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Thread: A friend may need help, was told to leave work and not come back until contacted

  1. #1
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    He works in an office building that is a gun free zone, but the "no guns" sign is at the door entering the building, not at the entrances to the parking area. The parking area is wide open to the public, no fences, gates, checkpoints or etc.

    On friday, he was asked if he had a handgun in his vehicle and when it was confirmed that he did, he was told to leave the premises and would be contacted by a supervisor.

    He has been employed at this place for quite a few years and doesn't know if he signed any thing or not when he was hiredsaying he wouldn't have a handgun in his vehicle.

    From what I understand, the security made him let them search his vehicle and then took pictures of the handgun.




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    If the parking lot is open to the public, why is security searching vehicles??

    He needs to contact a labor attorney--fast. What authority did security have to search the vehicle?

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    Sounds as if some details are missing here. If it is a public parking lot then they don't have any control over it as far as guns go and surely no right to search his vehicle.

    Sound like an attorney needs to get involved if what you stated is correct.

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    Unless the parking lot is posted or the company has a clearly stated policy prohibiting employees from bringing a firearm onto the property (as opposed to the work environment), the employee should be covered by the fact that MS law specifically allows citizens to have a firearm in their vehicle.

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    I'm sorry, I should've worded it better, the parking area is consideredprivate, not 'open' for the public to park there, but thereare no fences,gates or guards to keep anyone from walking or driving into or through the parking area.

    I have already suggestedhe find anattorney who specializes in work or employement related claims. I am sure that is what he is doing this morning.

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    He might also want to make his employer aware of this statute:

    45-9-55. Employer not permitted to prohibit transportation or storage of firearms on employer property; exceptions; certain immunity for employer.
    (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.
    (2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.
    (3) This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.
    (4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.
    (5) A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.
    Sources: Laws, 2006, ch. 450, ยง 2, eff from and after July 1, 2006.


    He may call me if he wishes: 662.234.1711 x3

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    Until the details are known we can only speculate. There are a lot of unanswered questions such as how they found out he had a firearm in his vehicle, etc. He violated no law by having a firearm in his vehicleunless it was a location prohibited by statute. I guess the real question is how can we help?

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    Imay know more later today.

    He is a fellow OCer (although not active hereon OCDO), so some co-workinganti-gunnerprobably saw him on his off hours somewhere.

    He also has a MS Firearms Permit.


    edited to add "co-working".

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    My friend has spoken to a lawyer and it was suggested that he send a letter to his employer like the one below, what do ya'll think?





    To whom it may concern:



    On Friday, August 14, 2009, I was escorted off the premises and told not to come back due to having a firearm in my vehicle. According to Mississippi statute 45-9-55, I have the legal right to carry and store my handgun in a locked vehicle while at work if the vehicle is parked in an unrestricted area that is easily accessible by the public.



    While I can understand your concerns of the liabilities you may incur by allowing employees to exercise their right to keep a firearm in their personal vehicle, Mississippi law section 45-9-55(5) clears the employer from any and all liabilities that may be incurred from the improper use of a firearm by an employee.



    At this point, I respectfully request to be put be back to work and be compensated for the time that I was wrongly suspended.



    Respectfully



























    Mississippi Statute 45-9-55. Employer not permitted to prohibit transportation or storage of firearms on employer property; exceptions; certain immunity for employer.
    (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.
    (2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.
    (3) This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.
    (4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.
    (5) A public or private employer shall not be liable in a civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section.


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    Concise and to the point. Lets the employer know that he has violated the law and puts the ball in his court to correct the situation. I like it.

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    Looks like the law is on your friends side this time.

    Let us know how it turns out.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    Sounds like victory, he was put back to work and is being compensated for the time that he was wrongly suspended.

    He also said the company is going to post signs at the entrances to the parking areathat statesthe parking area is restricted and therefore no guns will be allowed, but from what I understand, there has to be a fenced parking area witha gateand some kind of security checkpoint in order for the company to prohibit guns in the parking area.

    I am also going to suggest the he keep a journal of the things that have happened just incase they start trying to figure out a way to fire him for spite.

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    Good news. Glad to hear he's back at work. I'm sure the company's lawyers will determine what they need to do in order to prohibit employees from having guns in their vehicles. It's a shame that they don't care about the safety of their employees but that is par for the course these days. I assume it's not a retail business that we could influenceby making it known we will find other places to spend our money if the sighns go up.

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    Greetings guys from WIsconsin- arm pit of the midwest. I stopped by your state site when I saw what was going on. I can relate a story- with a warning: A number of years ago, my employer trumped up some complaints against me, and fired me. To cover their tracks, and keep me buisy, they leaned on the drug dealing/using scum employees to back the company up. They all went to the civil authorities, and made me out to be a "terrorist" because I OWNED guns. I had the local two bit cops follow me around, and lean on me for 2 years after. No charges were ever filed against me, nor was I even given the names of the "complaintants". I went to a local lawyer, and he told me (and I quote): This is Amerkica.........with a K. Get my drift? Watch your back. It ain't over.

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    JT wrote:
    I'm sure the company's lawyers will determine what they need to do in order to prohibit employees from having guns in their vehicles. It's a shame that they don't care about the safety of their employees but that is par for the course these days. I assume it's not a retail business that we could influenceby making it known we will find other places to spend our money if the sighns go up.
    If you're right, it's due to the employee who admitted he had the gun in his car.

    I'm still trying to figure out why he a) admitted he had a gun in the car, and, b) allowed security to search his car.

    Hope he's a union member...

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    HankT wrote:
    JT wrote:
    I'm sure the company's lawyers will determine what they need to do in order to prohibit employees from having guns in their vehicles. It's a shame that they don't care about the safety of their employees but that is par for the course these days. I assume it's not a retail business that we could influenceby making it known we will find other places to spend our money if the sighns go up.
    If you're right, it's due to the employee who admitted he had the gun in his car.

    I'm still trying to figure out why he a) admitted he had a gun in the car, and, b) allowed security to search his car.

    Hope he's a union member...
    You still doing the 'Monday-morning-quarterbacking' I see.


    I guess we all need to put your number on speed-dial so we can call for advice when something like thishappens, because most of us don't really know exactly what to do in these situations.

    But Hank, you are right. I am sure if he refused to let security search then they would have said "Well allrighty then, you have a nice day!" and everyone would have lived happily ever after.



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    McX wrote:
    Greetings guys from WIsconsin- arm pit of the midwest. I stopped by your state site when I saw what was going on. I can relate a story- with a warning: A number of years ago, my employer trumped up some complaints against me, and fired me. To cover their tracks, and keep me buisy, they leaned on the drug dealing/using scum employees to back the company up. They all went to the civil authorities, and made me out to be a "terrorist" because I OWNED guns. I had the local two bit cops follow me around, and lean on me for 2 years after. No charges were ever filed against me, nor was I even given the names of the "complaintants". I went to a local lawyer, and he told me (and I quote): This is Amerkica.........with a K. Get my drift? Watch your back. It ain't over.
    That would have been a good indication to find a different lawyer.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Mississippian wrote:
    Sounds like victory, he was put back to work and is being compensated for the time that he was wrongly suspended.

    He also said the company is going to post signs at the entrances to the parking areathat statesthe parking area is restricted and therefore no guns will be allowed, but from what I understand, there has to be a fenced parking area witha gateand some kind of security checkpoint in order for the company to prohibit guns in the parking area.

    I am also going to suggest the he keep a journal of the things that have happened just incase they start trying to figure out a way to fire him for spite.
    If this was happening in Nevada, I would suggest your friend begin speaking to the ACLU. Also, he may wish to keep that lawyer around for a bit if the company is already attempting to enforce their attempt at prohibition.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Those are the reasons I put the word 'sounds' in the post, and I don't think the lawyer is 'too far away' from following what all is going on.

    The bad thing about it, is we all know if an employer wants to get rid of an employee, they will find a way to do it legally, my friend knows this and doesn't want to rock the boat too much, but he isn't wanting to give up his rights either.

    He is probably going to start CCing instead of OCing when he stops for breakfast in the mornings before work, that is one reason he didn't deny having the handgun because many of his co-workers had seen him OCing before and after work, I guess he could've hidden it under a rock or something off premises then went in to work:shock::P.



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    Mississippian wrote:
    But Hank, you are right. I am sure if he refused to let security search then they would have said "Well allrighty then, you have a nice day!" and everyone would have lived happily ever after.
    So, the question is: Why didn't he decline?

    It shows one of the clear benefits of online forums such as OCDO. Reading about these cases helps us avoid mistakes.



    Mississippian wrote:
    He is probably going to start CCing instead of OCing when he stops for breakfast in the mornings before work, that is one reason he didn't deny having the handgun because many of his co-workers had seen him OCing before and after work, I guess he could've hidden it under a rock or something off premises then went in to work:shock::P.

    Uhm, won't his friends who supposedly turned him in before be on the lookout for him to still be carrying--and pass on their observations to management again?

    The summary of this case, if your observation is correct,is that although he hasa perfect right to carry (OC or CC), he has gotten himself into a bind because of OC.

    Just one of those negative aspects of OC. Plenty of positive aspects, 'course.

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    Why didn't he decline?
    I believe hindsight being 20-20, he probably wishes he would've. But at the time, he felt it better to let them look.

    He said they unloaded it, wrote down the serial# and took pictures. I am sure he could sue them for something, but he also needs food, shelter & clothing, therefore, he said he's not going to push the issue and is going to "lay low" for a while.

    He has a good paying job with quite a bit of seniority, it would be a shame to lose a job like that in these economic times over something that could easily be forgotten about as long as his handgun or holsteris never seen on or near company premises again. Keyword: seen

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    Hi guys/gals,

    I am the "friend" of Mississippian that had the trouble at work.

    First I would like to thank gunluvinattyand Mississippianfortheirhelp in resolving the issue. I know who I am going to call if I need help in the future.

    As for why I let the security personel search my vehicle -- AsI understand, It is company policy to alow the search. If I had refused, I would have been terminated on the spot. I would imagine there are somelaws out there that would have protected me from that too.Maybe I made a poor choice to alow the search.

    As stated in a previous post, I work for a VERY large company that has BOTTOMLESS pockets. I would not have been able to out lawyer them. Dont get me wrong, I would love to keep fighting the battle with them, but again, in this economy its not a wise thing to do.

    Anyway, I will have to start watching this forum and making more posts though because the information here is very helpfull.

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    I know the feeling about job security. 26 years with Exxon and they TRIED to terminate me too. Never did find my gun, so they went another route.....and failed.

    I now have been collecting my pension for 12 years. La De Dah.....NEVER give up.

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    blksheep wrote:
    I am the "friend" of Mississippian that had the trouble at work.

    First I would like to thank gunluvinattyand Mississippianfortheirhelp in resolving the issue. I know who I am going to call if I need help in the future.

    As for why I let the security personel search my vehicle -- AsI understand, It is company policy to alow the search. If I had refused, I would have been terminated on the spot. I would imagine there are somelaws out there that would have protected me from that too.Maybe I made a poor choice to alow the search.
    Good to have you aboard, blksheep.

    This "company policy" you mention. Is this something you contractually agreed to?



    blksheep wrote:
    Anyway, I will have to start watching this forum and making more posts though because the information here is very helpfull.
    Do you think it was your co-workers that provided info to your employer about yourgun carrying, as Mississippiansuggested?

    Have you decided to begin CCing on your way to/from work and at your breakfast stops?

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    I have been looking through our policies, but have not found anything yet regarding searching of employee private vehicles.

    I do still belive it was a co-worker that turned me in. I just found out today, that same co-worker told another guy I is not legal for me to OPEN carry and it that it does not matter if I have a permit or not. He should know, he is a reserve LEO, and he knows it all.

    I have had several other co-workers tell me they are now going to bring their firearms and not worry about it being inside thier locked vehicles. EVEN IF the company posts signs. I was supprised at how many others felt the same way.

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