Pennsylvania Firearm Owners Association
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  1. #21
    Join Date
    Jan 2013
    Location
    hanover pa, Pennsylvania
    (York County)
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    Default Re: Employer property ban

    I'm retired from a large manufacturing plant after 31 years of service.They had a no gun in the parking lot rule just like the op described.I ignored it.I didn't tell any of my coworkers that there was a gun in my car.Since the parking lot had security cameras in it I always removed my carry gun and placed it in the center console about a block away from their parking lot.I never had a problem.
    This ties in with the only time I ever had to draw a gun to avoide being a victim of a violent crime.I was working second shift and on my way home from work when my car decided to let me sit.I had to walk to a pay phone to call for a ride home, This was before cell phones.A car with four men in it stops about 25 yards ahead of meThey get out and start walking toward me.Their leader if you can call him that says"your not going to give us any trouble are you man?"I drew my gun wiped off the safety and put the blade of the front sight on his chest.They ran back to the car and took off. Had I obeyed the company no gun policy I would have gotten a good ass kicking at the very least.
    If you loose your job for violating the company's no gun policy your wife will be pissed.How do you think your family will feel if you don't come home at all?
    Don't leave home without it!

  2. #22
    Join Date
    Dec 2009
    Location
    Butler County, Pennsylvania
    (Butler County)
    Posts
    273
    Rep Power
    6578

    Default Re: Employer property ban

    Quote Originally Posted by philcav7 View Post
    Is the parking lot owned by the business or do they have exclusive lease rights?

    I work in a retail shopping center and am prohibited to have a gun on company property as well. Fortunately, the lease line ends at the front door threshold...they have zero say over the parking lot, since it is a common area of the property management.

    The company does have some local property with an exclusive parking area. Technically, a gun in the car over there would be a violation of policy.
    This is going to vary greatly from employer to employer. According to my employer, the parking lot nearby for a totally different company is still considered "company property" according to the policy because it's all overseen by the same property management company. So in this case I would have to park across the street in a nearby businesses parking lot.

  3. #23
    Join Date
    Aug 2011
    Location
    MILLERSBURG, Pennsylvania
    (Dauphin County)
    Age
    49
    Posts
    651
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    1189801

    Default Re: Employer property ban

    My employer has the same policy .

    My gun gets locked in the center section of my jeep

    I keep my mouth shut about it

    If they want to search my jeep they better get a cop there

    If they get a cop there I will tell the cop that I have a LTCF so it wouldnt matter if there was a gun in there or not. I would hope the cop would tell my emlpoyer they cant force me to unlock my jeep

    Of course I assume if the employer told the cops I was stealing company property then they may be able to force me to unlock the jeep

  4. #24
    Join Date
    Jan 2013
    Location
    Jonestown, Pennsylvania
    (Lebanon County)
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    Default Re: Employer property ban

    A ton of good information here. Thanks for all of the input. Our parking lot is owned by the company so no room for wiggle there. The "company" is surrounded by honey truck covered fields, thus nowhere to park off of premisis.

    I certainly do not advocate breaking any "laws" but I do have quite a distance to and from work and I will not travel where I do without protection.

    Funny thing, I finish second shift and I am ready to hit the range. We have an indoor range at our club, I enjoy pumping a few down range after work every now and then. > .45ACP, because I care to send the very best.

    I am not sure I would ever open my vehicle without police present. We have not had to sign a policy allowing for search ---- yet.

    I will write Toomey and my other representatives in the hopes some considerations can be made for my protection.

    Thanks again for all of your input!

  5. #25
    Join Date
    Dec 2012
    Location
    The land o' cotton, old times there are not forgotten
    Posts
    3,536
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    Default Re: Employer property ban

    Quote Originally Posted by brsims View Post
    As you've said, he can't search your car without a warrant,
    Warrants are for agents of the government, not citizens.

    As for an employer's power to search your belongings, if you agreed to that when hired on, that's what they can do.

    In any case, if you don't let them search they can simply fire you.

  6. #26
    Join Date
    Dec 2007
    Location
    King of Prussia, Pennsylvania
    (Montgomery County)
    Posts
    663
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    13851

    Default Re: Employer property ban

    Quote Originally Posted by sgtmcbowflex View Post
    This is going to vary greatly from employer to employer. According to my employer, the parking lot nearby for a totally different company is still considered "company property" according to the policy because it's all overseen by the same property management company. So in this case I would have to park across the street in a nearby businesses parking lot.
    I asked a question about the Parking and neighboring companies.

    In my situation, the office complex is managed by a large company. They tried to pull the same line about the neighboring buildings as being company property because they are all managed by XYZ company. I responded with,

    "so then I'm allowed to park on all XYZ managed property?
    Regardless of location ?
    Even the ones that restrict access with guards?
    Has this policy been cleared by the property management company, I would hate to have my car towed, and have to refer to this policy for reimbursement...

    They got white as a ghost when I asked about parking anywheres and having to seek $$ for towing. I also sent a letter to the property management company, asking for their clarification on what was considered parking for my company boundaries, asking for clarification to a company policy allowing me to park on any XYZ managed property. Their response was that we were restricted to the lot assigned to our company, if we exceeded the number of needed spaces, the company would need to have more spaces allocated in the neighboring complex - for an additional fee.

    The company can say all of this is considered company property - does t make it a correct statement.

  7. #27
    Join Date
    Oct 2006
    Location
    Right next door, Pennsylvania
    Posts
    904
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    Default Re: Employer property ban

    As far as a search taking place, the Expectation of Privacy is what could come in to play. Same with your desk, etc. What areas of your work evironment provide you with an expectation of privacy. I would think you car is one of those.

    Slightly off topic, my wife's company just issued a video on what to do if a shooting occurs in their building. There is no mention of a gun policy, but this sums up their advice:

    1 - Evade, escape building, dial 911

    2 - If you can't evade, hide. They follow this with ideas of where to hide, and what to use to concealment and possible cover.

    3 - If you can't run, and can't hide, ATTACK! Grab whatever you can to use as a weapon and attack the shooter. They are in an open office, so there are very few walls or doors. It's an open floorplan and you are a sitting duck for sure.
    Honey, sell my guns for what they're worth and not what I told you I paid for them.

  8. #28
    Join Date
    Jul 2011
    Location
    a short walk from Tanners, Pennsylvania
    (Bucks County)
    Posts
    613
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    15631

    Default Re: Employer property ban

    When I managed a large department of a multinational telecommunications equipment manufacturer we had no policy about bringing guns in the building or on campus. I had one employee that I found did bring a firearm in his briefcase everyday. I knew if the higher ups got wind of this there would be a new no gun policy within a day. I simply asked the employees to keep it in his car. That way I really did know if he had it or not.

    If you are considering leaving a gun in your car in violation of company policy I suggest that you don't highlight yourself by asking a lot of questions. When management supplies answers to you it serves to further document that you understood the policy and is more likely to result in action if discovered. Most of the time management will not go looking for trouble but I know in my business there are times that higher ups will add people to the layoff list out of suspicion (these are not gun related but other concerns). They justify to themselves by thinking they could be eliminating a problem that crops up down the road.

  9. #29
    Join Date
    Dec 2012
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    Default
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    Default Re: Employer property ban

    Any private employer has full discretion over any and all aspects of firearm policy on their property. They can tell you that you can only carry in an ankle holster and are wearing red jeans if they so choose.

    I manage a family business with roughly 100 employees and created our firearm policy after consultation with our attorneys and insurance carriers. Though I am very pro gun and personally would have absolutely no issue with our employees legally carrying firearms in their vehicles, I had to prohibit the practice for liability reasons.

    If I were to allow employees to carry firearms in their vehicles on company property, a defendant's attorney could produce a copy of our company handbook permitting the practice in court in the unlikely event that a firearm was discharged on our property. If there was an accidental discharge or confrontation between employees where a firearm was used, the company could be civilly liable.

    I suspect that it is fear of liability that prevents the vast majority of employers from permitting the practice, and many insurance companies will expressly tell you that you can't allow it.

    If one of our employees were to legally and responsibly carry a firearm in their vehicle and I don't know about it, I don't care. If an accidental discharge or other incident were to occur, the company would most likely be protected from liability by producing documentation showing that the employee was possessing the firearm against company wishes and that management was not aware of the practice.

    I do keep a pistol well hidden in a lock box in my office. Not a soul besides myself knows it's there. I realize that this is hypocritical, but unfortunately I don't have a choice. It's the litigious nature of our society that prevents me from being able to afford all employees the same ability, and I suspect most companies are in the same boat.
    Last edited by Blown; January 21st, 2013 at 10:20 AM.

  10. #30
    Join Date
    Jan 2012
    Location
    Harrisburg, Pennsylvania
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    Default Re: Employer property ban

    Quote Originally Posted by mikes17038 View Post
    I was afraid of that.
    Well. I will just keep my mouth very shut.
    Take off my MTAC every day and hope the police do not come in asking me to open my vehicle, but I think I must break some kind of law?
    I work for an agency that has its own police department. The agency also has a no weapons policy, however; according to the police chief he cannot enforce the policy.

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