Employers have solidly opposed letting their workers keep guns in their cars while at work. But legislation known as “guns in trunks” has gotten a boost from the state Attorney General, who says it would probably stand up in court.

Senator Mike Faulk, a Republican from Hawkins County, says his proposal to let employees bring their guns to work – at least as far as the parking lot – has been defined as pitting gun rights against property rights. So he was encouraged by the state attorney general’s opinion, and says the question should be simply about workplace safety.

“The fact that the attorney general believes it to be defensible, certainly puts it in that category of many, many other employer-employee relations bills that provides a degree of employee protection.”

When the bill comes up in committee this week, Faulk says he has two amendments. One would limit the law to gun carry permit holders instead of anyone who owns a gun. The other would exempt nuclear facilities.

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Faulk calls his bill, SB 3002 Faulk/HB / HB 3560 Bass, the ‘Employee Safe Commute Bill.’

“The tension that’s involved with the Employee Safe Commute Bill is often defined as the right to bear arms and defend oneself versus property rights. That attorney general’s opinion says the Employee Safe Commute Bill would be defensible, by the attorney general’s office, in the event it’s challenged on constitutional grounds.”

The attorney general’s opinion quotes from a couple of federal circuit court opinions handed down on similar – not identical – bills.

The federal ruling on a case from Florida (Florida Retail Federation, Inc. v. Att’y Gen. of Florida) reads in part:

…The plaintiffs suggest that a gun in a parking lot will invariably increase the risk of an unlawful or accidental shooting with no offsetting benefit, because, they say, the gun will be available to an irate worker who may use it improperly but will never be available to an honest worker in time to be used defensively to successfully avert a crime. The defendants, in contrast, say a gun in the parking lot will have great benefit in averting crime and will never lead to the guns improper use.
Common sense and human experience suggest the truth lies between these extremes……

The AG’s opinion, No. 12-40, is posted on the state attorney general’s website.