Firearms in Car at work

[Walkeraviator]

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According to KRS 237.110(17) no employer can tell me that I cannot have a firearm in my car while at work. However, I work for a company based in another state and the employee handbook says i cannot have a firearm in my car on company property. Funny thing is they dont own any property where my car parks, but others in the company but working in different states have been let go for having a gun in the car.



My question is, how do I approach the company about educating them on KY state law?

 

[Statesman]

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Walkeraviator wrote:

According to KRS 237.110(17) no employer can tell me that I cannot have a firearm in my car while at work. However, I work for a company based in another state and the employee handbook says i cannot have a firearm in my car on company property. Funny thing is they dont own any property where my car parks, but others in the company but working in different states have been let go for having a gun in the car.



My question is, how do I approach the company about educating them on KY state law?

I'm not a lawyer, this is not legal advice, etc.. do your own research.

My understanding is as follows:

I am not sure how this KRS applies to an out of state employer, but for IN state:

You don't need to educate them on state law. As long as your car (not a company car) is on their property, the law gives you the right to store a firearm in your glove box, if you are a CCDW holder, period. Your employer has a duty to recognize this right. If they do not, and they fire you, you can sue them for violation of your rights. $$$$$$$

Again, this right does not extend to a company car. I believe, as long as you are in KY, the KRS you cited above applies to you, but I don't know about your out of state employer. If they are doing business in the Commonwealth of KY, the law may still apply to them.

Due to the out of state nature of your situation, you should really consult a lawyer on this matter. I know I would!

 

[Butterbone]

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Similarly I can't leave my gun in the glovebox because I work and park at the airport.

It's just a no go.

Here is one I don't understand. Boyscouts. They told me that if I go with my son on the big boy scout hike or camp out in Red River Gorge that I can't carry a sidearm and that he can't strap his .22 rifle to his pack.

I think this is rediculous. It's not boyscout property. We are in a state park with snakes and coyotes and I am not camping out overnight in the gorge without at least my pistol.

I'm not even considering the drunk and high yahoo's who go down there to camp so they can run amok in the woods.

I told the scout leader that I don't believe under the circumstances that he can stop us from carrying legally owned firearms on a camping trip just because we are going on the trip with a group of boyscouts, (who al get firearms safety training in the first place).

He said he will have to research it, but because of that we already missed the first hike and camp out of the year.

 

[Statesman]

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Butterbone wrote:

Similarly I can't leave my gun in the glovebox because I work and park at the airport.

It's just a no go.

Here is one I don't understand. Boyscouts. They told me that if I go with my son on the big boy scout hike or camp out in Red River Gorge that I can't carry a sidearm and that he can't strap his .22 rifle to his pack.

I think this is rediculous. It's not boyscout property. We are in a state park with snakes and coyotes and I am not camping out overnight in the gorge without at least my pistol.

I'm not even considering the drunk and high yahoo's who go down there to camp so they can run amok in the woods.

I told the scout leader that I don't believe under the circumstances that he can stop us from carrying legally owned firearms on a camping trip just because we are going on the trip with a group of boyscouts, (who al get firearms safety training in the first place).

He said he will have to research it, but because of that we already missed the first hike and camp out of the year.

I'm not a lawyer, this is not legal advice, etc.. do your own research, or consult a lawyer, etc.....

In my understanding, the "Boy Scouts" is a private organization. You are right, you may be able to legally carry where you are, however they can choose to no longer associate with you and your son, if you choose to carry firearms. Their power stops there, however. You'd essentially be scouting by yourself. I think you still have the option to conceal, but don't get caught, or they can terminate your membership.

This sounds like an opportunity to start your own organization: Armed Boy Scouts of America!

 

[Statesman]

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Interesting. I see no definition of "Employer" in KRS 237. What's the standard definition here?

 

[Statesman]

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Butterbone wrote:

Similarly I can't leave my gun in the glove box because I work and park at the airport.

Why not?

KRS 237.110

(17) The owner, business or commercial lessee, or manager of a private business enterprise, day-care center as defined in KRS 199.894 or certified or licensed family child-care home as defined in KRS 199.8982, or a health-care facility licensed under KRS Chapter 216B, except facilities renting or leasing housing, may prohibit persons holding concealed deadly weapon licenses from carrying concealed deadly weapons on the premises and may prohibit employees, not authorized by the employer, holding concealed deadly weapons licenses from carrying concealed deadly weapons on the property of the employer. If the building or the premises are open to the public, the employer or business enterprise shall post signs on or about the premises if carrying concealed weapons is prohibited. Possession of weapons, or ammunition, or both in a vehicle on the premises shall not be a criminal offense so long as the weapons, or ammunition, or both are not removed from the vehicle or brandished while the vehicle is on the premises. A private but not a public employer may prohibit employees or other persons holding a concealed deadly weapons license from carrying concealed deadly weapons, or ammunition, or both in vehicles owned by the employer, but may not prohibit employees or other persons holding a concealed deadly weapons license from carrying concealed deadly weapons, or ammunition, or both in vehicles owned by the employee, except that the Justice and Public Safety Cabinet may prohibit an employee from carrying any weapons, or ammunition, or both other than the weapons, or ammunition, or both issued or authorized to be used by the employee of the cabinet, in a vehicle while transporting persons under the employee's supervision or jurisdiction. Carrying of a concealed weapon, or ammunition, or both in a location specified in this subsection by a license holder shall not be a criminal act but may subject the person to denial from the premises or removal from the premises, and, if an employee of an employer, disciplinary measures by the employer.

 

[zer0cool]

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One of the places I work for part time says in the employee handbook that we can’t keep a firearm in our car while on their property. I just laughed when I saw it. I'm not going to say anything but if for some reason it is found that I do keep onethere and they terminate me. That’s fine because that’s why lawyers were invented. They can’t enforce that policy because it's against state law. Besides no one will be searching my car anytime soon anyway.

Remember IANAL but I wouldn’t say anything, just do what you feel is right. Because if you do say something, that doesn’t mean they can’t find another reason to can you.

 

[Butterbone]

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It was stated to me that it is because the airport is one of those exceptions. Like a courthouse or jail or hospitals and schools.

 

[Walkeraviator]

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Not true. The only law I know of states you cannot carry a firearm into "secured areas" meaning you cant get past security with one, but the baggage claim is ok.

 

[TheMrMitch]

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BB....do you PARK in the secured area of the airport? If not, there is no reason you cannot leave your weapon in the car.

The majority of large companies in Ky are NOT from Ky. That is no matter as to the law. In Ky, you may have a weapon in your vehicle on their property.

 

[Walkeraviator]

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There is an interesting idea. I am a pilot and park inside the fence at a small airport. But being as no airline services our airport there is no security. As a matter of fact there are no gates at some portions of teh perimeter fence.



Would that be considered to be in the secure area of an airport being as it is in the fence or not?

 

[FightingGlock19]

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Walkeraviator wrote:

There is an interesting idea. I am a pilot and park inside the fence at a small airport. But being as no airline services our airport there is no security. As a matter of fact there are no gates at some portions of teh perimeter fence.



Would that be considered to be in the secure area of an airport being as it is in the fence or not?

No metal detectors = fair game

 

[Statesman]

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Butterbone wrote:

It was stated to me that it is because the airport is one of those exceptions. Like a courthouse or jail or hospitals and schools.

I would ask them to provide me the KRS that permits them to deny me the right to keep it in my car. I don't see them on the list in the above KRS 237.110 citation. Keep in mind, the way the law seems to be written, you have to be a CCDW holder to do this.

Update: All I see is KRS 237.110 section 16

(g) An area of an airport to which access is controlled by the inspection of persons and property;

Unless there is some federal law that prohibits it, I don't see the restrictions.

 

[Walkeraviator]

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To clarify I do have my CCDW. Also, the company I work for is an Air Medical service and has many bases with helicopters not on or near an airport. So the law about carriage in a secured area of an airport doesnt really matter when talking to teh company, it was more a thought about whether i was violating law instead of company rules.

I appreciate all teh good responses I am getting, I am going to contact HR and talk to them directly about this.

 

[Statesman]

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If they have a legal department, it would probably be best to contact them for clarification. Keep in mind, they are likely biased towards the employer, but I think they will recognize your right to carry, where it exists, for the benefit of the employer.

To my knowledge, HR departments mainly focus on laws pertaining to employment and hiring.

 

[Statesman]

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TheMrMitch wrote:

BB....do you PARK in the secured area of the airport? If not, there is no reason you cannot leave your weapon in the car.

The majority of large companies in Ky are NOT from Ky. That is no matter as to the law. In Ky, you may have a weapon in your vehicle on their property.

MrMitch,

I think his concern here, is getting fired for doing so. He may be allowed legally to store in his vehicle, but can an out of state employer fire him for doing so?

 

[TheMrMitch]

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I'm with you on that, Statesman. I feel that if it is LEGAL to park in a certain area, then according to Kentucky law the employer cannot legally fire him.

I personally would park with my weapon there.

 

[hotrod]

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Check KRS 527.020 (4) (8). That is the relief that is granted by the statute. You may sue in the Circuit Court with competent jurisdiction for violating your right to retain your firearm in your vehicle whether you have a carry license or not. It has been used time and again within the Commonwealth to secure the right to carry to work or play for that matter.

 

[Statesman]

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Thanks! But that section states:

http://www.lrc.ky.gov/KRS/527-00/020.PDF

"No person or organization, public or private, shall prohibit a person licensed to carry a concealed deadly weapon from possessing a firearm, ammunition, or both, or other deadly weapon in his or her vehicle in compliance with the provisions of KRS 237.110 and 237.115. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction."

Looks like a license is needed for this protection.

 

[hotrod]

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Statesman wrote:

Thanks! But that section states:

http://www.lrc.ky.gov/KRS/527-00/020.PDF

"No person or organization, public or private, shall prohibit a person licensed to carry a concealed deadly weapon from possessing a firearm, ammunition, or both, or other deadly weapon in his or her vehicle in compliance with the provisions of KRS 237.110 and 237.115. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction."

Looks like a license is needed for this protection.

You sir, are welcome

Section 4 covers KRS 237, Section 8 covers glove box carry (ie no license needed)