Explore The NRA Universe Of Websites

APPEARS IN News Gun Laws

The Letter of the Law: Parking Lot Storage Statutes

Friday, March 10, 2017

The Letter of the Law:  Parking Lot Storage Statutes

You can take your kids to work. You can take your pets to work. But you can’t always take your gun to work. 

Kentucky law – like similar laws in other states – grants protection against disciplinary action for employees who store a firearm in a private vehicle on their employer’s property, if the employee’s possession of the gun is otherwise legal. 

Bruce Holly, who had a valid Kentucky concealed carry license, kept his handgun in his car’s center console while at work. The employee handbook issued by his employer, UPS Supply Chain Solutions, Inc. (UPS SCS), stated the employer’s policy was to “prohibit the possession and/or use of weapons by any employee on UPS property.”

When Holly’s car broke down at work, his supervisor agreed he could take it to a repair shop, and authorized another employee to go with him so he would have a ride back. Before he left, Holly asked M., a coworker, if M. would keep the gun in his car. The switch took no more than five minutes, and Holly replaced the gun in his own car in the employee parking lot later that day. No one else had had access to the gun. Holly claimed that the same day, his supervisor told him he should remove the gun “ASAP from the property.”

Holly continued to safely store his gun in his vehicle while at work. Two months later, he was fired, after the employer’s security staff found out about his gun. Holly alleged his termination was illegal as violating Kentucky law, Ky. Rev. Stat. §§ 527.020 and § 237.106, and the state’s common law on wrongful termination. 

Ky. Rev. Stat. § 527.020(8), on carrying concealed weapon crimes, provides that a person not legally prohibited from possessing a gun may store a gun in a vehicle’s glove compartment, center console, seat pocket or other compartment or container inside the vehicle. Any attempt by a person to prohibit keeping a gun in a vehicle in accordance with this law gives rise to a civil cause of action for damages or other relief. The other law relied on by Holly, Section 237.110(17), allows a private business owner to prohibit the carrying of concealed weapons at the workplace by concealed carry license-holders, but exempts the carrying of concealed deadly weapons and ammunition in a vehicle “owned by the employee.” 

Holly argued that notwithstanding the given reason for his termination (the misuse of company time arising from Holly asking a subordinate employee, M., for a personal favor during work), the real or actual cause was his possession of a handgun on workplace property. Because this conduct was protected by statute, Holly said, his employer provided this other, pretextual reason to mask its true motive.

In evaluating Holly’s wrongful dismissal claim, the court began with Kentucky’s employment law. “Ordinarily an employer may discharge his at-will employee for good cause, for no cause, or for a cause that some might view as morally indefensible.” One exception to this general rule was when an employee’s termination was “contrary to a fundamental and well-defined public policy” that was “evidenced by a constitutional or statutory provision” like the one at issue. The court of first instance, however, concluded that on the facts, Holly was not protected under Kentucky law based on the specific wording of Section 237.110. This referred to possession in a vehicle on the employer’s premises where the gun was “not removed from the vehicle” while the vehicle was on the premises. As soon as Holly took the gun out of his car for a reason other than the listed exceptions (defensive use or where authorized by the property owner), “his statutory protection ceased.”

Holly appealed. In an unreported decision dated March 2, 2017, the U.S. Court of Appeals for the Sixth Circuit agreed that Holly’s conduct fell outside of the four corners of the statute. “While it is undisputed that Holly possessed a gun in his vehicle on the UPS SCS premises–which is gun possession protected under Kentucky law–it is likewise undisputed that he removed the gun from his vehicle and placed it in another employee’s vehicle–which is not gun possession ‘in compliance with the provisions of KRS 237.110…’”

This decision follows an earlier ruling in Kentucky, Mullins v. Marathon Petroleum Company, LP in 2014, in which Jason Mullins sued his employer, Marathon Petroleum Company, alleging a violation of the same Kentucky laws. Mullins claimed he was disciplined and placed on a precarious “one strike and you’re out” status after a security guard spotted a rifle in the back seat of Mullins’ car while it was parked in the employer’s lot. In another decision anchored to the specific language of the law, the court held that based on the “unambiguous wording of the statute, a cause of action will only lie … if an employer ‘prohibits’ employees from keeping weapons in their vehicle.” Marathon did not “prohibit” employees from keeping weapons in their vehicles, but did require that employees follow its weapon policies, including disclosure and obtaining approval. The state law does not prohibit or regulate “approval” or “disclosure” requirements at all, so in this case, too, the employee’s lawsuit was unsuccessful. 

The moral for employees who rely on their state’s parking lot protection laws when transporting or storing a gun while at work or on an employer’s property is to follow the letter of the law. Although state law may allow an employee to possess a handgun in his or her vehicle at work, this protection does not immunize or apply to all other handling of the gun while on the premises. As these cases show, an employer may be acting within its rights in disciplining an employee whose actions fall outside the precise and exact “safe zone” established by law.

TRENDING NOW
FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

News  

Monday, August 24, 2026

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

For years, NRA-ILA has closely followed and reported on the legal and regulatory saga surrounding the Biden-Harris administration’s so-called “Frame or Receiver” rule. 

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

News  

Monday, August 24, 2026

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

On August 20, the U.S. Department of Justice (DOJ) published a final rule in the Federal Register that establishes application standards for those seeking relief from federal firearm disabilities under the Gun Control Act of ...

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

Wednesday, August 26, 2026

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

This week, three anti-gun bills received final passage from the legislature and will now be transmitted to the Governor's desk for his consideration. The most egregious among these measures is Senate Bill 948, which imposes ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.