Employer has weapons policy
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Employer has weapons policy
My employer has a weapons policy that says an employee cannot have a weapon on the premises or in their car. It goes further to say that they, the employer, have the right to search your vehicle and if you do not submit to a search it is grounds for termination. However, my employer leases office space in Dallas that is shared with dozens of tenants. Can they really terminate me for keeping my gun in my car if they don't own the building or parking lot? This lot is open to the public and is not a secured lot with a guard shack and fence. Please give me your feedback.
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Re: Employer has weapons policy
I agree that the company seems to be stretching their authority on property they do not own.
You might want to check or speak to some one who is familiar with their lease agreement to determine if they are guaranteed a certain area for parking.
You could avoid parking on any part under their lease agreement and technically be in the clear.
I dont see how the company can keep you from having ANYTHING in your car when you are not on any property immediately under their control.
You might want to check or speak to some one who is familiar with their lease agreement to determine if they are guaranteed a certain area for parking.
You could avoid parking on any part under their lease agreement and technically be in the clear.
I dont see how the company can keep you from having ANYTHING in your car when you are not on any property immediately under their control.
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Re: Employer has weapons policy
Can they terminate you? Yes. Are they likely too? Not based on your description of the situation. It sounds like the boilerplate policies that a lot of companies have. What is likely to make them search your vehicle in a public parking lot? How do they even know you drove to work? Have they announced any random vehicle searches recently. Might be a good time to "lose" your keys and have a friend/spouse drop by and drive your car away. "Sorry... my "life partner" dropped me off this morning boss, didn't you notice?" "Do you need to search, her/his/its car today?BigJohn wrote:My employer has a weapons policy that says an employee cannot have a weapon on the premises or in their car. It goes further to say that they, the employer, have the right to search your vehicle and if you do not submit to a search it is grounds for termination. However, my employer leases office space in Dallas that is shared with dozens of tenants. Can they really terminate me for keeping my gun in my car if they don't own the building or parking lot? This lot is open to the public and is not a secured lot with a guard shack and fence. Please give me your feedback.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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Re: Employer has weapons policy
I've worked for a few places like that, and had my own boilerplate ready: a prewritten resignation letter in the car with a space to be filled in designating someone to receive any personal property left behind. It was my full intent that, if they ever wanted to search my car, I would go out, unlock it, get in, lock the doors, fill in that blank, sign the letter, and hand it out through the window on my way out of the lot.ScottDLS wrote:Can they terminate you? Yes. Are they likely too? Not based on your description of the situation. It sounds like the boilerplate policies that a lot of companies have.
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Re: Employer has weapons policy
This is an issue that needs to be taken on in 2011. Employees must be protected and I don't mean just CHL holders either. It is time this State recognizes a vehicle as private property that is an extension of ones home. If the employer has reason to believe evidence exists inside the vehicle that is of a criminal or terrorist nature they can contact L.E. and let them try to get a warrant to search the vehicle. If nothing is found the entire cost of the investigation should be placed on the employer. I say that to stop any "fishing".
I am very much a supporter of property rights as well as a companies ability to fire at will but, as it is an employee has no right at all to privacy or protection for exercising their 2A rights. For that this must be changed in favor of the employees. As a side note I am self-employed and this does/would not affect me at all.
I am very much a supporter of property rights as well as a companies ability to fire at will but, as it is an employee has no right at all to privacy or protection for exercising their 2A rights. For that this must be changed in favor of the employees. As a side note I am self-employed and this does/would not affect me at all.
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Re: Employer has weapons policy
The employer parking lot bill will be introduced again in the 2011 Texas Legislative Session.
Chas.
Chas.
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Re: Employer has weapons policy
In at "at will" state, they can terminate you for any reason that is not protected by discrimination laws.
In your situation, it seems extremely unlikely that they would ever do any sort of vehicle search... but if they did, I don't think you would have much luck fighting it.
For what its worth, my employer has a similar policy (although our lot is not shared) and my personal choice is to carry anyway. If they didn't prohibit firearms in the parking lot, I would disarm before entering the building, but since the penalty would be the same (termination) for leaving it in my car I decided that there is no reason not to just keep it on me.
I would prefer to follow the policy, but I won't take the risk of being unarmed on my 90 mile round trip daily commute. If they ever change the policy (or if the law changes to protect storing firearms in vehicles) then I'll disarm in the car and comply with the policy. Until then, I carry full time and keep my mouth shut about anything and everything gun related while at work.
In your situation, it seems extremely unlikely that they would ever do any sort of vehicle search... but if they did, I don't think you would have much luck fighting it.
For what its worth, my employer has a similar policy (although our lot is not shared) and my personal choice is to carry anyway. If they didn't prohibit firearms in the parking lot, I would disarm before entering the building, but since the penalty would be the same (termination) for leaving it in my car I decided that there is no reason not to just keep it on me.
I would prefer to follow the policy, but I won't take the risk of being unarmed on my 90 mile round trip daily commute. If they ever change the policy (or if the law changes to protect storing firearms in vehicles) then I'll disarm in the car and comply with the policy. Until then, I carry full time and keep my mouth shut about anything and everything gun related while at work.
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Any comments about legal matters are general in nature and are not legal advice. Nothing posted on this forum is intended to establish an attorney-client relationship.
Any comments about legal matters are general in nature and are not legal advice. Nothing posted on this forum is intended to establish an attorney-client relationship.
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Re: Employer has weapons policy
Great news Charles! Thanks for the update.Charles L. Cotton wrote:The employer parking lot bill will be introduced again in the 2011 Texas Legislative Session.
Chas.
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Re: Employer has weapons policy
Thanks for your input. Right now I just leave my gun in the car and will keep my mouth closed about having a CHL around those I work with. They have never searched a car that I know of and probably wouldn't unless they were alerted by a co-worker. I drive over 50 miles a day so leaving the gun at home is not an option.
Last edited by BigJohn on Fri Jan 22, 2010 10:20 pm, edited 1 time in total.
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Re: Employer has weapons policy
My company has a policy that states "No unauthorized guns are permitted in the office". I point blank asked the HR person if that includes CHL. She told me that if I have a CHL then I'm authorized by the state and therefore can carry at work. I love my job.
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Re: Employer has weapons policy
I love your job too ... or at least your employer.Kythas wrote:My company has a policy that states "No unauthorized guns are permitted in the office". I point blank asked the HR person if that includes CHL. She told me that if I have a CHL then I'm authorized by the state and therefore can carry at work. I love my job.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
Re: Employer has weapons policy
I'm confused, or at least uneducated, about what gives an employer any legal right to search your automobile. The discussion implies that if this employer demands it, the employee is obliged to allow it. I don't think so.
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Re: Employer has weapons policy
You are under no obligation to allow an employer to search your car. They are under no obligation to continue employing you if you refuse them access to your vehicle.jgp wrote:I'm confused, or at least uneducated, about what gives an employer any legal right to search your automobile. The discussion implies that if this employer demands it, the employee is obliged to allow it. I don't think so.
Does that explain it?
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Re: Employer has weapons policy
Therein lies the secret to happy and successful licensed CC. In the perhaps immortal words of 03lighteningrocks, "concealed is concealed". That means both physically and verbally.BigJohn wrote:... keep my mouth closed about having a CHL...