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Posted: 8/2/2017 9:09:15 AM EDT
Since Act 1071 went into effect a guy from work thinks our employer could get out of it based on this.  I have always thought of a "place" as the physical building such as a business and not a parking lot.  Discuss.   They are good with it for now by the way. 


Arkansas 5-73-306

 
(19) (A)Any place at the discretion of the person or entity exercising control over the
physical location of the place by placing at each entrance to the place a written
notice clearly readable at a distance of not less than ten feet (10') that
"carrying a handgun is prohibited".

Link Posted: 8/2/2017 9:27:11 AM EDT
[#1]
Since the "place" has an "entrance", place would have to mean some form of improved property. A parking lot has an entrance and is a place by even the most liberal definition. I am a knuckle draggin', mouth breathin' truck driver so take that into consideration when evaluating my opinion.
Link Posted: 8/2/2017 9:45:17 AM EDT
[#2]
So we could potentially have a problem based on this?

From Act 1071

(c) An employer has the right to:      (1) Prohibit a person who is not an employee from storing a  handgun in the employee’s motor vehicle in the private employer’s parking  lot; and      (2) Prohibit a licensee’s entry onto the private employer’s place of business or in the parking lot because the person's private motor vehicle contains a handgun in the following circumstances: (A) The parking lot is a prohibited place specifically listed in § 5-73-306;
Link Posted: 8/2/2017 6:53:11 PM EDT
[#3]
Elsewhere in the statute the term "premises" is used.   I would assume premises is a building while "place" could have several meanings.    Also can a building/premises have a roadway entrance?    Think about that.

The key here is with this legislation they thought to include a "Legislative Intent" with the Act.    That in itself should help clear up any confusion.

SECTION 1. DO NOT CODIFY. Legislative intent.
It is the intent of this act to reinforce and protect the right of each
citizen to lawfully transport and store a handgun within his or her private
motor vehicle for lawful purposes in any place where the private motor
vehicle is otherwise permitted to be located.
View Quote
However even with all that this Act is still highly restrictive and only applies to CHCL holders.    And look at the storage requirements.


They do include some civil actions for the licensee's:

16-118-113. Civil actions regarding violations of § 5-73-324.
An employer or employee who knowingly violates § 5-73-324 is liable to
the prevailing party in an action brought under this section and, upon
proving the prevailing party's case by clear and convincing evidence, is
entitled to one (1) or more of the following remedies:
(1) Equitable relief;
(2) Compensatory damages; and
(3) Costs and fees, including reasonable attorneys’ fees.
View Quote
Link Posted: 8/3/2017 5:39:48 AM EDT
[#4]
Reading is fundamental.  I read through it again and apparently I totally missed the end of section 2.  It specially says it doesn't apply if it is an employer parking lot.   This thread is done
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