Illinois Concealed Carry Act – What Every Small Business Needs to Know

Employers and businesses must understand the expanding nature of state law governing the presence of guns in the workplace. On July 9, 2013 Illinois joined the rest of the nation and allowed for concealed carry of firearms, with some restrictions. The Act allows a license holder to carry a loaded handgun, concealed or partially concealed, on his person or in his vehicle. In order to obtain a concealed carry license, the individual must be at least 21 years old and have a current Firearm Owner’s Identification card. The applicant may not have been found guilty of a felony or a misdemeanor involving physical force or violence or have two or more DUI violations in the preceding five years. The applicant must not be subject to an arrest warrant and cannot have been in a residential or court-ordered treatment program for drugs or alcohol in the last five years. Finally, all applicants must complete 16 hours of firearm training and education.

Exemptions

The concealed carry law has several areas that are exempt from the law, including schools, parks where the children play and private property if the owner so chooses. Business owners will have the right to prohibit the carrying of concealed firearms on his or her property by posting a sign indicating the firearms are prohibited. The Act empowers businesses to prohibit concealed firearms on the property under their control. Owners of the statutorily prohibited property and private owners who choose to prohibit must post signs “clearly and conspicuously” at the entrance of their property indicating that firearms are not allowed. The Department of Illinois State Police established a uniform sign design that is available for download on the Department’s website.

Policies for Employees and Visitors

Business owners should implement a firearms policy pertaining to employees and visitors. An employer that wishes to ban weapons from his or her place of business should immediately post the approved signage indicating that concealed weapons are not allowed on the premises. The Act, however, does not permit an employer from banning an individual from carrying or storing a weapon in his or her vehicle on the employer’s parking lot. Employers cannot prohibit guns in cars parked in your parking lots if they are properly stored. State law has created a safe harbor in parking areas even if you have prohibited firearms on the property. This means that a licensee may lock a firearm in his or her car in a locked case not in plain view of someone standing outside the car. Also, a licensee may carry an unloaded firearm to the trunk of the car for the purpose of storing or retrieving it.

Consequently, employers should review their policies and procedures to include a “no weapons” policy. If an employee who is a permit holder is arrested and convicted for carrying a weapon in a prohibited area, his or her employment status should be carefully evaluated. Gun incidents can result in liability to business owners.

Insurer and Other Entities

Business owners should begin by checking your insurer to be sure that your insurance policies will cover the types of gun-related risks that you may be subject to because of this Act. Additionally it is important to note that the Occupational Safety and Health Administration, OSHA, requires businesses to maintain a safe working environment. Employees injured by gun-related incidents will be eligible for workers’ compensation benefits. Moreover, non-employees may seek damages on the theory of negligence, if a perpetrator was known to have history of violence.

Syeda M. Madani, Esq. is an attorney with Amal Law Group, LLC. Email her at smadani@amallaw.com or visit their website at www. amallaw.com

DISCLAIMER: This article is written for informative and educational purposes only. This article is not legal advice and does not create an attorney-client relationship between the author and any reader.