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December 9th, 2010, 11:06 AM #1
Vehicle searches on private property?
So we all know that while on private property, it can be posted "no firearms allowed" and you could be asked to leave, blah blah.
My employer has a policy that states that as an employee, "possession or use of firearms, fireworks or any other weapon on xxxxxxx property...is prohibited" OK, that much I get. I'm sure they have the right to say that. BUT..it continues.
"We reserve the right to require employees while on xxxx property to agree to inspections of their personal possessions and property."
So my interpretation of this is that by my employment, I can't even drive onto the grounds with a pistol in my car, and leave it there during the workday. If I do, and they get wind of it, they can order me to open my vehicle and let the rent-a-cops search it.
So is this consent to search legal? I'm guessing it is since I signed that I have read and will abide by the policies of the company.
I think they're opening themselves up for a HUGE lawsuit should an employee stop for gas on the way home and be shot - the company has in effect removed the ability of an employee to protect themselves from the time they leave home to the time they return home after work."Conflict is inevitable, but combat is optional.”
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December 9th, 2010, 11:12 AM #2
Re: Vehicle searches on private property?
It's legal because when you hired on you probably either signed or initialed that you read and received a copy of the employee handbook and rules.......consented.
It's a condition of employment and it leaves you with 3 choices, find another job, park off sight or risk termination.
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December 9th, 2010, 12:01 PM #3Super Member
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Re: Vehicle searches on private property?
Easy Fix... Park in the lot next to your office... they do not control access to that facility.
They can not enforce their rule on your vehicle...as you are not on company property.
Pay for the parking your self if you have to.
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December 9th, 2010, 12:05 PM #4
Re: Vehicle searches on private property?
Your employment is consent so long as you want to remain employed.
You dont have to let them search your vehicle, but they can fire you for not allowing them to search it. Also, if the property is posted in a manner to which it is likely to be seen that guns aren't allowed - having one would be a criminal trespass violation as Defiant Trespassing. It could also be argued that even if it wasn't posted, that you were informed and knew that guns weren't allowed, that you could still face Defiant Trespass charges.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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December 9th, 2010, 12:11 PM #5
Re: Vehicle searches on private property?
That's what I figured. I'm working within "the system" to ask that they change the policy in a way what would allow an employee to store a pistol in their vehicle during the day, so that they at least have means to defend themselves before or after work hours, off-property. Not holding out hope, but I gotta try.
Thanks for the responses all.."Conflict is inevitable, but combat is optional.”
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December 9th, 2010, 12:13 PM #6
Re: Vehicle searches on private property?
Park on public streets or in the next businesses lot, lock it up in a lockbox or the trunk.
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December 9th, 2010, 12:35 PM #7
Re: Vehicle searches on private property?
Do not do the above. If you bring yourself to the attention of the policy makers you will be a target. If you do challenge this policy you bring yourself voluntarily to their attention for something that they think is "common sense" and "zero tolerance." Do not challenge this policy, you will regret it!!!
As for a lawsuit, nope. Most people do not really believe in the importance of self defense, especially those mouth breathers selected for juries. There is such a tenuous link from the actions of a criminal to the policies of a company that you would never win, most likely. If you have never been in civil court I would understand why you would think that an easy victory would come... However, in civil court nothing is easy, everything is long and expensive.
Lay low, park on the street or in another area and make the choices that best suit your life. New jobs are hard to find, holes in your torso are harder to fix.Join the groups protecting your rights from the fools trying to take them from you!
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December 9th, 2010, 12:38 PM #8
Re: Vehicle searches on private property?
An employer has zero liability for what criminals do to you once you leave work. They barely have any liability for what criminals do to you while you're on the clock, and you'd have to prove negligence far beyond a "no guns" policy.
The reality is this: If you have anything illegal (not just prohibited, I mean actually illegal: unregistered machineguns, bales of pot, bomb-making supplies) then it makes no sense at all to consent to any search. They will find the contraband, you'll be fired, and they will ALSO call the cops and have you arrested.
You're in much the same boat if they have a "no guns in cars" policy. If you consent, they will find the gun and fire you. You might as well refuse consent, get fired for that refusal, and leave it up in the air as to whether you're a 4th Amendment enthusiast or a 2nd Amendment fan. Being fired for having a gun in the car looks worse than being fired for refusing to allow company goons to TSA your belongings, from the standpoint of getting unemployment benefits and getting a new job..
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December 9th, 2010, 09:45 PM #9
Re: Vehicle searches on private property?
^^^^^ what GL001 said ^^^^^
Rep nazis say I can't rep himHonesta Mors Turpi Vita Potior ~ 3%
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December 9th, 2010, 10:38 PM #10Active Member
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Re: Vehicle searches on private property?
If the OP was so inclined could he file anonymously a request via an attorney or a representative of PAFOA if they chose to accept?
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