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Thread: quick question about KRS 237.106

  1. #1
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    quick question about KRS 237.106

    hey guys how's everyone doing this fine evening? pretty good here. I am the new proud recipient of my Kentucky CCDW license as of this past Monday and i have a quick question about that KRS number.

    Ok first here is the law incase anyone wondered. Copied straight from http://www.lrc.ky.gov/krs/237-00/106.PDF

    237.106 Right of employees and other persons to possess firearms in vehicle -- Employer liable for denying right -- Exceptions.
    (1) No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property.
    (2) A person, including but not limited to an employer, who owns, leases, or otherwise occupies real property may prevent a person who is prohibited by state or federal law from possessing a firearm or ammunition from possessing a firearm or ammunition on the property.
    (3) A firearm may be removed from the vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property.
    (4) An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section.
    (5) The provisions of this section shall not apply to any real property:
    (a) Owned, leased, or occupied by the United States government, upon which the possession or carrying of firearms is prohibited or controlled;
    (b) Of a detention facility as defined in KRS 520.010; or
    (c) Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property.
    Effective: July 12, 2006
    History: Created 2006 Ky. Acts ch. 240, sec. 8, effective July 12, 2006.

    Ok here is my question. Ok i work at Toyota Motor Manufacturing in Georgetown. Now some of my co workers and my sister as well swares up and down that if they know i have my pistol in my car in my glove box or where ever that they can either search my car and if i dont comply with that they can fire me. Ok now according to this KRS they cannot. Whos correct here? from my understanding they cannot do such considering i am a Legal gun owner. See the confusion comes from the fact that the plant is a trade zone. But the signs are NOT posted at the parking lots Just at the gates that we have to badge in at. If i wanted to guess it would have to Post it at the parking lots and they would have to be fenced up correct? the lots are NOT fenced the only thing is they have little gates to the enterences of the lots that are down only when we are at work.

    so someone please enlighten me on this? thanks a ton guys and gals...

  2. #2
    Regular Member hotrod's Avatar
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    Sure they can fire you. They don't even need a reason. But, if they fire you for having a gun in your vehicle, you can sue and recover damages and attorney's fees. That is what the provision says. Also, they cannot search your car because they want to. They can force you off the property, but they cannot search without your consent.

    (4) An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section.
    Last edited by hotrod; 07-31-2011 at 06:41 PM.
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    But I can have ky in the car right? they have told me some one not long ago got fired for it.

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    Regular Member hotrod's Avatar
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    If they fire you, you can ask the judge for an injunction and sue for any loss, including attorney fees.
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    Nice man thanks a bunch for your help. Everyone thinks toyota is it's own place with it's own laws. It gets old real fast lol.

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    My father worked for Toyota in Indiana. According to him--he's not a lawyer or management. Toyota claims to be a "federal trade zone" and it would be the federal laws that prohibit weapons. Don't know if this is true. Either way, if you keep it out of sight and don't tell everyone you know that you have a gun in your car, you should be just fine.

    I live in Georgetown--let me know if you want to grab something to eat or drink sometime!

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    Quote Originally Posted by langzaiguy View Post
    My father worked for Toyota in Indiana. According to him--he's not a lawyer or management. Toyota claims to be a "federal trade zone" and it would be the federal laws that prohibit weapons. Don't know if this is true. Either way, if you keep it out of sight and don't tell everyone you know that you have a gun in your car, you should be just fine.

    I live in Georgetown--let me know if you want to grab something to eat or drink sometime!
    Yeah that's were we are confused... The whole trade zone stuff. But as I said the signs are at the gate to enter the building not the lot. and yeah man well have to do that sometime or even go shooting sometime.

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    just because they are in a federal trade zone doesnt mean anything. That is all it is, is a zone, it is not federal property, it is private property owned by the toyota corporation. I had a local company here in ashland in ak steel that was banning firearms on their property in employee owned vehicles, and threatening firing neone they caught. Needless to say I was upset, because it was my uncle that worked there. after several calls to management, and threatening a lawsuit if they deprived him of his rights granted by state law, they gave a little. Toyota is such a big company it would be hard to fight, but if you remember in oklahoma they passed the same law we have, and i think whirlpool and some other company filed to have the law removed, once it got to a federal appeals court, it died. Point being, federal coury already said it is valid..

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    Quote Originally Posted by KYGlockster View Post
    just because they are in a federal trade zone doesnt mean anything. That is all it is, is a zone, it is not federal property, it is private property owned by the toyota corporation. I had a local company here in ashland in ak steel that was banning firearms on their property in employee owned vehicles, and threatening firing neone they caught. Needless to say I was upset, because it was my uncle that worked there. after several calls to management, and threatening a lawsuit if they deprived him of his rights granted by state law, they gave a little. Toyota is such a big company it would be hard to fight, but if you remember in oklahoma they passed the same law we have, and i think whirlpool and some other company filed to have the law removed, once it got to a federal appeals court, it died. Point being, federal coury already said it is valid..
    Nice. Great info my friend. Thanks. That is how I thought of it. Everyone here thinks toyota is it's own government etc and ky laws don't apply but I knew they did. Thanks again.

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    Just be careful with this. I agree with you all philosophically, I want you all to be right, I think you may be right. Still, that doesn't mean you're right. I know I'm not well versed with federal law and can't say for sure how these "trade zones" work or if Toyota is even designated one.

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    Quote Originally Posted by langzaiguy View Post
    Just be careful with this. I agree with you all philosophically, I want you all to be right, I think you may be right. Still, that doesn't mean you're right. I know I'm not well versed with federal law and can't say for sure how these "trade zones" work or if Toyota is even designated one.
    I know how federal law works, since that is what I do for a living, and there is no such thing as a "trade zone" regulated by the federal government. This is a private corporation doing business within the Commonwealth. They are afforded no special protection, only state tax breaks. The only possible problem, and it is highly unlikely, is the rail cars, they would be protected under the Department of Transportation regulations and laws. That would not cover the carrying of a firearm in your car.
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    According to the Federal government, Toyota Motor Manufacturing is a "Foreign Trade Zone".
    http://ia.ita.doc.gov/ftzpage/letter....html#kentucky

    I cannot, however, find any law banning firearms in FTZs. Again, while I agree with you guys 100% philosophically, if it were me and I was employed by Toyota, I don't know if it would be a battle I would want to fight. If it were me, I would just CC and clam up about it.

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    Quote Originally Posted by langzaiguy View Post
    According to the Federal government, Toyota Motor Manufacturing is a "Foreign Trade Zone".
    http://ia.ita.doc.gov/ftzpage/letter....html#kentucky

    I cannot, however, find any law banning firearms in FTZs. Again, while I agree with you guys 100% philosophically, if it were me and I was employed by Toyota, I don't know if it would be a battle I would want to fight. If it were me, I would just CC and clam up about it.
    What is a Foreign-Trade Zone?
    Simply, it is a secured place authorized by the federal government, considered to be outside the Customs territory of the United States though under U.S. Customs supervision and control.

    It is about the ability to tax or not tax and inspect shipments from overseas. Nothing that would interfere with your rights as a citizen of the Commonwealth. Direct shipments are recieved and not stopped at a bonding warehouse for inspection.
    http://www.cbp.gov/xp/cgov/trade/car.../about_ftz.xml
    Last edited by hotrod; 08-03-2011 at 10:27 AM.
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    Thanks guys. of course I can't cc inside lol but I'll leave my xd in the glove box and zip my lips up lol.

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