Anyone here a lawyer (or even just play one on teh intarweb)?

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Dimensio

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I'm a Kentucky state resident. I'm also, rather recently, a gun onwer (I even have one of those scary 13-round magazines that supposedly transforms a normal handgun into an Godless assault weapon/insturment of murder).

I have a CCDW permit, and I've taken to carrying anywhere I can (in part just to get a feel for how the gun physically rests against my body).

My employer does not allow firearms on the premises. I work for an organization that has multiple buildings, and each one has at least one "deadly weapons prohibited" sign. The offical policy is that deadly weapons are not allowed by anyone when on any property owned or controlled by the organization. I can and will abide this policy, as it understandably makes for a safer environment, and obviously the reports that I see about armed robberies occuring on the premises must be hoaxes, as surely no criminal would want to carry a deadly weapon on the premises and violate policy.

However, the employer also states that storage of 'deadly weapons' in a motor vehicle is also forbidden.

I am reasonably certain that Kentucky state law prohibits employers from making that kind of a policy, based upon section 17 of KRS 237.110, which states (in part):

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 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 Page 6 of 11 by the employee of the cabinet, in a vehicle while transporting persons under the employee's supervision or jurisdiction.

Now, I don't work for the Justice Cabinet, so that one exception will never apply. However, the following sentence then states:

Carrying of a concealed weapon, or ammunition, or both in a location specified by 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 the employer, disciplinary measures by the employer.

Now, I'm no legal expert, but it would seem to me that the above section would indicate that while carrying a firearm into a workplace is not a crime, neither is it a crime for an employer to "discipline" an employee who carries a firearm into the workplace, unless the employee has stored the firearm in his or her vehicle, as the state law specifically states that an employer cannot prohibit such storage ("may not prohibit").

Am I reading this correctly, or should I have a lawyer go over this before I decide what is safe (for my job security).
 
I would definitely recommend asking a lawyer in your state since Internet legal advice is usually less than what you pay for it.

My read is that this legislation says that while you won't be charged with a crime for keeping a handgun in your vehicle despite employer prohibition of such a practice, you can still be fired for it.

Carrying of a concealed weapon, or ammunition, or both in a location specified by 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 the employer, disciplinary measures by the employer.
 
IANAL but I think your take is correct - technically an employer in your state cannot prohibit you from storing a weapon in your privately owned vehicle parked in his parking lot.

That said: so what? If you get caught you can get fired. If you get fired what recourse do you have against the employer?

Reality very often rears it's ugly head at the most inopportune of times.

On the other hand unless you talk about it how is your employer gonna ever know. Only thing I can think of is if he does random searches of vehicles in the lot or of your person. Either way I'd be walking out about 30 seconds after they wanted to search me having resigned.
 
what grounds would your work have to search your car? my take is that as long as you dont talk about it, and wait till your off property to unlock the case then you should be fine.

but if you get broken into and have to report a stolen gun, i think work might be a little upset.

+1 on talking to a real attorney. are you a student?
 
Basically it looks to me like the only thing the employer could do is fire you but not be able to charge you with criminal tresspass. In reality the only ways you couyld run afowl of such a policy is someone seeing you stowing the firearm or a search, to which you do not have to concent - what will they do fire you (they'll do that anyway). The best thing is to see if you can find a better place to work. That is more easily said than done and there are plenty of people who will say they would resign in protest right now that is until THEY have to give up good money and/or a career. It is not easy to run out and find a good job these days - not like it uesd to be but it is possible to think and ask about it because you may find that you get something better. God works in mysterious ways. Some of the best things ever to happen to me are those I didn't want(and worked hard against) but had no choice about. I am blessed - give God a chance!
 
Kentucky has a strong "your car is an extension of your house" doctrine. That said, I have never looked into this question specifically (and am so slammed with work right now that it will be a while.

The basic rules on reading statutes is to 1) read on, and 2) read it again. You may find something on down the page that clears up the question. In any event, what good is the prohibition on employers if they can still make a rule in violation of it and still fire you for it?

Disclaimer: I am a lawyer, but not your lawyer. I am licensed in KY, but this is not legal advice.
 
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