"Parking Lot Law" is signed by Governor Brewer.
In another major victory for Arizona gun owners and Arizona Concealed Weapons permit holders, Governor Brewer signed into law the so called “Parking Lot Law”. The new law permits gun owners to keep a firearm locked inside their vehicle even if the vehicle is parked on private property owned by a business that prohibits weapons on their premises. This new law takes effect on September 30, 2009.
Prior to the passage of this law, businesses could prohibit employees or visitor from bringing a firearm on to their private property. This effectively kept gun owners from exercising their Second Amendment right to carry a firearm for personal defense. Someone leaving their home to go to work could not bring a firearm with them for the purpose of self defense or defense of their family members during their trip to and from work or when traveling to any destination they might visit during their travels between home and work.
The substance of the new law can be outlined as follows:
- Property owners may not establish, maintain or enforce a policy or rule that prohibits a person from lawfully transporting or storing a firearm that is in a privately owned, locked vehicle as long as the firearm is not visible from the outside of the vehicle.
The new law does not apply if:
- Applicable State or Federal laws prohibit firearm possession.
- A vehicle is owned or leased by a public or private employer and used by an employee.
- A property owner provides a parking lot or garage that is secured by a fence or other physical barrier, has limited access using a security guard or other security measure and provides secure temporary storage for firearms that is readily accessible on entry and exit from the premises.
- Exceptional circumstances exist such as the need for the business to comply with State or Federal law prohibiting firearms on the premises.
- If the business is located on the premises of a military installation or a nuclear power plant.
- If the business provides an alternative parking area near the primary parking area for those wishing to transport a firearm in their vehicles.
This law makes great progress towards helping to insure that gun owners and Arizona CCW permit holders can exercise their right to defend themselves while traveling to and from work. All of the provisions of the new law make sense to me except the last one. If a property owner or business creates a separate parking area for ‘the gun people’, it is my opinion that this makes any vehicle parked in that lot a target for being broken into by anyone that might suspect there is a firearm in the vehicle.
Even with the flawed last provision, this is a major step forward for lawful gun owners in Arizona.
“A property owner provides a parking lot or garage that is secured by a fence or other physical barrier, has limited access using a security guard or other security measure or if they provide secure temporary storage for firearms that is readily accessible on entry and exit from the premises.”
So I wonder if this would include a drop gate ( a wooden drop-down gate) that prevents cars from entering, though allows anyone on foot to walk in/through the garage or parking lot.
I read the final version of SB 1168. Please help to clarify the “exception” regarding the property owner/business whose parking lot access is restricted.
It appears to me that all 3 (a,b,c) of the conditions must be met, not just a single security measure. Of particular note: if the parking lot is secure and under surveillance, the owner must provide firearm storage for the employee or visitor, so that he might readily access his weapon on departure from the premises.
If only a single security measure is in place, the law has no benefit to the employee; his right to access to his weapons(s) to and from his workplace is then thwarted.
OK I read the law and I am shocked. Are we in city that has a high morality rate for people getting into their car in the parking lot from being car jacked at gun point? Do we have such a high crime rate and several people are being shot at their doctor appointment due to gangs?
This law is ridiculous now the people that were upset that they had to leave their guns at home while going to the grocery store won and now Governor Brewer signed it into law, people like me who do not condone in violence and now I have to worry if a drunk person in a bar or leaving a bar is going to pull out a gun.
So even though a company wants to provide a safe and comfortable work environment for their employees they cant unless they get a security guard, parking garage or attack dogs. Otherwise Mad Max will pull his gun out and blast someone away. I expected this from Texas not Arizona
I am all for people being able to protect themselves but as I am a HR Manager and I have had employees make threats to other employees and all I would need is someone to go to their car and get their gun and settle the fight. It happens all over the US and now we are giving them the green light
Due to the economy and the high rates of unemployment parking lot theft are on the rise.
If business who provide designated parking for those who carry handguns for self defense in their vehicles. It is going to be open season for crooks who figure it out.
Just what everyone needs in this country is more guns in the hands of criminals.
I know of one privately owned business that has physically marked parking spaces that state “firearms parking”. They even painted the stripes blue.
Your reading and interpretation of the actual text of the bill could be quite correct. It would make sense that all of the requirements of section three must be met by the property owner. However, I’m sure that this is something that could be argued by an attorney since the law does not explicitly state that all three must be met. Kind of makes you wish they’d be a little more precise in their language, doesn’t it.
Bob,
I agree with you. The only way this can work is if employers do not create separate ‘firearms only’ parking area.
Doug