Gun in Car at Work

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DocPaladin

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What are your thoughts about a company which states no guns on company property-not even in cars. I'm sure this is common for almost every company. My understanding is that a car can't be searched by the company, so they can't really know if there is a handgun in the car or not. Can a company legally prohibit someone from having a gun in his car?
 
NOT LEGAL ADVICE

Legally prohibit? Not really. They can, however, prohibit YOU from being there with a gun in your car. They can certainly use their powers as your employer to dissuade you as well.
 
I actually just posted a thread on this ( Can my employer search my car?). General concenus is that your employer has every right to prohibit you from having a gun on THEIR property. Also if you signed an agreement allowing them to search your vehicle they can't force a search but they can fire you if you refuse to allow the search P.S. the solution to my question was keep the gun in a lock box, and don't park on company property or don't carry to work
 
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Depending on your state laws - If you improperly carry a gun in your car and your company suspects that you are breaking the law they can report you to law enforcement.

However they can't enforce their own company polices as state or federal laws so they cant put you in jail but they can fire you.


You don't work for the Post Office do you?
 
I remember back when your car was same as your home. It couldn't be serached without a warrant. My personal opinion is that an employer has no right to prevent you from having a gun in your car, so long as it is stored correctly.

My reason is this. My wife is a nurse at a local hospital. I take her back and forth to work, however, they have nurses that drive as far away as 75 miles to work. These men and women have to go all that way unarmed, many driving at night.

Where do you, to protect yourself, draw the line? Sorry, I don't buy the argument that they have the right to tell you that.
 
My thoughts about that are better left unsaid. The company I work for has such a policy. To my knowledge they have never asked to search a vehicle, and probably wouldn't without a reason THEY believe to be compelling, e.g. threatening behavior. That said, they make you sign an agreement that gives you the choice of letting them search your car, or face termination...basically a lose, lose situation if you do have a gun in your car.
 
In our country people are very litigation happy and that has left many employers feeling they don't have a choice but to ban firearms on their property.

There are times in life when I can not in good conscience comply with the unreasonable requests of others, in these cases I operate under "What they don't know wont hurt them" principle and accept that choice may have consequences for me.

I wouldn't consent to a police officer searching my vehicle and I'm definitely not allowing my employer to search my vehicle. In my particular state an employee may face being fired but wouldn't face any criminal charges.
 
Va/nra

In my state(that now has many pro-gun laws on the books, :D), the use of force guide says a business owner can file criminal tresspass charges on a person who brings a firearm into a business or on the busniess property.
I know the NRA ran a few items about major factories and businesses that were not allowing employees to bring loaded weapons to work, even if they were left in the employee's POV(private vehicle).

When I worked for the US Dept of Veterans Affairs as a 085 security guard in the late 1990s in PA, the VA police put charges on a VA employee that left a loaded handgun in his own vehicle in the parking lot on the VAMC's property. The subject told the courts that the VA police did not explain the weapons policy or provide signs about the federal laws and he was set free. :D

The cop who arrested the VA employee was a complete jerk and he was mad about it. I thought he made a double standard because he had a valid CCW permit and used an off duty 1911a1 officer's model .45acp. For him to complain about other US military veterans carrying legal firearms in a secured vehicle is a bit much, :rolleyes:.
Needless to say the VAMCs then got huge new signs clearly explaining VA policy.

Rusty S
 
There is a distinction stated in this thread about having the gun v. warrantless search for the gun.

I have little knowledge on the property owner's right to ban firearms from that proeprty, BUT, the warrantless search is not a problem here. The right against unreasonable searches and seizures does not apply to private parties, these rights only apply state actions. Sure the business may be guilty of some crime for conducting the search or seizure, but any evidence they turn over to authorities will not be excluded from your trial simply because there was no warrant.

P.S. this is not legal advice.
 
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