Firearms and the workplace?

[Juggaloninja]

i am an asbestos inspector and i travel from VA to NC regularly. i currently OC my beretta tomcat in VA. so heres the deal... i just got reamed by my boss for taking my pistol with me to NC in a company vehicle. as far as i am aware i am within my rights to bear arms with the exception of OC or CC on federal property. my question is am i still within my rights to carry while i am on the clock traveling in a company vehicle? i have read the employee handbook and saw nothing about firearms in the workplace. i almost lost my job over this and i am very concerned about this. if i am in the wrong then i can accept that. but if not i would like to know so i can protect myself if i actually do lose my job over this.

 

[kdstrick]

Ask your boss (in a non confrontational way) if you could view that company policy. Better yet, you may want to call the Human Resources department of your company and ask.

An employer does have that right. But I believe that it must be in written form. For most companies I have worked for, it has been in the employee manual.

They can fire you for violating company policy... but if you are dead will you care?

 

[benminer]

An employer you can fire you if they have a rule, you break it, and they find out, just like they can fire you for just about any other reason they want, or no reason at all. "Rights" in the sense of what you legally can and can not do don't enter into the equation at all. This is not a question of rights in the sense of "Do I have a right to carry a gun in a city park?".

Just because they don't have a policy doesn't mean they can't fire you for it, and even if they say it's OK they can later change their mind and fire you anyway. Whether or not you could sue them for damages in the later case would be a question for an attorney, but there is nothing I am aware of that would stop them from firing you or compel them to give you your job back.

Short version: It's legal, but depending on your employer, risky.

 

[Rmeju]

Have you considered concealed carry?

 

[CoRoMo]

If I understand the OP correctly...

• Your boss is okay with you carrying on the job while in VA
• Crossing the state line, with your pistol, in the company vehicle is a violation

Did your boss explain why the former is allowed while the latter is forbidden?
Is he under the impression that you broke a law? Or is he concerned with litigious liabilities? Or what?

Regardless, depending on how your state views employment termination, me probably can terminate you for whatever reason he chooses, or no reason at all. Whether or not his position is logical, is irrelevant. There are three ways to do your job: The right way. The wrong way. The boss's way.

Always do it the boss's way.

 

[Norinco982lover]

I would NOT ask HR or your boss about this again. I would simply keep on working and perhaps keep your gun on the down low. If you have a ccw then use it. If you do not and can only open carry (legally) then do so...but if you are going back to work then put the gun away and store it properly.

~Norinco

 

[swacje41]

It would seem that if your boss has given you orders not to carry in the company vehicle, you probably should not carry in the company vehicle. Your carry rights do not override company employment rules in most states. And they certainly can specify what is contraband for their own vehicles, I would think.

 

[Juggaloninja]

Rmeju, i have concidered concealed carry but do not have a permit yet. but will be getting one asap.

CoRoMo, no i open carry in VA off the clock. and my boss only found out about this through another employee at the company apartment who saw it while i was putting it away in my lock box.

 

[Juggaloninja]

and thanks guys for the help. it sucks an employer can still fire you for this even though it is my second amendment right. but i do feel a little better knowing this

 

[CoRoMo]

Sounds like he has forbidden you to be in possession of a firearm while at work. That's the rule, follow it.

I know a guy who was fired because he was simply a gun owner. It had nothing to do with having a firearm at work, just being an owner.

 

[ArmedBear]

If it's against company policy to carry in a company vehicle, OPEN carry is probably not a very good plan...

 

[beatcop]

I'd guess that being armed isn't part of your job description? Their position will be that you're causing them to be exposed to liability due to acting as their agent while armed (i.e. not in job description, no training, personal weapon) I'm just guessing, but I suspect the labor board will support them.

 

[Juggaloninja]

beatcop,
your correct being armed is not part of my job description

 

[beatcop]

Can you get a CC permit? If you feel that it's worth risking your job, that may be the way to go.

Time for the old Thunderwear!

 

[Juggaloninja]

yes i can and i will be doing so asap. im stillin the process of trying to find where the classes are held in my area