c) The owner or operator of a private establishment may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.
MN 627.714

Does anyone know if this has been challenged yet in court?

Example
An employer has in a policy that guns are not allowed anywhere on the property to include parking lots/ramps. Employer is a CCW and brings his gun to work but leaves it locked in his car and then gets fired for doing so etc.

Except, of course, he doesn't. His position is eliminated as part of a reorganization; he's found to have taken a ten-minute break instead of a five-minute one; he's offered a transfer to Zimbabew, and declines, whatever.

GOCRA Policy Statement {Revised 6/08}

Employers and Parking Lots

Minnesota Statutes, Section 624.714, Subdivision 18 provides:

"(a) An employer, whether public or private, may establish
policies that restrict the carry or possession of firearms by
its employees while acting in the course and scope of
employment. Employment related civil sanctions may be
invoked for a violation."

Acting "in the course and scope of employment" is a legal phrase of art that the case law has well defined. It encompasses a very narrow range of activities. It means, in layman's terms "at work while working." Only if you have agreed to use your vehicle for your employer's job related transportation (and are paid mileage), does your car become a temporary workplace but, even then, only during the hours and for the purpose that you are "at work."

Otherwise, paragraph (a) doesn't apply at all. It doesn't cover, for example, commuting to work, parking while at work, non-work activities off the employer's premises, activities at home, activities on the weekend, or during an employee's off hours, etc. It doesn't cover your home, car, motorcycle, boat, firearms and other personal property. You can shop, recreate, and live free of your employer's control. Minnesota employees are not serfs.


"(c) notwithstanding paragraphs (a) and (b), an employer ...
may not prohibit the lawful carry or possession of firearms in
a parking facility or parking area."

"Nothwithstanding" means "regardless of, in spite of." Thus, an employee may store his or her firearm (and accessories) in their locked vehicle in an employer's parking lot in spite of any company policy [i.e., one established under paragraph (a)] to the contrary. An employer can not lawfully prohibit the possession of firearms in your car wherever it is parked. Since you can "carry" there, you may possess ammunition as well. Your car is your property. However, when the permit holder is not in the vicinity of the vehicle, any firearms should be properly secured.

An employer can take no action whatsoever against an employee who complies with subdivision 18 (c). They can't discipline or fire you. Employment sanctions are expressly authorized only for violations of paragraph (a). That express authorization prevents reading an implied authorization into another paragraph of the same statute. The "notwithstanding" language makes this clear. The legislative history of the MPPA repeatedly makes it clear that a purpose of this restriction on employer prohibitions is to allow the employee to fully exercise his or her authority under a carry permit on the way to and from work.

For the benefit of company lawyers, paragraph (c) says "firearms" not just "pistols". It covers all guns.

Mr. kimberman it sound like you are very well versed in the matter.

I would never, ever, let my employer search my car, my person, or my bags. Even if I had nothing to hide. Even under threat of termination for not consenting to a search. Under such a threat, I'd walk out on my own.

No flippin' way.

from the article listed above at

http://hennepin.timberlakepublishing.co ... mp;cat=147

Notwithstanding which interpretation is adopted, the act does not contain any language prohibiting employers from banning loaded firearms and ammunition at all times from their parking facilities.

GOCRA Policy Statement {Revised 6/08}
An employer can take no action whatsoever against an employee who complies with subdivision 18 (c). They can't discipline or fire you. Employment sanctions are expressly authorized only for violations of paragraph (a).