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Employee rights: keeping a firearm in vehicle.

dreamcro

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Aug 11, 2007
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Maricopa, Arizona, USA
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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
 

Task Force 16

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I don't know what the statutes are in Arizona on this, but regarding the incident you refer to in Florida, if someone can see a firearm inside your car from outside, it's not stored properly. If you have to leave you firearm in your vehicle it should be well concealed from view, otherwise you are inviting a breakin of your vehicle.
 

dreamcro

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My side arm is well out of view. I'm just worried about possible vehicle searches. Due to the nature of the business I work for( confidential) they are thinking, of random searches. And a slew of layoff's has not helper either.
 

Kimberdude

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My employer has a Policy Directive stating no firearms at work, or on any premises owned by employer. Where I park my vehicle is in a security gated, locked fenced lot so I don't really have too many worries about having a firearm locked safely in my car. They (the employer) have not stated that they will be responsible for my safety to and from work and wherever I came from or are going to after work, so I will continue to keep it in my BOG in the car when at work. Period.
 

dreamcro

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Let me explain, My company is not actively looking for weapons. It does look to see if any confidential or proprietary property that has been pilfered. firearm are an afterthought.
 

Task Force 16

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I just looked throught the Arizona Statutes and couldn't find anything on leaving firearms in vehicles in parking lots.

I would think that if your empoyer is concerned with employees smuggling "confidential or proprietary" items out of the building they would search you as you exited the building.
 

wrightme

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Fallon, Nevada, USA
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Task Force 16 wrote:
I don't know what the statutes are in Arizona on this, but regarding the incident you refer to in Florida, if someone can see a firearm inside your car from outside, it's not stored properly. If you have to leave you firearm in your vehicle it should be well concealed from view, otherwise you are inviting a breakin of your vehicle.
Is "stored properly" a statutory requirement in the Florida case? If not, it is not relevant.
 

Task Force 16

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wrightme wrote:
Task Force 16 wrote:
I don't know what the statutes are in Arizona on this, but regarding the incident you refer to in Florida, if someone can see a firearm inside your car from outside, it's not stored properly. If you have to leave you firearm in your vehicle it should be well concealed from view, otherwise you are inviting a breakin of your vehicle.
Is "stored properly" a statutory requirement in the Florida case? If not, it is not relevant.

What I meant by "stored properly" was "well hidden from view". If noone can see the firearm from outside the vehicle, they won't know it's there.

No reference to legal statute, just a little common sense.
 

dreamcro

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Task Force 16 wrote:
I would think that if your empoyer is concerned with employees smuggling "confidential or proprietary" items out of the building they would search you as you exited the building.

And that they do. The weapons thing, is my only concern. We go thru more stringent security leaving work than TSA gives you in an airport. I am most interested if they can do anything to me by having a sidearm in my vehicle, when they say it is prohibited on the premises. I want some case law to back me up just in case I get pinched. The security head wants periodic searches of vehicles. I hope the company won't give it to them. it has been an on going battle.
 

wrightme

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Task Force 16 wrote:
wrightme wrote:
Task Force 16 wrote:
I don't know what the statutes are in Arizona on this, but regarding the incident you refer to in Florida, if someone can see a firearm inside your car from outside, it's not stored properly. If you have to leave you firearm in your vehicle it should be well concealed from view, otherwise you are inviting a breakin of your vehicle.
Is "stored properly" a statutory requirement in the Florida case? If not, it is not relevant.

What I meant by "stored properly" was "well hidden from view". If noone can see the firearm from outside the vehicle, they won't know it's there.

No reference to legal statute, just a little common sense.
So storage is irrelevant to statute and legality. Common sense to keep it hidden, but unless it is a statutory requirement, it doesn't affect legality.
 

Task Force 16

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dreamcro wrote:
Task Force 16 wrote:
I would think that if your empoyer is concerned with employees smuggling "confidential or proprietary" items out of the building they would search you as you exited the building.

And that they do. The weapons thing, is my only concern. We go thru more stringent security leaving work than TSA gives you in an airport. I am most interested if they can do anything to me by having a sidearm in my vehicle, when they say it is prohibited on the premises. I want some case law to back me up just in case I get pinched. The security head wants periodic searches of vehicles. I hope the company won't give it to them. it has been an on going battle.

I think it depends on how Arizona statutes define "premises". Many states define premises as being "within a building or dwelling". Parking lots normally fall under the definition of "Porperty".

Is the parking lot where you work fenced in with a manned gate? If so, have you seen any notices at the gate prohibiting firearms past the gate?

I only looked in the Statute Chapter regarding firearms and didn't find anything there on this. I didn't look in any of the other chapters.
 

Tucker6900

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I had the same issue with my previous employer. They were having issues with some employees stealing prototype parts and decided to start searching vehicles leaving the premisis. They once came upon my gun safe under the seat. When asked what was in it, I told them nothing. Which was true.

I opened it once in the 3 years I worked there. And thats all it took. After the initial check of the box, they didnt bother asking anymore.I eventually started storing my sidearm there.

Its definately a sticky situation. Controversial as well.
 

Jblack44

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Sep 22, 2008
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Westland, Michigan, USA
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Since I'm waiting on my CPL I started to do some ivestigation into my companies policy regarding weapons. I'm not concerned with carrying inside the office. But I want it with me for travel to and from. So here is what is stated in the handbook

[align=left]10.02 Possession of Weapons and Violent Acts[/align]

[align=left]No employee may possess or use a loaded firearm or other weapon on****** property at any time.[/align]
[align=left]Fighting or otherwise attempting to injure or injuring another person, whether or not during[/align]
[align=left]business hours or on**** property, is unacceptable.[/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]
 

thx997303

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Lehi, Utah, USA
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We're pushing a parking lot pre-emption bill here in Utah.

Would allow us to keep a firearm stored in the vehicle while at work, and not get fired for it.
 

TheMrMitch

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Jun 9, 2008
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Hodgenville, Kentucky, USA
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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:
 

MT GUNNY

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Jul 21, 2007
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Kalispell, Montana, USA
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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!
 

TheMrMitch

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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.
 
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