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Thread: Keep Gun In Car At Work

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    Keep Gun In Car At Work

    Removing post. All resolved.
    Last edited by Daddynexxus; 03-07-2013 at 06:36 PM.

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    Keep Gun In Car At Work

    http://forum.opencarry.org/forums/sh...In-Car-At-Work

    I could really use an answer on this one, so I am doing. Hoping it's allowed, since it's also Kentucky and also Law.

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    Quote Originally Posted by Daddynexxus View Post
    http://forum.opencarry.org/forums/sh...In-Car-At-Work

    I could really use an answer on this one, so I am doing. Hoping it's allowed, since it's also Kentucky and also Law.
    They can not fire you for having a gun in your car at work. If they did they would pay a heavy price to you in court. BUT, they can fire you for being "5 minutes early to work" if you know what I mean. Starting today get all memos, emails, policy books or anything else that states that your company prohibits (or tries to) having a gun in your car at work. Get a recorder, wear if and get a boss telling you this as well. It may come in handy later.
    Last edited by self preservation; 02-05-2013 at 08:27 PM.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    I'm asking if they can even prevent you from parking your car on the property, loaded/unloaded weapon in the glove box?

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by Daddynexxus View Post
    I'm asking if they can even prevent you from parking your car on the property, loaded/unloaded weapon in the glove box?
    I assume you mean parking your car on their property because you have a loaded/unloaded gun in your car? Unless someone can correct me, no. Just ask Micheal Mitchell, he'll tell ya.
    Last edited by self preservation; 02-05-2013 at 08:30 PM.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Removing post. All resolved.
    Last edited by Daddynexxus; 03-07-2013 at 06:36 PM.

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by Daddynexxus View Post
    I see. If I get more solid replies I'll be bringing in the Statute and Section 8 to work to show my employer they are being unlawful
    Honestly, they may change their stance, but I doubt it. It doesn't hurt to make them aware, but if they are that anti then you may find yourself getting fired for being early to work. Most of these places know the way around things. Thats why I say go ahead and start showing a pattern just in case.
    Last edited by self preservation; 02-05-2013 at 08:42 PM.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by Daddynexxus View Post
    I see. If I get more solid replies I'll be bringing in the Statute and Section 8 to work to show my employer they are being unlawful
    NO! They can NOT fire you for keeping a firearm in your vehicle.

    If you go in to your boss and explain to him that they are violating state law, then you could get your self into trouble. Of course they cannot fire you for keeping a firearm or other deadly weapon in your vehicle in accordance with KRS 237.104, but they can fire you for any other reason. If they dislike you coming before them and explaining to them that they are in violation of State law, then they could LEGALLY fire you.

    If you keep a firearm in your vehicle do NOT tell them. Do NOT tell them that they are violating the law. If you want them to know, then have someone else come in and speak with them but do NOT have them inform your employer that they know you.

    There has been one person here that I know of that was fired because they brought KRS 237.104 to their employer's attention. They didn't have a recorder, so they have no ground for a lawsuit because they have no proof of wrongdoing.
    Last edited by KYGlockster; 02-05-2013 at 09:55 PM.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    IANAL, but that law seems to be exempting carry in a car from requirements for a concealed carry license. It does not seem to bind an employer into allowing you to have a gun in your car on his premises.

    States that have such laws are very clear on disallowing an employer from forbidding you to have a firearm in your car locked up and/or out of sight while on his premises. The statute that you cited seems to say nothing of the sort.

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    Quote Originally Posted by eye95 View Post
    IANAL, but that law seems to be exempting carry in a car from requirements for a concealed carry license. It does not seem to bind an employer into allowing you to have a gun in your car on his premises.

    States that have such laws are very clear on disallowing an employer from forbidding you to have a firearm in your car locked up and/or out of sight while on his premises. The statute that you cited seems to say nothing of the sort.
    On the contrary, it does state, pretty specifically, the employer cannot forbid you from having a firearm locked in your car.

    No person or organization, public or private, shall prohibit a person from keeping a loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.

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    Create a gmail account that has no ties to you personally.. ie have a friend set it up for you... then use that gmail account to notify the boss and carbon copy human resources of the statue that they are violating. If you want someone to setup a gmail for you let me know I will do it. Just give me an idea for a password and gmail account name and we will get it done. That way it won't show any ties back to you even if they had google give them the originator's real email address. Yes I am a geek.

    Orion

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    I am sorry. You are correct.

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    Or heck I'll email the boss and HR for you. Just shoot me the email addy's in a PM. That way they won't get the IP addresses either.

    Orion

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    Haha great idea, might take you up on it, give me a day or so.

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    Removing post. All resolved.
    Last edited by Daddynexxus; 03-07-2013 at 06:37 PM.

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    If anyone could help me find the email or phone number I'd really appreciate it! I'll check for it tomorrow at work, also.

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    Choose your battles wisely. You may win the I-can-carry-in-my-car battle and lose the I-have-a-job war.

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    Removing post. All resolved.
    Last edited by Daddynexxus; 03-07-2013 at 06:37 PM.

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    Quote Originally Posted by eye95 View Post
    Choose your battles wisely. You may win the I-can-carry-in-my-car battle and lose the I-have-a-job war.
    Darden policy prevents termination under these circumstances , but thank you very much for your concern and warning!

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    Quote Originally Posted by Daddynexxus View Post
    Darden policy prevents termination under these circumstances , but thank you very much for your concern and warning!
    Eye is giving you good advice. You should heed it. It doesn't matter what the reason is for termination. It only matters what they say the reason is.
    Meaning that they may fire you for having a gun in your car but that won't be the reason they give. They could use hygiene, being late, attitude, whatever.
    Also, why are you telling your employer what you have in YOUR car? It is none of their business and they don't have any legal standing to search your vehicle. So they will only know if you tell them.
    Remember just 'cause you're right doesn't mean you'll win.
    "Loyalty above all else except honor. " -John Mahoney

    "A Government big enough to give you everything you want, is big enough to take away everything you have." -Gerald R. Ford

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    Working on an email for this from a "concerned customer" side of the equation. How does this sound?

    It has come to my attention that you are violating a few Kentucky statues when it comes to employees rights to privacy with regards to their own cars on your parking lot. There seems to be some issue with your employment policies that state no worker is allowed to have firearms or weapons in their vehicles while parked on your lot. This violates Kentucky's Law KRS 237.106. You can view the law at this site here. http://www.lrc.ky.gov/krs/237-00/106.PDF or trust me with the following copied from said site.

    237.106 Right of employees and other persons to possess firearms in vehicle -- Employer liable for denying right -- Exceptions.

    (1) No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property.

    (2) A person, including but not limited to an employer, who owns, leases, or otherwise occupies real property may prevent a person who is prohibited by state or federal law from possessing a firearm or ammunition from possessing a firearm or ammunition on the property.

    (3) A firearm may be removed from the vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property.

    (4) An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section.

    (5) The provisions of this section shall not apply to any real property:

    (a) Owned, leased, or occupied by the United States government, upon which the possession or carrying of firearms is prohibited or controlled;

    (b) Of a detention facility as defined in KRS 520.010; or

    (c) Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property.

    Effective: July 12, 2006
    History: Created 2006 Ky. Acts ch. 240, sec. 8, effective July 12, 2006.




    I'm sure you are not wanting to violate anyone's rights or break any laws so I thought I would make you aware of this over site before it became a legal issue for you in the future. It would be very disappointing to have to advise my fellow gun enthusiaist of this little issue and I would sure miss enjoying your restaurant in the future.

    Sincerely,

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    And on to the other issue here. The manager can't search your car without a warrant and a cop. So how will they ever know what is in there if you don't tell them or let them in your car? If they enter your car without your permission it is breaking and entering and they will go to jail for trespassing. So I don't see how their policy is enforceable in the first place. Pack it to work and don't tell anyone!

    Orion

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    Oh and here is the list of people I found to send this email to in the TO: address. I have it spooled up and ready to send just as soon as you guys approve the content of the message. Here is the people I have it ready to send to.

    careers@darden.com; rlmedia@redlobster.com; bsheroan@thenewsenterprise.com; cordway@thenewsenterprise.com; khostetter@wave3.com; lshields@wave3.com; kschank@wave3.com; aellis@wave3.com

    yes that is the news paper in E-Town and the NBC news station people in Louisville. LOLz

    Just make sure this is what you guys want to say about it before I hit send!

    Orion

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    Keep Gun In Car At Work

    I will make the changes and forward the email along when I get home. Thanks for the suggestions.

    Orion.

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    Thanks a lot. Like I said, I'm really not trying to get them in trouble, just trying to help them stay out of it. Never have told them I have a weapon in my car, I never would. They just let us know that having weapons in our car on the property is not allowed.

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