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February 25th, 2014, 07:28 PM #1Junior Member
- Join Date
- Feb 2014
- Location
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Pittsburgh,
Pennsylvania
(Allegheny County) - Posts
- 4
- Rep Power
- 0
Municipality's ability to keep me from carrying??
First, I'm new to the forum so hey to everyone, second I'm a gun owner, proud to be one, and a Life Member of the NRA. I've used the forum many times to gather info for myself or others but joined after not being able to find any answers about my new found troubles and hoping to find some other legal geeks to help me out in case I'm missing something..
Here's the deal: I work for a municipality, my bosses want to enact a "No Firearms Policy." The rules of the policy would say that there are no guns allowed in the building or in a personal vehicle while parked in the lot regardless of LTCF status. The building and parking lots are owned by the municipality (and therefore public property.) We are all however, bound by state law to not carry while on duty with some slim exceptions. We have many people that carry legally to work and lock their sidearm in their locker within the building (which IMO is safer than leaving in your car.) It is my understanding and hope that they can't enact this rule b/c of Title 18 6120 and Title 53 2962g.
Thoughts??
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February 25th, 2014, 07:32 PM #2Senior Member
- Join Date
- Aug 2007
- Location
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Moscow,
Pennsylvania
(Lackawanna County) - Posts
- 324
- Rep Power
- 206732
Re: Municipality's ability to keep me from carrying??
I think you may be out of luck. That would make it a rule of employment which is legal, I think.
Are you unionized and what is their take on the change in rules of employment?
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February 25th, 2014, 07:40 PM #3
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February 25th, 2014, 07:42 PM #4Junior Member
- Join Date
- Feb 2014
- Location
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Pittsburgh,
Pennsylvania
(Allegheny County) - Posts
- 4
- Rep Power
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Re: Municipality's ability to keep me from carrying??
We are Union and the general consensus is against the policy. I just can't believe that they can tell me that I can't have a gun in my car when I drive there on my own time and drive home on my own time and I otherwise would be legally allowed to carry a gun in the parking lot as it is owned by the municipality. I would agree to keep it in my car, I do mostly anyways, but how can they enact a policy like this as they are a municipality?..
Title 53 2962
(g)Regulation of firearms.-- A municipality shall not enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms.
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February 25th, 2014, 07:45 PM #5Junior Member
- Join Date
- Feb 2014
- Location
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Pittsburgh,
Pennsylvania
(Allegheny County) - Posts
- 4
- Rep Power
- 0
Re: Municipality's ability to keep me from carrying??
It would be part of employee policy but would overlap the time when we are not on the clock. Also, I read on another site that showed which states had a law similar to what was proposed as HB448 or The Preservation and Protection Right to Keep and Bear Arms in Motor Vehicles Act and there is no law in PA saying one way or the other so it would be deferred back to other law, which there is none specifically outlining what an employer can or cannot do. This is why I would refer to Title 18 and 53 saying that a municipality can't enact any such rules, with no mention of who the law applies to..
Last edited by LTZMEDIC; February 25th, 2014 at 07:58 PM.
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February 25th, 2014, 08:43 PM #6
Re: Municipality's ability to keep me from carrying??
They can't ban them from the building or parking lot per the preemption, however they can place restrictions on you through the employee policy.
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February 25th, 2014, 09:24 PM #7
Re: Municipality's ability to keep me from carrying??
Please Note: The poster was issued a warning for this post.
"concealed carry" Means NOBODY knows works great for me when going places where i'm not allowed to carry!
OK JUST MAKING THIS CLEAR IN NO WAY AM I IMPLYING BREAKING THE LAW! I"M IMPLYING MORE LIKE CARRYING WERE PEOPLES FEELINGS MAY BE HURT OR ILLEGAL GFZ's.
But i feel this is a little screwed up that i need to explain this!Last edited by IIIIIREPOIIIII; February 26th, 2014 at 05:03 PM.
People always ask me why i never smile.I TELL THEM IT'S BECAUSE MY CORPSE IS STILL BREATHING AND THEY DON'T FUCKING GET IT!
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February 26th, 2014, 10:25 AM #8
Re: Municipality's ability to keep me from carrying??
The immediate short-term solution would be to get a gun safe for the vehicle and not park in the employee's parking lot.
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February 26th, 2014, 10:32 AM #9
Re: Municipality's ability to keep me from carrying??
I'd find out who gave your boss the OK to do it. Climb as high as possible.
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February 26th, 2014, 10:34 AM #10
Re: Municipality's ability to keep me from carrying??
Hey Repo you're really on a roll John222 neg reped ya and now an infraction. Roll on young man roll on.
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