a great example policy that may suit your needs, stating that the possession or use of dangerous weapons on company property is not allowed for workers and customers alike.
After presenting this policy to a worker, the training that follows may include situational examples where the employee must determine what the correct course of action would be if they see a coworker or visitor in possession of a firearm.
We all know that boring employee training often leads to disinterest as an employee, which may impede the effectiveness of the content. To prevent this, explore your options for creative training content, including VR modules or green-screen technology to customize the content for your company.
Educated employees are then prepared to handle customers or workers in wrongful possession of a firearm. Based on your company policies, that may mean simply asking a customer or coworker to leave and only come back once they have properly stowed their firearm in their vehicle, calling in a manager to handle the situation, or accessing the company’s case management software to report the incident.
BE PREPARED FOR REPORTS
Gun laws are highly controversial, and it follows that company gun policies might be as well. If your company has a case management system, you must decide if it is appropriate for the reporting process to be accessible by employees, customers, or both.
If the business location in question does not have customers that enter the property, such as a corporate office, an internal reporting software may be all that is necessary. For example, a worker may see that a coworker has been carrying a gun into work, which is against company policy. The reporter may file an anonymous complaint to be handled by management instead of confronting the coworker in possession themselves. From there, it is up to your company to customize who handles the report’s investigation and what kind of resolution is appropriate for the situation.
For a front-facing business, such as a retail storefront, a similar situation may occur as in the example before, a worker reporting a coworker, but customers may get involved if the reporting software is advertised to them as well. For example, a customer may report another customer who is carrying a gun in the store, or they may report an employee for (rightfully or not) asking them to leave.
Dealing with varying reports can be complex, but your case management system shouldn’t be. A streamlined reporting, investigating, and analyzing process will help your company to identify if your current policies and training are effective or if they need to be modified. In the case of prohibiting firearms, you may find you need to present signage more clearly or re-train certain employees on how to handle tense situations.
FIND WHAT’S RIGHT FOR YOUR BUSINESS
Whether you have a case management system or not, policies and training are absolutely necessary if you are looking to prevent firearm possession on your property. If you are a small company, simple policies and education modules may be enough. If you are a large business, however, you may need to do some research to find out what the laws are for each state or country you are located in. The U.S. Concealed Carry Association’s website has a simple interactive map of the United States for you to explore, providing information on the concealed carry laws in each state.
Once you’ve taken local laws into consideration, you can begin the sometimes complex task of determining what policies, training, and reporting processes are right for your business. Here at ETHIX360, we pride ourselves on being an excellent resource for all these areas. Reach out any time to discuss what solutions are right for you!
The ETHIX360 blog brings you weekly updates on all things human resources and compliance.
MEET THE AUTHOR
Katie Shivers is the Director of Marketing for ETHIX360. She is responsible for content creation and engagement for all the communities we serve on numerous social media platforms, as well as managing all forms of client communication.
ABOUT ETHIX360
At ETHIX360, our goal is simple: to provide an affordable, flexible, and comprehensive answer to employee communication, policy management, corporate training and case management on issues related to corporate ethics, code of conduct, fraud, bribery, and workplace violence.
