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Thread: Car carry rights

  1. #1
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    How's it going Tennesseans

    I have some in-laws up there thathave recentlyaquired HCP's. However, they both work at plants and thecompany policy is no guns on company property including in your car in the parking lot.

    I'm wondering howTnlaw treats your car and if it really allows for companies to banyou fromleaving afirearm in yourvehicle while said vehicle is on company property?I understand that they can ban you from carrying it in the building, but in your car in a parking lot I'm not really seeing.

    If you can help out, I'd ask for a state code reference. Thanks in advance.

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    Regular Member Fallguy's Avatar
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    Yes, they can ban a gun in a car even in the parking lot.

    In TN you can not even have a loaded weapon in your car unless you have a permit. So TN does not treat your car as an extension of your home like some other states do.

    T.C.A. 39-17-1359 says a property owner can ban firearms anywhere on their property.

    So if the employer does not have a sign posted and has only stated, either verbally or in an employee handbook, that weapons are not allowed, then you would not be breaking the law by having on in your car,just company policy. So it is likely you would be fired if they found out and/or you refused to allow your vehicle to be searched.

    Thereare a couple ofbills HB1395 and HB1793that has been sent to summer study that would allow employees to keep a handgun locked in their vehicle on company property.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    Thanks for the info.

    Quote Originally Posted by Fallguy
    So it is likely you would be fired if they found out and/or you refused to allow your vehicle to be searched.
    Wouldn't this be discrimination? Firing a man for exercising his rights. Provided the cost of a law-suit may not be worth it, butone should be able to take that to court and retainone's job shouldn't one?

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    Regular Member Fallguy's Avatar
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    jerg_064 wrote:
    Wouldn't this be discrimination? Firing a man for exercising his rights. Provided the cost of a law-suit may not be worth it, butone should be able to take that to court and retainone's job shouldn't one?
    I think it is, but I don't think the law does.

    Open carry is legal in TN, but the AG has said a property owner can regulate the manner in which you carry on their property.

    Also the law does expressly allow property owners to restrict your right to carry on their property.

    So if you are given notice that the company does not allow weapons...I really don't think you'd have much legal ground to stand on.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    I see what your getting at. But they can't prove you have a firearm in your vehicle if you don't allow the search of it and if the LEOs don't have PC or RAS, so the case would be made on infringement of the 4A, not the 2A.

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    Regular Member Fallguy's Avatar
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    I hear ya...

    All I can say is I've never done or said anything to give my employer a reason to want to search my vehicle.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    jerg, remember that the police don't have to be involved. ifyour employer saysthey think you have a gun in your car, and they say either let us search or you will be fired, they have that ability.

    Remember, you are on their property. You are their employee. they can fire you for any or no reason whatsoever, except for a very smallgroup ofdiscriminatory reasons. Andthose are easy toget around.

    Tennessee has not yet expanded the employee protections to include possessing a weapon in your vehicle on someone elses private property.

    Hope this helps,

    Pol

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    jerg_064 wrote:
    I see what your getting at. But they can't prove you have a firearm in your vehicle if you don't allow the search of it and if the LEOs don't have PC or RAS, so the case would be made on infringement of the 4A, not the 2A.
    First, IANAL. As I understand it, Tennessee is an "at-will" state with regard to employment. Most likely, the company's employee handbook says that employee cars can be searched while on company property at any time. If one accepts employment in Tennessee, one accepts the terms of employment as expressed in the employee handbook. If the handbook says the employer can search employee cars, and the employee refuses a search, that too is grounds for termination of employment--and it would not be a Fourth Amendment issue. The settled law (if there ever truly is such a thing) is that one violated a condition of employment in this scenario by refusing the search.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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