Work Property & CC

[bgeddes]

Whilst concealed carry is specifically prohibited at my workplace, they also say I am not allowed to posses a firearm on their property. That means I am not allowed to keep weapon locked in my car. Is the inside of my vehicle considered my property and therefore off limits for them to search without cause?

In the past, one a-hole at the plant has told the management that so-and-so has a gun on their car, and the State Police are called to search. This seems way out of line to me.

The ONLY place I do not currently carry is to and from work for this reason. I drive straight home to change and gear up after work, before making any stops. I'd like another option and I have considered parking off company property.

Can someone enlighten me on the in and outs of this situation?

[mikey]

I got this e-mail on March 20th, from a friend not too long ago. It was from the NRA-ILA .

I have not seen this talked about anywhere yet, but I know there are states that have legislation in the works to make this the law.

Major Victory for American Workers Right to Self-Defense


Fairfax, Va. – Today, a three-judge panel of the U.S. Tenth Circuit Court of Appeals ruled unanimously in support of allowing employees to store legally owned firearms in locked, private motor vehicles while parked in employer parking lots. This decision upholds NRA-backed legislation passed in 2004.

“This is a victory for the millions of American workers who have been denied the right to protect themselves while commuting between their homes and their workplace,” said NRA Executive Vice President Wayne LaPierre. “This effort was aimed at skirting the will of the American people, and the intent of legislatures across this country while eviscerating Right-to-Carry laws. This ruling is a slap at the corporate elitists who have no regard for the constitutional rights of law abiding American workers.”

In March 2004, the Oklahoma legislature passed an amendment holding employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property. A number of corporations subsequently filed suit in opposition to the new laws, alleging they were: unconstitutionally vague; an unconstitutional taking of private property; and preempted by various federal statutes. The lower court ruled in favor of the injunction.

“This issue was contrived by the gun control lobby who goaded corporations into doing their dirty work for them,” said Chris W. Cox, NRA chief lobbyist. “However, this ruling is a vindication for every hardworking and lawful man and woman whose basic right to self-defense was taken away on a whim by corporate lawyers. NRA is prepared to defend this right and to ensure the safety of every American worker.”

In October 2008, Oklahoma Gov. Brad Henry and Attorney General Drew Edmondson appealed to the Tenth Circuit Court of Appeals the lower court decision to strike down the NRA-backed worker protection laws. Today’s proceedings handed down by Circuit Judges Paul J. < SPAN style="mso-bookmark: OLE_LINK6">Kelly, Bobby R. Baldock, and Michael W. McConnell reversed the lower court’s grant of a permanent injunction

[Swarner793]

In the past, one a-hole at the plant has told the management that so-and-so has a gun on their car, and the State Police are called to search. This seems way out of line to me.

I really doubt that PSP would get involved in a civil matter. As I tease my PSP friends, "That's a civil matter" is the motto of PSP Academy.

IF you were to bring a weapon to work and if someone blew the whistle on you, you are still only violating a private employment policy, not a state statute. Unless of course you work at a place that is barred by statute, it is not the busines of PSP.

Be safe (and lawful, whether you obey the boss only impacts your job).

Scott

[Steve in PA]

Whilst concealed carry is specifically prohibited at my workplace, they also say I am not allowed to posses a firearm on their property. That means I am not allowed to keep weapon locked in my car. Is the inside of my vehicle considered my property and therefore off limits for them to search without cause?

In the past, one a-hole at the plant has told the management that so-and-so has a gun on their car, and the State Police are called to search. This seems way out of line to me.

The ONLY place I do not currently carry is to and from work for this reason. I drive straight home to change and gear up after work, before making any stops. I'd like another option and I have considered parking off company property.

Can someone enlighten me on the in and outs of this situation?

The "no guns" is a work place condition set by your employer. They can restrict you (by policy) from carrying on their property. That means inside a building or in the parking lot.

PSP or any officer cannot search your vehicle unless they have a warrant or your permission. However, as a condition of your employment there may also be a clause that allows your employer to search your vehicle.

What does your employee policy say?

You are not breaking any law by carrying on the property, but your employer may fire you for a policy violation.

[Howard Bullock]

As a condition of employment you have to accept and abide by the policies of your employer. If your employer believes you have violated the firearms policy and wants to search your vehicle, you can refuse, but the response may be your fired.

[thetruepyromaniak]

I have the same policy at my work. I have been told by a state representative that it holds no water if the fire arm is locked inside my car. He also told me that if I were to be fired for it then it would be wrongful termination and a lawsuit would be justified. I considered it to enough for me, as he helps write the laws, I figured he would know them. +1 Major Victory for American Workers Right to Self-Defense. Adds more proof to what he told me. I just lock it in my car and if someone were to blow the whistle, then ill blow mine. I’m sure a suite would be settled out of court and I would have my job back.

[Lone Wolf]

As a condition of employment you have to accept and abide by the policies of your employer. If your employer believes you have violated the firearms policy and wants to search your vehicle, you can refuse, but the response may be your fired.

Unfortunately, this is the way it is at my work.

[thetruepyromaniak]

As a condition of employment you have to accept and abide by the policies of your employer. If your employer believes you have violated the firearms policy and wants to search your vehicle, you can refuse, but the response may be your fired.

This may be true, but as long as there were no threats made ever, then i dont see how it could be lawful termination.

[knight0334]

This may be true, but as long as there were no threats made ever, then i dont see how it could be lawful termination.

Any termination short of one based on race, sex, religion or certain disabilities is lawful. I could fire you for wearing white socks on a day I felt everyone should be wearing black socks. Or, I could fire you just because I felt like it.

It doesn't mean you wouldn't win a dispute over unemployment, but you'd still be fired.

[IV_Warrior]

I have considered parking off company property.

Probably your best option, if you can still park fairly close. Only being unarmed between the vehicle and the building is better than being unarmed between home and the building.