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Thread: Can my employer search my vehichle without a warrant?

  1. #1
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    I currently am working for a company that has a no weapons on premises rule in their employee handbook which must be signed as being read and understood.

    To bring the story full circle I was called into work to fix a problem after I had gone home and retrieved my pistol (for which I have a ccw permit) and was out in public before being called. Under the guys that this was an emergency I returned to work with my pistol in my normal concealed position, and proceeded to fix said problem when it became nesacary to remove my jacket thus exposeing my concealed weapon i went to my personal tool box put my gun in it locked the tool box then commenced to fix the problem. When the problem was resolved I retrieved my gun put my jacket back on and left.

    Two days had passed and I had forgotten all about the incedent when I was pulled into a private meeting with my two supervisors and was repremanded for having my gun on the premisis. Citing that it is grounds for immediate dissmisal per the employee hand book that I had signed. I was co-operative and agreeable and made it very clear that I am not in the habit of breaking the rules and that they had no concern of it happening again (primarily because I won't be going in to pull anyones biscuts out of the fire anymore) and I understood their concerns.

    It was at the end of the repremanding that both of my supervisors agreed that my gun can not be kept in my car because it is on company property, I seem to remember a supreme court ruling that this is unconstitutional, but I can not seem to find any info. on this ruling.

    I am currently sitting at home after a three day suspension, that was enforced after the weekend and I reurned to work on Monday because of the severity of the infraction. While I was not real familiar with the open carry laws of Nevada having the last two days off has given me some time to do a lot of research and get to know my rights as a lawful gun owner. Anyone out there that has some ideas for help with this I would greatly appreciate it.

    I am not looking to sue the company or anything I just want to be aware of my rights.

  2. #2
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    When you signed acknowledgement of reading the handbook, did you give them permission to search your person or property? That's the question.

  3. #3
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    No unless they suspect theft in which case they can go ahead and call the police as far as I am concerned.

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    IANAL. Your employer does NOT have the right to search your vehicle without your consent. If they walk by your vehicle, and see a gun inside, then they can discipline you. However, if they can't prove a gun is there, and you do not consent to a search, then they are SOL. Even a LEO can't search your vehicle without probable cause that a crime has been, is being, or will be committed (Terry vs. Ohio). Here in AZ, my employer has a no firearms policy as well. They can get bent, because I'm not going to be a potential victim going to and from work. In fact, Arizona has pending legislation to require employers to respect our 2A right to carry in our vehicles, while on company premises. You should lobby your state reps for this as well.

  5. #5
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    They can't search your vehicle, unless like it was said before, you agreed to it by initialing the handbook thingie.


    I'd bet yer ass you don't ever forget to make sure you're concealing again though, am I right?

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    I didn't forget I did not have a safe place in my opinion to leave my gun. The glove box is not exactly secure if you ask me. The neighborhood is not the greatest.


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    Infidel1 wrote:
    I didn't forget I did not have a safe place in my opinion to leave my gun. The glove box is not exactly secure if you ask me. The neighborhood is not the greatest.
    That must have been very frustrating. It seems that almost every problem at work is an emergency, the question being, is it your emergency? :P

    It'd be nice if you could subtly mention that you were reprimanded for helping them out the next time that same person/persons ask for assistance, and that you unfortunately have a previous engagement .

    Regarding your question concerning your employer searching your vehicle. If you drive a big truck you can look into a hidden console safe, otherwise just get a car safe. Even if they can search your vehicle (which I doubt) when they hit the safe they are SOL. You can also mention that your meds are inside, and that your prescriptions are confidential.

  8. #8
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    Nice I like the scrip idea, and I picked up a car safe that has a cable that attaches to the car seat and fits nicely under my driver seat with ready access not bad for forty bucks but I would have preferred a little better access option than just a key can't complain though huh.

  9. #9
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    Infidel1 wrote:
    [SNIP] but I would have preferred a little better access option than just a key can't complain though huh.
    There are combo lock and simplex lock car safes out there, if you feel like returning the one you bought.

    I.E.

    http://www.cabelas.com/cabelas/en/te...amp;hasJS=true



  10. #10
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    1. They do not have a right to search your vehicle.

    2. They do have a right to fire you if you refuse to let them search.



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    Thanks for the heads up diesel I am gonna give the key locked one to my wife and go get me the combo good looking out thank you.

    KB thanks for the clarity I don't think they will search my car but I am wiling to flip burgers or dig ditches to stand up for my constitutional rights. Also this being an at will employment state they could fire me for talking funny as long as they don't word it that way. Again thank you.

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    Unless you are employed by the police/government, then they would have to have a warrant.
    But you have the right to charge them with B&E, for entering your locked vehicle.
    Tresspass them at the very least.
    Best thing to do is get a FL licence plate.:?

    I hope you kept your copy, so they can't use a different one against you.
    The only one I ever signed had so many handwritten exceptions I made them put in
    before I agreed to take the job.
    There were no gun policies to even worry about, but the compete clauses
    had to go as written.


  13. #13
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    I don' have an answer to you question about if they can search with or without a search warrant but I did ask a lawyer one time about a similar situation and he said he really didn't know. Until the situation actually arises I don't think anyone can give a full and accurate answer.

    A few things to think about when we talk about a gun in your car while on company property. First does your company require you to park onits property? This could have a major impact on the decision. If you think about it probably less than 50% of all the workers in the US are actually provided a parking space to use while at work. It is not a requirement of a company to do that so they are providing a "perk" to you by providing a place to park. This could certainly come into any court decision. If you don't want them to search your car then don't park on their property.

    Second is what expectation of privacy does an employee have. If you use email while on company property then your email is fully availableto the company including any private email address that you use. Can they search your person while at work. How does drug testing fit into the privacy expectation?

    What if you car pool and leave your gun in the other person's car while at work. Do you have the same expectation that he does?

    I think the OP case was interesting that you were called into work during the off hours as I understand it. If you are called in on an emerency do the same rules apply. In your case they claimed they did but I am not sure.

    As the lawyer said until an actual case comes up you can't vbe sure and then only when the trial is over.

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    ...just a suggestion because it's not my job on the line...but I would go to the highest person in the company that I could reach, and explain that you were on your own time and they called you with an emergency that required your immediate response, and since they specified emergency, you came directly to the job to save the company expense or downtime that would have occurred if you had gone home to secure your weapon...you put the company first...and secured your weapon in a safe and responsible fashion...helped them with the problem, and then got the shaft as your thanks....it is totally unreasonable...I think a lawyer could turn it into a successful lawsuit...they are morally wrong and had you protected yourself by refusing to come on an emergency basis....you would have been right...so you stuck your neck out for them and it bit you in the butt...disgusting....

    ...now that they've done this...look forward to them messing with you in the parking lot if your signing the employee handbook means what it usually does...it's worded to show that you're agreeing to what's in there as consideration for accepting employment...some states have passed and some are trying to pass legislation allowing you to leave it in the car....

    I would say discuss this with noone at work except for the above management and with noone who anyone at work knows...your butt is kinda in a rat trap now...I'd be real careful....years ago, employers woulda said don't worry about it and can I buy your supper..........sorry.....

  15. #15
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    If you write a letter to your company make sure all the spelling and
    grammar is correct.
    Guys should be guise and also incident has two i's not two e's.
    Good luck, the economy stinks and people get fired for a lot less.
    Maybe you can park off company property.

  16. #16
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    Major Victory for American Workers' Right to Self-Defense

    Wednesday, February 18, 2009


    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.

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

  17. #17
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    So, does the OP live in the jurisdiction of that court? or is it binding in every circuit?

  18. #18
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    chrsjhnsn wrote:
    So, does the OP live in the jurisdiction of that court? or is it binding in every circuit?
    The OP does not list his location but this court ruling came from a court of appeals which is a higher court.

    Read the article. The NRA filed against employers restricting their worker's Constitutional rights and won. That should be binding in EVERY state.

  19. #19
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    Love it makes that membership all the more worth it!!

  20. #20
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    Infidel1 wrote:
    Love it makes that membership all the more worth it!!
    You betcha!!! ......I'm a Life Member.

  21. #21
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    It should be the duty of every law-abiding gun owner to become a member of the NRA.

    Join whatever other group you want but join the NRA!!!

    I am a member of the Silver State Shooting Sport Association, Nevada Gun Owners, The Second Amendment March (formerly the Million Gun Owner March)and a FrontLine volunteer for the NRA-ILA. I am also registered with Gun Owners of America but I am not yet an "official" member.

  22. #22
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    I wonder how this affects areas such as school parking lotswhere they are prohibited by state law.

  23. #23
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    PT111 wrote:
    I wonder how this affects areas such as school parking lotswhere they are prohibited by state law.
    There is currently under consideration passing a law that allows teachers to carry on campus.

    My understanding is that your car is an extension of your home and that is why constitutional rights apply when you are in your car and to whatever possessions are in the car.

  24. #24
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    HuckleBilly wrote:
    There is currently under consideration passing a law that allows teachers to carry on campus.
    There is?

    Senator Beers had a such a bill in 2007 - but, UNFORTUNATELY, he was not re-elected.

  25. #25
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    varminter22 wrote:
    HuckleBilly wrote:
    There is currently under consideration passing a law that allows teachers to carry on campus.
    There is?

    Senator Beers had a such a bill in 2007 - but, UNFORTUNATELY, he was not re-elected.
    I am not sure where I heard about it and if it was even in Nevada but Bob Beers is a great pro-gun politician.

    If I find out anything more, I will post it on teachers and guns on campus.

    I do know that it was being considered to allow teachers to defend themselves against armed and hostile students.

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