Understanding Firearm Laws for NJ Business Owners and Employees
Carrying at a Business in New Jersey: The Rights of Employers vs. Employees
New Jersey allows residential and business owners to carry a legal firearm on their premises. The exemption for business owners means that they do not have to get a carry permit to carry their weapons at their business. The exemption applies only to your own business. When you are a patron of a business or an employee, you do not have the same rights to carry on the premises as the owner. If you own a business, you have the right to ban guns on your property in New Jersey.
Firearm Restrictions for Employees in NJ Workplaces
Rule #1: Make Sure You Don’t Work at a Sensitive Place
New Jersey’s restrictive gun laws prevent gun owners from carrying firearms at certain places deemed “sensitive.” Examples include government buildings, daycare centers, and other people’s residences when they openly object, among many others. As an employee, you may not bring guns to a business that is a “sensitive” place under the law. So, if you work at an amusement park, you probably are not allowed to bring your gun to work. The same applies to any place of employment where it is prohibited to carry a gun, even a permitted one. While employers may carry at their own business, employees may not when the premises qualify as a sensitive place under the law.
There is a major distinction between owners and workers at sensitive places when it comes to having firearms in their possession. For instance, a medical facility is a sensitive place. This means that the owner of a medical clinic, doctor’s office, or similar facility may choose to carry a gun for protection against those looking to steal drugs or other supplies. Conversely, nurses, administrators, lab technicians, or other employees at the medical facility may not.
Rule #2: Make Sure Your Employer Doesn’t Ban Guns in the Workplace
Even places not prohibited by the sensitive places ban may still be off limits for gun carrying when the business owner makes it clear that they do not permit firearms on their premises. If your workplace bans firearms on the premises, then you cannot bring your gun with you to work. Businesses with signs banning guns on the premises warn their patrons that guns are not allowed on the property, even with a carry permit. Such a prohibition applies to employees also.
If the Business Doesn’t Prohibit Firearms, Can Employees Bring their Gun to Work in NJ?
New Jersey law permits legal carrying on private property when the property owner does not expressly ban firearms on the premises. Public places are also open to carrying a weapon, so long as they are not sensitive places. When a privately owned business does not want guns on its property, it must post a sign to make that fact known to patrons and employees. Keep in mind, if you intend to carry a gun to your workplace, you must have a concealed carry permit unless you are the owner of the business. Otherwise, you need a carry permit.
Can I Keep my Gun in my Vehicle in the Parking Lot at my Job in New Jersey?
When you are not allowed to carry a gun at a certain location, you also may not carry it in the parking lot of the premises. Unless you qualify under an exemption or are carrying in your vehicle, you cannot carry (even with a carry permit) in a parking lot to a sensitive place. However, you may carry a permitted firearm to the parking lot while in your vehicle and then carry it outside the vehicle to bring it to your trunk or to a fastened case or gun box, unloaded, in the car. You can also temporarily transport a gun in your vehicle if you store it legally and are immediately leaving the parking lot of the prohibited place to go to a non-prohibited area.
Stay Updated on the Laws Surrounding Guns at NJ Businesses to Avoid Legal Trouble
Before the Supreme Court ruling in New York State Pistol & Rifle Association vs. Bruen, New Jersey’s carry permits were difficult to get. Law enforcement required a showing of “justifiable need” before issuing a permit. After Bruen, New Jersey had to remove the justifiable need criterion but added the “sensitive” places in legislation that followed the ruling. Since then, challengers to New Jersey’s recent gun legislation have made their way through the courts and continue to make their way to the New Jersey Supreme Court to clarify and change New Jersey’s restrictions on where people can carry guns. As such, the laws are changing often, and gun owners must be careful that they are abiding by the most recent changes. Otherwise, they risk breaking the law and facing serious gun charges, many of which carry mandatory sentencing requirements under the Graves Act.
Many legal challenges and changes are complex and require legal expertise to explain what is and is not legal and where to carry a firearm. Different rules apply to different locations, such as your or your employer’s business. Getting advice from a gun attorney on our experienced legal team is beneficial to anyone who wants to be a responsible, law-abiding gun owner and is crucial to keeping you out of prison.
Let our New Jersey Legal Team Help with Business-Related Gun Charges and Issues with Firearms in the Workplace
Should you face gun charges for carrying a gun into a business or in close proximity to an establishment where the firearm is strictly prohibited, you will need the help of an experienced gun lawyer to protect your rights and defend you against the state. Carrying a gun where you are prohibited from doing so can result in a lengthy prison sentence in New Jersey, so you want to ensure that your attorney is knowledgeable about the latest changes in gun laws and keeps you informed of the ongoing changes. Fortunately, our accomplished New Jersey weapons lawyers handle these issues day-in and day-out and we are committed to fighting for you. Since our job is to ensure the prosecution is not violating your rights or prosecuting a case unfairly or unwisely, you can feel confident that an experienced gun attorney at The Tormey Law Firm will defend you with all the tools, skills, and methods available.
Call (201)-614-2474 or send us a request for a free consultation to discuss your business-related gun charges. Our lawyers can assist you no matter where in New Jersey you were arrested for having a firearm at the workplace, including in Monmouth County, Bergen County, Middlesex County, Hudson County, Union County, Essex County, or any other county in the state.