CHARLESTON — State business leaders are disappointed that Gov. Jim Justice signed HB 4187 — nicknamed the parking lot gun bill — into law over their objections about safety and private property rights. They had called on Justice to veto the bill.
Justice signed the bill on March 21, the same day it reached his office, though notice of the signature wasn’t posted until early this week.
West Virginia Manufacturers Association President Rebecca McPhail commented in an email exchange, “Needless to say, our members had hoped the governor would veto the bill. While the WVMA and its members support the Second Amendment, we believe that there must be a balance between Second Amendment and private property rights.
“This is especially true with regard to an employer’s ability to [enact] operational policies for the safety and security of our facilities and the communities in which they are located,” she said.
HB 4187, officially called the Business Liability and Protection Act, says no private or public sector employer may prevent an employee, customer or invitee from keeping a firearm properly locked out of sight inside their vehicle from parking in their parking lot.
The property owner may not ask the driver if there is a gun in the vehicle and may not search the vehicle. An employer may not condition employment upon gun ownership or intention to keep a gun locked in the employee’s car.
The bill exempts vehicles owned or leased by the employer for the employee’s use.
State Chamber of Commerce President Steve Roberts said the chamber and many others had written to Justice describing their concerns.
But Justice signed it the day it was presented to him, Roberts said, so they’re concerned he didn’t fully appreciate how far it goes compared to similar legislation in other states. They’d hoped he’d take more time to review it.
“In that regard we’re disappointed.”
As written, he said, the bill is a mistake. “We continue to hear from employers, they’re telling us they’re just shaking their heads.”
As previously reported, some employers who oppose the bill compiled a comparison of other state laws. Alabama, for instance, allows employers to forbid weapons inside secured, restricted access areas and certain other areas.
Arizona exempts fenced, guarded lots with secure weapon storage.
Georgia exempts parking lots contiguous to facilities providing natural gas transmission and liquid petroleum transmission, and Texas exempts property owned or leased by a chemical manufacturer or oil and gas refiner.
Here, in the House, Judiciary chair John Shott, R-Mercer, offered an amendment along these lines that was rejected.
Opponents had also hoped to add an amendment to allow churches to make their own rules for their parking lots. The House overwhelmingly rejected an amendment to that effect offered by Delegate Mike Pushkin, D-Kanawha, in a 14-84 vote.
Asked if they are considering offering legislation next session to add exemptions to the law, McPhail and Roberts both said it’s too soon to say.
McPhail said, “Moving forward we will continue to work with our membership to evaluate how similar laws have been implemented in other states, so that we can comply with the law but still provide the safest possible environment for our workers. It is too soon to say if that could include revisiting the legislation next session.”
Roberts said, “We’re still thinking about what can be done to make West Virginia as business friendly as possible. … We think this bill is a step in the wrong direction.”
They can’t predict if the measure by itself will cause businesses not to invest in the state. “We know the employers are very aware. We don’t think it helps with job creation and econ development.”
There’s no question the business community would like to have it changed, Roberts said, but they know the legislative will to do it isn’t there yet. An information campaign is needed.
Companies need the ability to determine what should happen around their own business,” he said.
