Carrying to and from work

[hvymetal86]

Since I began carrying everywhere I can legally (I have my LTCF), I've been carrying to work in my car, parking in the company's lot, placing my pistol in my glove box and locking it, and then entering the building. When I leave for the day I enter my car, close the door, put the holster and pistol back on my side, and drive away.

I don't take it in or even out of the car because my company has a workplace violence policy that has a section addressing firearms that reads exactly as follows:
The following are prohibited types of behavior:

• Fighting on <company name> property or while conducting <company name> business;
• Intentionally destroying <company name> property or the property of others;
• Possessing, selling, transferring, purchasing, distributing or using explosives or weapons on <company name> property or while conducting <company name> business;
• Threatening, intimidating, harassing or abusive behavior, or the suggestion of such behavior, directed at employees and/or others while present on the <company name>’s property or conducting <company name> business.

None of these have any possible application to my question/situation here except the third bullet point about possessing. Here's what I'm not sure about. From what I've gathered, my vehicle (at least the interior of it), counts as an extension of my residence. This would seem to in turn imply that as long as my firearm stays inside my car I should be legally allowed to have it.

What I'm looking for is if this is the case or not, OR better yet, some information like was used in this post to get company policy changed if it in some way breaks state law:
http://www.defensivecarry.com/forum/...ml#post1729225

Thanks!

[knight0334]

Since I began carrying everywhere I can legally (I have my LTCF), I've been carrying to work in my car, parking in the company's lot, placing my pistol in my glove box and locking it, and then entering the building. When I leave for the day I enter my car, close the door, put the holster and pistol back on my side, and drive away.

I don't take it in or even out of the car because my company has a workplace violence policy that has a section addressing firearms that reads exactly as follows:
The following are prohibited types of behavior:

• Fighting on <company name> property or while conducting <company name> business;
• Intentionally destroying <company name> property or the property of others;
• Possessing, selling, transferring, purchasing, distributing or using explosives or weapons on <company name> property or while conducting <company name> business;
• Threatening, intimidating, harassing or abusive behavior, or the suggestion of such behavior, directed at employees and/or others while present on the <company name>’s property or conducting <company name> business.

None of these have any possible application to my question/situation here except the third bullet point about possessing. Here's what I'm not sure about. From what I've gathered, my vehicle (at least the interior of it), counts as an extension of my residence. This would seem to in turn imply that as long as my firearm stays inside my car I should be legally allowed to have it.

What I'm looking for is if this is the case or not, OR better yet, some information like was used in this post to get company policy changed if it in some way breaks state law:
http://www.defensivecarry.com/forum/...ml#post1729225

Thanks!

The interior doesn't count as an extension of your home in PA. What is inside your car is also on their property while your car is on their land.

Technically you are guilty of Defiant Trespass when you have your gun in your vehicle while your vehicle is parked on their property. Since you were made aware of the policy, well you are guilty.

The only recourse you have is either:
1. Not have the firearm in your vehicle while on their land.
2. Park off of their property.
3. Get some type of verbal or written(preferred) exclusion from the rule.
4. Get them to change the rule.
5. Work somewhere else that allows it.

[OwnTheRide]

I don't know about you guys, but I'd never allow an employer to search my vehicle.

[hvymetal86]

knight0334:
Thank you very much for the information. Too bad we don't have something like Minnesota's law that I could use to force a change in their policy.

OwnTheRide:
I wouldn't allow them to search it without an LEO and a warrant either, but the spirit of my post was to determine the legality, not what I could technically get away with.

[gnbrotz]

knight0334:
Thank you very much for the information. Too bad we don't have something like Minnesota's law that I could use to force a change in their policy.

OwnTheRide:
I wouldn't allow them to search it without an LEO and a warrant either, but the spirit of my post was to determine the legality, not what I could technically get away with.

Arguably*, it's "legal" to have it in your vehicle, and even to carry it on your person inside their buildings. It's also "legal" for them to terminate you for ignoring their policies and/or any number of things that are "legal" for you to do.

*There may be a risk of defiant trespass charges for willfully ignoring such a policy, even though there is no specific legal limitation on the action itself.

[Remington788]

OwnTheRide:
I wouldn't allow them to search it without an LEO and a warrant either, but the spirit of my post was to determine the legality, not what I could technically get away with.

A lot depends on what you agreed to when you took the job. My job requires me to periodically reaffirm (sign) my adherence to the company policy manual. In it they reserve the right/ability to search my locker, filing cabinets, briefcase and even my vehicle if its on their lot. It also says I can't carry a gun or come to work drunk, can't sell the company's secrets or pinch the secretary's behind. Pretty standard stuff.

Refusal to comply with the search would result in dismissal and probably blacklisting in my industry.

As far as the document, I can re-sign or I can resign.

[hvymetal86]

Remington788:
I am positive there was nothing in the company handbook about being able to search employees vehicles. Good point though. I hope none of my future employers have policies like that as it seems to me like an invasion of privacy.

[Remington788]

Remington788:
I am positive there was nothing in the company handbook about being able to search employees vehicles. Good point though. I hope none of my future employers have policies like that as it seems to me like an invasion of privacy.

You may want to double check. I had to do my semi-annual re-signing of it recently and I read it more closely than I ever had before, only to find that it prohibits even ammo in the car (I have no idea why, it makes no sense to me).

I used to go to the nearest WalMart at lunch time to buy ammo (or more recently, to stare at a large empty glass case). I don't do that any more.

[ray h]

The last company I worked for had an almost identical policy. It was made clear to us that they could search vehicles when they were on their property.

My reply was "fine, search my vehicle if you like but you're going to have to break the window or call a locksmith to open it because the key is in my pocket and I'm not giving you my key so unless you think I'm stealing company property or have something in my pocket that is against company policy, you had better not go digging in my pocket."
There was no company policy that said I have to turn over personal property to them (my car key). That gives them a decision on how far they are willing to go. They aren't going to go out to the parking lot and randomly check cars if they have to break windows or break in to do it.
Basically, don't refuse the search but refuse to open it for them. It forces them to consider just how important it is to be in your vehicle.

[A/C guy]

There was a case some time ago where the company suspected employee drug use and had the police bring in drug dogs. The dogs made a false "hit" on a car, the police searched the car. No drugs were found, but there was a gun in the car. There was no problem with the police as the owner had a LTCF, however, he was fired.