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Thread: Question - Firearm on Company Property in a vehicle

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    Regular Member Northerner's Avatar
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    Question - Firearm on Company Property in a vehicle

    Quick question, which I could not find the answer in the SC Law itself; does SC law protect those with a CHP (concealed hangun permit) with having their firearm on company property as long as it is secured and out of site? NC tried to pass a law last year, protecting gun owners and allowing them to, whether the employer posted it or not, to have their fire arm secured in their vehicles (only if you had a CHP). It was stripped out of a bigger law at the last minute.

    Thanks in advance.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    Thomas Jefferson

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    Regular Member John Canuck's Avatar
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    Nope. I'm afraid not. I would never have a gun in my car if my employer didn't want me to

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    Regular Member hp-hobo's Avatar
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    I have always been amazed at the hypocricy of folks who expect the government to respect their right to firearm ownership, but then will happily use the force of that same government to strip the right of others to determine who and what enters their property.
    "The only thing that stops a bad guy with a gun, is a good guy with a gun."

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    Quote Originally Posted by John Canuck View Post
    Nope. I'm afraid not. I would never have a gun in my car if my employer didn't want me to
    This isn't exactly true.
    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
    (9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance;

    Also, per the law, any business who wants to prevent patron or employee concealed weapons carry must post a sign at every entrance point and it must be a sign in compliance with the law, not just some cardboard taped to a window saying "no gunz aloud".

    Of course if you work on federal property, their rules trump these. For everything else, you're allowed to retain your firearm in your vehicle.

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    Question - Firearm on Company Property in a vehicle

    Quote Originally Posted by Gamecocked&loaded View Post
    This isn't exactly true.
    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
    (9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance;

    Also, per the law, any business who wants to prevent patron or employee concealed weapons carry must post a sign at every entrance point and it must be a sign in compliance with the law, not just some cardboard taped to a window saying "no gunz aloud".

    Of course if you work on federal property, their rules trump these. For everything else, you're allowed to retain your firearm in your vehicle.
    Signage only applies to patrons. The company can simply have a policy against employees carrying guns at work, and fire anyone who violates it, signs or not.

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    Quote Originally Posted by Hef View Post
    Signage only applies to patrons. The company can simply have a policy against employees carrying guns at work, and fire anyone who violates it, signs or not.
    Untrue

    SECTION 23-31-220. Right to allow or permit concealed weapons upon premises; signs.

    Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:

    (1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;

    (2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.

    The posting by the employer, owner, or person in legal possession or control of a sign stating “No Concealable Weapons Allowed” shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).

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    Question - Firearm on Company Property in a vehicle

    Quote Originally Posted by Gamecocked&loaded View Post
    Untrue

    SECTION 23-31-220. Right to allow or permit concealed weapons upon premises; signs.

    Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:

    (1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;

    (2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.

    The posting by the employer, owner, or person in legal possession or control of a sign stating “No Concealable Weapons Allowed” shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
    The law you cite creates conditions that could result in a criminal offense for carrying, but I can still fire an employee for carrying, signs or not. Read the statute again.

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    Quote Originally Posted by Hef View Post
    The law you cite creates conditions that could result in a criminal offense for carrying, but I can still fire an employee for carrying, signs or not. Read the statute again.
    I misread your original post. My apologies.
    South Carolina is a right to work state. You can fire an employee at will, so that's an irrelevant point.

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    Regular Member John Canuck's Avatar
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    snip
    Quote Originally Posted by Gamecocked&loaded View Post
    Quote Originally Posted by John Canuck View Post
    Nope. I'm afraid not. I would never have a gun in my car if my employer didn't want me to
    This isn't exactly true.
    It is exactly true. The original question was:

    Quote Originally Posted by Northerner View Post
    does SC law protect those with a CHP (concealed hangun permit) with having their firearm on company property as long as it is secured and out of site?
    I think it's safe to assume the OP was referring to protection from the employer, not from Johnny Law. Perhaps he can clarify.

    If you work for Joe Blow, and sign a contract that allows Joe Blow to inspect the inside of your car while on his property, and also agree to not have a gun in your car while on his property, and you do bring a gun onto his property, there is nothing in SC code to protect you from being fired (like the NRA has pushed for in Georgia, Texas, Arkansas, Tennessee and probably a few others). Unless you have some information we don't have.
    Last edited by John Canuck; 11-12-2012 at 09:59 PM.

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