MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary B

By: Representatives Staples, Massengill

House Bill 581

AN ACT TO CREATE THE MISSISSIPPI EMPLOYEE FIREARM PROTECTION ACT OF 2016; TO AMEND SECTION 45-9-55, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PUBLIC OR PRIVATE EMPLOYER FROM RESTRICTING AN EMPLOYEE'S POSSESSION OF A FIREARM IN THE EMPLOYEE'S PRIVATELY OWNED MOTOR VEHICLE WHILE PARKED IN A PUBLIC OR PRIVATE PARKING AREA; TO REQUIRE THE EMPLOYEE TO POSSESS A VALID CONCEALED CARRY PERMIT OR MISSISSIPPI HUNTING LICENSE; TO PROVIDE THAT THE FIREARM MUST BE KEPT IN THE EMPLOYEE'S MOTOR VEHICLE AND KEPT FROM ORDINARY OBSERVATION; TO AUTHORIZE AN EMPLOYER TO MAKE INQUIRY INTO WHETHER AN EMPLOYEE POSSESSES A FIREARM IN THEIR MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT AN EMPLOYER MAY NOT TAKE ADVERSE ACTION AGAINST AN EMPLOYEE IF THE EMPLOYEE HAS COMPLIED WITH THE REQUIREMENTS OF THIS SECTION; TO PROVIDE RECOVERY AGAINST THE EMPLOYER IF THE EMPLOYER HAS WRONGFULLY TAKEN ADVERSE ACTION AGAINST AN EMPLOYEE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  This Section shall be known and cited as the "Mississippi Employee Firearm Protection Act of 2016."

     SECTION 2.  Section 45-9-55, Mississippi Code of 1972, is amended as follows:

     45-9-55.  (1)  Except as otherwise provided in subsection (2) of this section, a public or private employer may * * *not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area restrict or prohibit its employees from carrying firearms while on the employer's property or while engaged in the duties of the person's employment.

     (2)  A public or private employer may  * * * prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property. not restrict or prohibit the transportation or storage of a lawfully possessed firearm or ammunition in an employee's privately owned motor vehicle while parked or operated in a public or private parking area if the employee satisfies all of the following:

          (a)  The employee either has a valid concealed weapon permit or meets the requirements of paragraph (b) of this subsection (2);

          (b)  If the weapon is any firearm legal for hunting in the State of Mississippi other than a pistol or handgun and the employee satisfies the following:

              (i)  The employee possesses a valid Mississippi hunting license;

              (ii)  The firearm is unloaded at all times on the property;

              (iii)  The firearm is possessed on the employer's property during a season in which hunting is permitted by Mississippi law or regulation;

              (iv)  The employee has never been convicted of any crime of violence as that term is defined in Section 97-3-2 or any crime set forth in Chapter 3, Title 97, Mississippi Code of 1972;             (v)  The employee is not subject to an emergency, temporary or final domestic abuse protection order;

              (vi)  The employee does not meet any of the factors set forth in Section 45-9-101(2) (c), (d), (e), (f), (h), (i), (j), (k) or (l); and

               (vii)  The employee has no documented prior workplace incidents involving the threat of physical injury or incidents which resulted in physical injury.

          (c)  The motor vehicle is operated or parked in a location where it is otherwise permitted to be; and

          (d)  The firearm is either:

              (i)  In a motor vehicle attended by the employee and kept from ordinary observation within the employee's motor vehicle; or

              (ii)  In a motor vehicle unattended by the employee, and is kept from ordinary observation and locked within a compartment, container or the interior of the motor vehicle, or in a compartment or container securely affixed to the motor vehicle.

     (3)  * * *This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business. (a)  If an employer believes that an employee presents a risk of harm to himself or herself or to others, the employer may inquire as to whether the employee possesses a firearm in their private motor vehicle.  If the employee does possess a firearm in their private motor vehicle on the property of the employer, the employer may make any inquiry necessary to establish that the employee is in compliance with subsection (2) of this section.

          (b)  If the employee is not in compliance with subsection (2) of this section, the employer may take adverse employment action against the employee, in the discretion of the employer.

          (c)  If the employee has been in compliance with subsection (2) of this section at all times, the employer may not take adverse employment action against the employee based solely on the presence of the firearm.

     (4)  If an employer discovers by other means that an employee is transporting or storing a firearm in their private motor vehicle, the employer may not take any adverse employment action against the employee based solely on the possession of that firearm if the employee has complied with the requirements in subsection (2) of this section.

     (5)  Nothing in this section shall prohibit an employer from reporting to law enforcement a complaint based upon information and the belief that there is credible evidence of any of the following:

          (a)  The employee's motor vehicle contains a firearm prohibited by state or federal law, stolen property or a prohibited or illegal item other than a firearm.

          (b)  A threat made by an employee to cause bodily harm to themselves or others.

     (6)  If law enforcement officers, pursuant to a valid search warrant or a valid warrantless search based upon probable cause, exigent circumstance or other lawful exception to the search warrant requirement, discover a firearm prohibited by state or federal law, stolen property or a prohibited or illegal item other than a firearm, the employer may take adverse employment action against the employee.

     (7)  If the employee has fully complied with the requirements of subsection (2) of this section and does not possess a firearm prohibited by state or federal law, that employee is entitled to recovery as specified in this subsection (7) for any adverse employment action against the employee.  If demand for the recovery provided has not been satisfied within forty-five (45) calendar days, the employee may file a civil action in the appropriate court against the public or private employer.  A plaintiff employee is entitled to seek an award of all of the following:

          (a)  Compensation, if applicable, for lost wages or benefits; and

          (b)  Compensation, if applicable, for other lost remuneration caused by the termination, demotion or other adverse action.

     ( * * *48)  This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.

     ( * * *59)  A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section, except as provided in subsection (7) of this section.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.