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A New Law for Arizona Employers: The "Parking Lot Law"




by:
Craig J. O'Loughlin
David T. Barton
Quarles & Brady LLP - Phoenix Office

 
August 7, 2009

Previously published on July 2009

Arizona employers should be aware that on September 30, 2009, a new Arizona law goes into effect that allows employees and visitors to keep a firearm locked inside their vehicle when parked on the private property owned by an employer, even if the employer prohibits weapons on its premises. Governor Jan Brewer recently signed what is being called the “Parking Lot Law,” which overturns the prior right of Arizona employers to prohibit employees and visitors from bringing a firearm on to any part of an employer's private property.

The new law, which will be found at A.R.S. §12-781, applies not only to public and private employers but to all businesses, property owners and tenants. Under the law, these covered entities may not prohibit any person from lawfully carrying or possessing a firearm on private property, so long as the firearm is kept in a locked vehicle and not visible from the outside. The new law does not apply, however, in the following instances:

  • When firearm possession is otherwise prohibited by state or federal law.
  • When the vehicle is leased or owned by an employer, business or property owner.
  • When a property owner provides a parking lot that is secured by a physical barrier, using security measures for access, and makes available separate storage for firearms that is easily accessible when entering or exiting the premises.
  • When a property owner provides alternative parking near the primary parking area for those who keep a firearm in their vehicles.
  • When the parking area is for a single-family detached residence.
  • When the property is located on the premises of a military installation or a nuclear power plant.

The full text of the new law can be seen at: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/sb1168h.htm



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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