Institute for Legal, Legislative and Educational Action
Gov. Kevin Stitt signed House Bill 2597 into law last year as an amendment to the Self Defense Act. How does that change impact business owners?
HB 2597 generally removes the requirement that Oklahoma residents must obtain a permit in order to carry a firearm. Taking the inherent risk of having firearms on-site into account, business owners should review their firearms policy for their premises. The decision whether to allow firearms on a business premises remains in the business owner’s discretion with one key exception: parking lots and garages. Firearms stored in locked vehicles must be allowed in areas where employees and other members of the public normally park.
What are business owners required to do to restrict firearms on their premises and what recourse exists for handling incidents that violate the business’ policy?
A business desiring to restrict firearms on its premises must post signage visible to the public that indicates the restriction on firearms and the business owner can deny entrance to any person in violation of the restriction or ask that person to leave.
If the individual refuses to comply, it is best to contact law enforcement and let an officer handle the situation. Violations of the posted policy are considered a misdemeanor and are subject to possible fines and jail time.
Employees may want to bring firearms to work. What are the risks of allowing firearms in the workplace?
The possibility of accidental injury or death from a firearm in the workplace is a significant risk and must be weighed against any benefit of employees possessing firearms on work premises. Firearms can be mistakenly discharged through human error and employers may be found negligent if lack of training contributes to an accident.
Bullying, intimidation and workplace violence are also possibilities associated with allowing firearms at a place of business. More than one million workplace injuries related to shootings take place each year and homicide is one of the top five leading causes of terminal occupational injuries, according to the Bureau of Labor Statistics Census of Fatal Occupational Injuries.
Working closely with employees to better understand the workplace dynamic on a day-to-day basis can also help reduce violence. The U.S. Equal Employment Opportunity Commission reports that 75% of workplace harassment goes unreported and harassment tends to escalate before being resolved.
What steps can an employer take to reduce the liability of having armed employers in the workplace?
Employers who wish to allow the possession of firearms on work premises, or while employees are performing work duties, should establish and disseminate a written policy that discloses official rules for having firearms on-site and imposes and outlines training requirements for those possessing firearms.
The policy should also deal with the storage of firearms during the workday. Performing a security audit at the worksite with a trained expert is also advisable, and conducting training with supervisors to recognize bullying behaviors before they lead to further conflict in the workplace is also advisable. Proactive steps also include conducting active shooter drills and addressing employees’ concerns about constitutional carry issues, whether arising from co-workers or customers.
Paula Burkes has nearly 40 years' experience writing and editing award-winning material, including since early 2001 with the business desk of The Oklahoman. After earning a journalism degree from Oklahoma State University in 1981, Paula wrote for... Read more ›