Keep Gun In Car At Work

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,

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

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

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

Orion.

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.

Daddynexxus said:

Location: Kentucky
Where: Red Lobster

My work specifically prohibits weapons in your car, on their property, while you're at work. I have been told several times by the managers it is not allowed. Therefore I and several other employees have been forced to park our vehicles, containing weapons, off the premises. I have been doing some searching recently, as becoming an OC. I found KRS-527.020 which sounds 100% like it protects me from the company preventing me from parking my car, handgun in glove box, on the property. Should I bring this up at work or am I incorrect? Note, I keep it unloaded, locked in the glove box. I was planning on taking in the statute tomorrow and showing it to my GM. A couple people have gotten in trouble for having weapons in their car, on the property, and have been written up.

Quote:

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KRS 237.110 protects those who hold KY CDWLs. Do you have a KY CDWL?

The statute that is most important is KRS 237.106 and 527.020. These statutes specifcally state that no employer can prohibit you from keeping a LOADED firearm in your vehicle, nor can they fire you or discipline you for doing so.

Why do you keep your gun unloaded?

The best thing to do is keep your car parked on the parking lot and keep quiet about your firearm. They will never know. If you MUST bring their violation to their attention, then do so through someone that doesn't work there. Have someone that you know bring this to their attention, just don't let the person you have explain this to them infrom them that they know you.

They will NEVER know you keep a firearm in your vehicle unless you volunteer the information, which would be rather ignorant. They cannot fire you for keeping a firearm in your vehicle, but once they know you do so they could fire you for wearing black socks, or for parting your hair to the left if you get what I'm saying!

They can fire you for nearly anything they please. Keep quiet and park on company property with your firearm in your vehicle.

If you just want to keep a firearm in your vehicle, then do it. Don't ever tell anyone you keep on in there, unless required by law.

Don't ever let anyone search your car unless they have the lawful authority to it. I would still voice my dissent though.

If you are doing it for the principle of the matter then it would probably be best if you do not take of the fight. Like what was suggested, have an anonymous friend bring it before the manager/owner.

If you have been written up and it is on record and you wish to fight it then you can bring it up anyways. You are already known to have a firearm, it wouldn't hurt to tell them they are wrong now.


Lastly, load your damned gun. It is pointless to have an unloaded firearm for anything other than a paperweight or an awkward club.

+1 on keep it in your car and shut up about it at work.

I don't know how they would know anyways unless you told them.

They may not fire you for it, but they may start scrutinizing your work a lot more and find other reasons.

Ask Drake what happened when he confronted his bosses about it.

If, for some reason, they do find out you have a gun in your car and fire you, then sue them.

Don't argue with them over a "rule" that doesn't really matter.

Daddynexxus said:

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.

Click to expand...

Well, it is sent. Emailed it about an hour ago. We will see if anything comes of it.

Orion

flb_78 said:

+1 on keep it in your car and shut up about it at work.

I don't know how they would know anyways unless you told them.

They may not fire you for it, but they may start scrutinizing your work a lot more and find other reasons.

Ask Drake what happened when he confronted his bosses about it.

If, for some reason, they do find out you have a gun in your car and fire you, then sue them.

Don't argue with them over a "rule" that doesn't really matter.

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Trust me, on this ordeal. Park on the property, load your gun, keep it in your vehicle while on the company property unless your life depends on removing it, and keep your mouth shut. I learned the hard way about what happens when you think you can win the battle relating to the gun. After a lengthy two month process with my lawyer, it turns out officially I lost my job for parking too close to another vehicle [even though we know it is a BS reason, and I always parked at the end of the lot].

If you want your job, then learn that you may have the right to your gun in your vehicle, but the people you work for have a right to fire you for whatever smallest and most BS reason possibly thought of.

While we're at it, would anyone on here be willing to email U of L about this? As best as I can tell, their policy regarding guns in cars has not changed even in light of Mitchell v. UK.

I'm afraid to as I'm currently a student/employee and don't want to draw undue attention to myself.

bunnspecial said:

While we're at it, would anyone on here be willing to email U of L about this? As best as I can tell, their policy regarding guns in cars has not changed even in light of Mitchell v. UK.

I'm afraid to as I'm currently a student/employee and don't want to draw undue attention to myself.

Click to expand...

Give me an email and I'd be more than happy to

KYGlockster said:

KRS 527.020 protects those who hold KY CDWLs. Do you have a KY CDWL?

The statute that is most important is KRS 237.106. This statute specifcally states that no employer can prohibit you from keeping a LOADED firearm in your vehicle, nor can they fire you or discipline you for doing so.

Why do you keep your gun unloaded?

The best thing to do is keep your car parked on the parking lot and keep quiet about your firearm. They will never know. If you MUST bring their violation to their attention, then do so through someone that doesn't work there. Have someone that you know bring this to their attention, just don't let the person you have explain this to them infrom them that they know you.

They will NEVER know you keep a firearm in your vehicle unless you volunteer the information, which would be rather ignorant. They cannot fire you for keeping a firearm in your vehicle, but once they know you do so they could fire you for wearing black socks, or for parting your hair to the left if you get what I'm saying!

They can fire you for nearly anything they please. Keep quiet and park on company property with your firearm in your vehicle.

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Please point out how it only pertains to. CDWL owners?

Orion_13 said:

Well, it is sent. Emailed it about an hour ago. We will see if anything comes of it.

Orion

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Awesome, keep me updated!!

gutshot said:

Shakespeare wrote, “brevity is the soul of wit’. See if you don’t like this better.


It has come to my attention that Darden is operating in violation of Kentucky state law. Your employment policies state no worker is allowed to have firearms or weapons in their vehicles while parked on Darden property. This policy violates Ky. Revised Statue 237.106. You can view this state law at http://www.lrc.ky.gov/krs/237-00/106.PDF. For your convenience I have copied and pasted that statute below.

Insert statute here.


The right to keep and bear arms is protected by the Ky. state constitution and state law allows Kentuckians the tools to defend themselves from harm. I am certain that this oversight is due to the fact that Darden has restaurants in many states and each of those states has different laws. Certainly, it is not a good business practice to operate in violation of state law and I am equally as certain Darden does not want to violate anyone's constitutional rights. I hope you will see that this is corrected promptly. I have always enjoyed eating at Darden restaurants and would like to be able to continue doing so.

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+1

Daddynexxus said:

Location: Kentucky
Where: Red Lobster

My work specifically prohibits weapons in your car, on their property, while you're at work. I have been told several times by the managers it is not allowed. Therefore I and several other employees have been forced to park our vehicles, containing weapons, off the premises. I have been doing some searching recently, as becoming an OC. I found KRS-527.020 which sounds 100% like it protects me from the company preventing me from parking my car, handgun in glove box, on the property. Should I bring this up at work or am I incorrect? Note, I keep it unloaded, locked in the glove box. I was planning on taking in the statute tomorrow and showing it to my GM. A couple people have gotten in trouble for having weapons in their car, on the property, and have been written up.

Quote:

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This is what Red Lobester says
Thank you for your interest in Red Lobster.



We deeply respect and appreciate your perspective and motivation to contact us. Red Lobster's focus is to provide all of our guests with a refreshing seaside dining experience. Our company’s general policy regarding firearms in our restaurants is to follow the state law. In fact, when state law allows concealed carry but provides an "opt out" clause for individual businesses Red Lobster we elect to comply with the law as it is written and do not opt out.

If you have any questions about specific states, you may reply to this email or speak with the general manager of your local restaurant.



We appreciate the time you took to write to us.



Sincerely,

Mark
Red Lobster Guest Relations

ps1mhd said:

This is what Red Lobester says
Thank you for your interest in Red Lobster.



We deeply respect and appreciate your perspective and motivation to contact us. Red Lobster's focus is to provide all of our guests with a refreshing seaside dining experience. Our company’s general policy regarding firearms in our restaurants is to follow the state law. In fact, when state law allows concealed carry but provides an "opt out" clause for individual businesses Red Lobster we elect to comply with the law as it is written and do not opt out.

If you have any questions about specific states, you may reply to this email or speak with the general manager of your local restaurant.



We appreciate the time you took to write to us.



Sincerely,

Mark
Red Lobster Guest Relations

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+1 for Red Lobster!

Darden in FL

This whole issue is a local one in KY. Darden's HQ is in Florida, and it has been the same under the law as KY since 2005. It is a non-issue here. Carrying in the restaurants is ok concealed with a permit, as long as you do not sit at the bar.

Daddynexxus said:

Please point out how it only pertains to. CDWL owners?

Click to expand...

237.110 ONLY applies to CDWL holders. If you would re-examine my post you will see that I fixed the mistake.

I still haven't heard back from the email I sent in.

Orion