Do I have to allow my employee to bring his gun to work if he has a concealed carry permit?

A concealed carry permit does not automatically allow an individual to bring a gun into the workplace of a private employer in California. Therefore you may choose to have a policy banning weapons in your workplace, even for those with a concealed carry permit.

Many states have so-called “guns-at-work” laws that require employers to allow employees to leave guns in their locked vehicles in the employer’s parking lot. Those state laws typically require the gun to be locked in the trunk or glove compartment of the vehicle, or otherwise placed out of plain sight.

California, however, does not have such a law, so employers in California may ban guns even in employees’ vehicles parked in the employer’s lot.

Privacy Issues

If an employer chooses to have a policy banning weapons in the workplace, it is important to also have a policy with regard to searches of employer property. Such a policy might allow for searches of desks and other furniture, lockers and employer vehicles.

Unfortunately, California’s constitutional right to privacy may limit an employer’s ability to search an employee’s personal property in the workplace—such as purses, backpacks and briefcases—without employee consent. The same privacy restrictions apply to an employee’s personal vehicle, even when on employer property.

Reasonable Suspicion

However, an employer’s reasonable suspicion of a gun in an employee’s bag or vehicle might be enough to outweigh the employee’s right to privacy.

Employers who wish to conduct such searches of employees’ personal property should consult legal counsel.