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Alabama

Guns at work?

Alabama House panel considers bill to prohibit employers from banning legal firearms

By Dana Beyerle, Montgomery Bureau Chief
Published: Thursday, February 25, 2010 at 3:30 a.m.
Robert Sutton / Tuscaloosa News
An employee in downtown Tuscaloosa displays the 9mm pistol he keeps in the console of his truck. A House committee is holding public hearings on a bill that would stop private employers from prohibiting handguns in private locked vehicles in workplace parking lots.

MONTGOMERY | A House committee is considering a bill that would prohibit most private employers from telling employees they cannot keep a legal firearm in their locked vehicles while parked at work.

Major business groups opposed the bill by Rep. Craig Ford, D-Gadsden, during a hearing Wednesday before the House Commerce Committee.

“You must provide a safe workplace for employees,” said Business Council of Alabama lobbyist Anita Archie. “This limits our ability to provide a safe workplace.”

A lobbyist for the National Rifle Association said the government cannot violate the U.S. Constitution, and said it guarantees the right to possess firearms.

“The civil rights of private citizens cannot be obstructed or violated by the government in disregard of their safety of going to and from work,” said Michael Sullivan, a lobbyist for the NRA.

The bill would allow a citizen who has a pistol permit issued by the sheriff to keep that firearm in his or her vehicle while parked at work.

Many employers have policies prohibiting their workers from keeping firearms in their vehicles when on company property.

Nucor Steel has had such a policy at its Tuscaloosa mill since the company bought the plant in 2004, said Randy Skagen, vice president and general manager.

“First and foremost, we want to comply with the law,” he said. “But I don't think it would be a good idea to have a law allowing people to have guns at a work site.”

Skagen said he supports the Constitution's provision for a right to bear arms but feels companies have a reasonable right to ban weapons on their property.

Nucor has not had a problem with its policy, Skagen said. He said a few workers asked if they could keep a hunting rifle in their vehicle when they come to work, but the company advised them not to.

About once a year, Nucor allows guns to be brought to its plant but that's done by local law enforcement officers who bring confiscated weapons that are melted in the mill's furnaces to make new steel, he said.

Mike Reilly, president and CEO of Randall-Reilly Publishing, said his company does not have a formal policy banning employees from having a gun in their car when they come to work “but we probably should.”

“I don't think employees should ever bring firearms onto the property where they work, even in the parking lot. It is not safe. I think employers should have the right to tell the people who work for them not to bring guns to work or have them on the employers' property,” he said.

BFGoodrich, one of Tusca-loosa's larger private employers, bans guns at its Tuscaloosa plant.

“The safety of our employees is of the utmost importance, and we currently have a company policy for the safety of those who work at our BFGoodrich Tire Manufacturing facility in Tuscaloosa that prohibits guns on our site, including parking lots,” saidGreg Leikvold, plant manager. “All of our facilities comply with applicable local, state and federal laws.”

And at DCH Health System, only on-duty sworn law enforcement offers can have firearms on its premises, including parking facilities, said Bernie Grappe, corporate director of DCH's marketing and communication.

“In the event that an employee, patient, visitor or other person included under the policy has a firearm on premises, either on his person or in his vehicle, the weapon must be removed immediately,” he said. “We believe our current policy is appropriate and necessary to protect the welfare of our employees, patients and visitors.”

The recent fatal shooting at the University of Alabama in Huntsville figured in discussions at the public hearing in Montgomery.

A university professor, Amy Bishop, is charged with capital murder in the shooting deaths of three colleagues and the wounding of three others using a gun she brought inside the university.

“I can't believe you're even discussing this,” said Rep. Pebblin Warren, D-Tuskegee.

“The timing is very bad,” said Warren, a self-described “pistol packing Mama.”

While the bill says it would prohibit a public employer from establishing anti-gun possession policies, Sullivan said the bill does exclude universities and other public employers from the requirements. The bill does not define what is meant by “public.”

Also excluded are Alabama Power Co., co-generators of electricity, cooperatives, electricity transmission companies and business-owned vehicles.

Alabama Power Co. spokesman Michael Sznajderman said the utility asked to be excluded.

“We operate numerous power generators (and a nuclear power plant) and we have company policies that restrict our employees at facilities,” he said. He said weapons are also prohibited at “critical infrastructures” such as nuclear plants.

Many of the committee members own businesses and as employers said they don't like not being able to prohibit weapons on their private property, even in a private vehicle in a parking lot.

State Rep. A.J. McCampbell, D-Gallion, a former police officer who now owns an insurance agency, suggested a scenario involving an angry employee who may have a weapon in his or her vehicle that is readily accessible, as was the case at UAH.

McCampbell said having to retrieve a gun from home would at least give an employer a chance to call police.

“I would rather have them go get a gun at home and take it out on me rather than go out to their car,” McCampbell said.

Rep. Duwayne Bridges, R-Valley, said he believes his life was saved by a gun-toting employee when he was attacked and knifed in his business parking lot 30 years ago. He said the employee fired his gun in the air, scaring off the attackers.

The committee did not vote on the bill as is the custom after a public hearing, but will vote later, said Rep. Frank McDaniel, D-Albertville, committee chairman.

Staff writer Patrick Rupinski contributed to this report.

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