On September 1st, 2022, the New York Concealed Carry Improvement Act (CCIA) was signed into law by Governor Hochul and modifies the requirements for obtaining a concealed carry permit and prohibits the possession of firearms in areas deemed “sensitive” or “restricted.”
Here is what businesses should know.
Under the CCIA, it is illegal to conceal carry on any private property or business unless there is a physical sign posted expressing consent to carry. Signage should be displayed in a “clear, conspicuous” place to give consent to those looking to carry on the property. If signage is not posted, consent to carry must be given verbally by the owner or lessee.
The State does not provide a sample sign for employers who opt-in on concealed carry on their property. Therefore, employers must use their own signage to communicate concealed carry consent on their property.
The CCIA also impacts transporting guns in a vehicle. If you leave your gun unattended in a vehicle, it must be unloaded and locked in a fire-, impact-, and tamper-resistant storage depository that is hidden from view. Glove compartments and glove boxes are not appropriate safe storage depositories.
The CCIA explicitly outlines certain areas where concealed carry is strictly prohibited. In the law, these are labeled as "sensitive locations", which include the following:
For employers that operate within or as a "sensitive location", it's essential to communicate to employees that the area is a gun-free zone. Because these sensitive areas are explicitly protected under the CCIA, signage is not required.
Yes, concealed carry can be legal in New York for individuals who have the appropriate New York concealed carry license and comply with the state's restrictions. New York law also prohibits carrying firearms in certain sensitive and restricted locations, so having a license does not mean an individual can carry everywhere.
Whether an employee can carry a concealed firearm at work depends on the location, the applicable New York restrictions, and whether the private property owner or employer has permitted firearms. New York law generally restricts possession of firearms on private property when the owner or lessee has not given the required permission through qualifying signage or express consent. Employers should establish clear workplace policies addressing firearms rather than assuming that an employee's concealed carry license automatically permits firearms in the workplace.
A person with a valid New York concealed carry license may carry a concealed handgun only where state law permits it and subject to restrictions on sensitive and restricted locations. Certain locations, including specified government facilities, schools, healthcare facilities, and other locations identified under New York law, are subject to additional restrictions. Private property can also be restricted by the owner or lessee.
No, a concealed carry license does not give an employee unrestricted permission to bring a firearm onto private property. Employers should clearly communicate whether firearms are permitted on company property and make sure workplace policies are consistent with applicable New York law.
New York has specific requirements governing firearms left unattended in vehicles, including requirements concerning unloading and secure storage. Employers should not assume that an employee's ability to lawfully possess a firearm means it can be stored anywhere on company property.
A workplace weapons policy should clearly explain whether firearms and other weapons are permitted on company property, how the policy applies to employees and visitors, what areas are restricted, how violations are handled, and how employees should report safety concerns. Employers should have the policy reviewed for compliance with applicable New York and local requirements.
Clear communication with employees on this topic is critical, and employers should be prepared to explain their rules to employees when asked. Employers should be in contact with a New York HR Consultant to determine how this law may affect their workplace, and to make any necessary workplace policy updates. Additionally, it may be wise to reach out to a New York labor law professional for employee handbook services to ensure concealed carry policies for your workplace accurately reflect the requirements in the CCIA.
Having a team of New York HR and Payroll experts on your team allows you to move forward with confidence, knowing that we’re doing right by your employees, doing right by you, and it’s all being done in accordance with all the latest rules, regulations, and laws. Human resources are a vital aspect of any organization, and we know that HR personnel can become overwhelmed by laws and regulations as they work to establish HR and Safety policies and procedures. Our team at EBC is dedicated to offering HR compliance solutions for your organization’s human resources challenges. Our philosophy is to provide a comprehensive, wide range of services to all our clients. Contact us today if your company needs help navigating NY concealed carry laws for the workplace.