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Employee rights: keeping a firearm in vehicle.

chiefjason

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This just came through my email from the NRA. Does anyone know whether this is Nationwide or just Oklahoma?



"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. Kelly, Bobby R. Baldock, and Michael W. McConnell reversed the lower court’s grant of a permanent injunction"



http://www.nraila.org/News/Read/NewsReleases.aspx?ID=12135
 

JerichoXD

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Luckily, I live in New Mexico; where the vehicle is a direct extension of the home and counts as private property even when on another entity's premesis. This is one of the things that makes NM a gold state for OC.

My company tried to istitute regular vehicle checks for firearms and drugs, but was quickly quashed by their lawyers.

Every state has different laws and you should, of course, learn them as well as you can. (I keep a printed copy of handgun regulations and legislature in the vehicle, just in case)
 

SouthernBoy

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TheMrMitch wrote:
The sign at my employer's gate asserted their right to search your vehicle. Agree or don't park there. They did indeed bring in dogs and searched at times.

I did manage to NOT get caught even though a dog "hit" on my truck. The searchers found ammo and nothing else.
I may be wrong about this but I don't believe a private company has any authority to search your vehicle. They do not carry the power of law. They can terminate your employment for refusing, however. And if they strong suspect your car might contain proprietary company property, they can call the police. But I'm pretty sure they cannot force you to let them search your vehicle nor detain you for such.
 

unreconstructed1

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hell, even IF Tennessee were to pass a similar law, I'd still be screwed.

I'm a Union construction worker by trade, and probably about 97% of the jobs that I am called to are on TVA or DOE sites, which mean Federal property.

:(

If the money weren't so good, and the economy so bad....

but since both are, I am forced to make the commute unprotected...
 

Tucker6900

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Jblack44 wrote:


[align=left]No employee may possess or use a loaded firearm or other weapon on****** property at any time.[/align]

[align=left][/align]

[align=left][/align]

[align=left]The way I read it it would mean that if it's unloaded I'm okay. All I'm looking to do it lock it in my car while I'm there.[/align]
Does it say anything about having ammo in the car as well? My company states both are prohibited. Guns....and ammo.
 

Decoligny

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MT GUNNY wrote:
Ive never understood this topic!

If you have a Firearm in your Vehicle at work How will your Employer Find out ?

Do Employers have some kind of Judicial Powers to Search your Vehicle, I doubt it.

Even if they Called the Police, they Also would have to have Probable Cause!

If you have a Firearm in your Vehicle at work How will your Employer Find out ?

By conducting random searches of the employee vehicles.

Do Employers have some kind of Judicial Powers to Search your Vehicle, I doubt it.

Employers have the power to tell you that unless you allow then to search your vehicle you will be fired. They don't need a law, they have the power to remove your source of income.

Even if they Called the Police, they Also would have to have Probable Cause!

See above.
 

demnogis

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My company tried to pull that policy on me. I informed them of the lawsuit won against Disney when they tried to say "No firearms or weapons are allowed anywhere on company property." They agreed storing it (locked) in my vehicle would not be scrutinized. Carrying into work, however, is against policy.
 

AbNo

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TheMrMitch wrote:
I worked for a company who allowed NO firearms on their property.

I informed them that my kids had orders to sue them if I was hurt or killed at work, on the way to work, or on my way home.

They found a place for us to store our weapons.:dude:
*applaud*
 

GreenCountyPete

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dreamcro wrote:
I do hope someone can help. I work for an employer who has an anti-gun policy regarding having a gun on the premises, and are trying to push it to Your vehicle also. They can't do that in Arizona, can they. They have a placard in the reception area on the security desk saying no weapons allowed on these premises. Wasn't there something in Florida, between a husband and wife vs, Disneyworld. Security noticed a gun in the couples car in the parking lot, and they were promptly fired. They sued saying it was their right to carry in that state, and won.

Thanks in advance for your input.

Tony

i spoke to a disney employee when i was down thier with the kids in november real nice guy , was telling me about his new taurus judge seem Florida is a right to carry state with a tiny little execption if your employer accpts ordinace shipments like fire works , they are exempt from right to carry on thier premis

as for in your car at disney i don't know

my brother was working for bobcat in bismark north dakota last yearsaid they had a no firearms polocy including thier parking lots , but there is a street that runs between 2 of thier buildings that is technicaly a city street all the guys would park there if they had thier gun in the truck

where i work several of the guys shootsporting claysafter work including the pres and vp , as well as starting may a duck hunting trip from the compmany parking lot so while it states in the employee hand book no weapons at work it seems to be alright to keep them in your car i do for most all of deer season , but we are obviosly a small company with fairly gun freindly senior managment.
 

nh92d

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TheMrMitch wrote:
I worked for a company who allowed NO firearms on their property.

I informed them that my kids had orders to sue them if I was hurt or killed at work, on the way to work, or on my way home.

They found a place for us to store our weapons.:dude:

that's awesome...

don't think that'd work for me cause i have no kids.(but i do have a mother,sister though..)

even though the company i work for has a policy restricting weapons on their property(even in own personal vehical) exemption is something like pepper spray(directed towards females) in which employees must keep in their lockers while in the store..

IMHO-if women can keep their pepper spray in their lockers then i should be able to keep my gun locked up in my car.i work nights(from 9pm-6am) and prefer to still beable to defend myself going to workand coming home...

:banghead: i hate policys
 

XD-GEM

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New Orleans, Louisiana, USA
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This issue is a good example of why gun owners need to band together - pick your organization, NRA GOA JPFO, etc. The laws are not consistant from state to state, even between states which have laws protecting employees' gun storage rights. As noted above, Florida has an exception which Disney is exploiting. Louisiana has no such exception.

The 10th Circuit Court of Appeals ruling cited earlier holds sway only in those states which come under its jurisdiction; the territorial jurisdiction of the Tenth Circuit includes the six states of Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho.

Should this ever make it to the U.S. Supreme Court, then it would apply nationwide. However, it would still not grant storage protection to employees in states without such a statute. That sort of protection would only become available if and when the 2nd Ammendment gets incorporated against the states, and assumes that employee storage would fall under the 2nd Ammendment as a part of "keep and bear arms."
 
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