Reaction to SB 199 by some Ohio businesses shows legislators didn't go far enough

As of March 21, Ohio law says that "a business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition" so long as the firearm/s and ammunition remain in the vehicle with the person, or "locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle" when they are absent, and so long as "the vehicle is in a location where it is otherwise permitted to be."

But prior to and immediately following the implementation of Senate Bill 199, we began hearing from workers whose employers were implementing harsh rules clearly intended to get as close to the line of enforcing or prohibiting a CHL-holder from keeping a gun in their vehicle as possible without going over.

What lengths a company can go to and not "establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition?"

• Can they require you to furnish a copy of your CHL in advance?
• Can they require you to furnish a copy of your CHL monthly?
• Can they require you to sign additional paperwork?
• Can they create a database of gun owners? (The Toledo Area Regional Transit Authority (TARTA) is particularly worrisome because they are creating a database of gun owners, which is public record. We have fought for many years to prevent lists of gun owners and we will continue to fight this wrong.)
• Can they make your information available to the media?
• Can they treat you different than other employees?
• Can they brand you with a scarlet letter?
• How much can they discriminate against and harass you and still be in compliance with the law?

The answer to all these questions is, "The law doesn't say."

This reaction from some Ohio businesses regarding their firearms policy highlights why Buckeye Firearms Association has pursued the "protected class" route for many years to solve the problem of employer-enforced gun bans. Had the Senate [House State Government Committee]-passed language become law, instead of the version amended into the bill and passed by the House just before midnight on the final day of session, we would not be seeing the problems we are now facing.

Employees are cautioned that they are their own recourse when companies fail to abide by the law. They will have to sue their employer (or potentially former employer) and win to protect their job. Under the "protected class" route, on the other hand, they would have been able to involve the state as an arbitrator with muscle to settle the dispute.

It will require a fix to current law or litigation (or both) to resolve this issue. This is a contentious issue with these employers yelling about their "private property rights," even as they clearly infringe on the private property rights of their employees. But they are currently getting away with it because they have more money, and because they have the Ohio Chamber of Commerce and the Ohio Municipal League fighting with them.

Employees are urged to exercise extreme caution until there is clarification. Unless someone has extra time and money, they don't want to be the test case.

Buckeye Firearms Association is actively working with legislators to try to resolve the many issues this new law has created. We have also instructed our attorneys to explore options for legal action against entities that refuse to follow the clear intent of the law. We strongly urge employees who feel they are being treated unfairly to contact their State Representative, and to contact us (click here, and select "News" under Category) for instructions on where to send a copy of the unacceptable policy.

Chad D. Baus is the Buckeye Firearms Association Secretary, BFA PAC Vice Chairman, and an NRA-certified firearms instructor. He is the editor of BuckeyeFirearms.org, which received the Outdoor Writers of Ohio 2013 Supporting Member Award for Best Website.

Jim Irvine is Board President of Buckeye Firearms Association. He is also Chairman of the Buckeye Firearms Association Political Action Committee (BFA-PAC), and recipient of the NRA-ILA's 2011 "Jay M. Littlefield Volunteer of the Year Award," the CCRKBA's 2012 "Gun Rights Defender of the Year Award," and the SAF's 2015 "Defender of Freedom Award."

[Editor's Note: This article originally, and erroneously, referred to the "protected class" language as having been passed by the Ohio Senate. We regret the error.]

Additional Information:

Concealed-carry legislation problems spotlight flaws in system