employer weapons policy opinion

[Hibbidydoo]

I started a new job last month and while I was going through all of the new hire orientation and everything that goes along with it, I had a chance to look at the employee handbook and review our weapons policy. here is what it says.

In order to maintain a safe and secure workplace, XXXXXXX prohibits the possession, transfer, sale, or use of a firearm or lethal weapon, concealed or otherwise, at any time on company premises or while conducting company business, except as otherwise provided by applicable state law.

This policy applies regardless of where business is being conducted or the licenses or permits that you may hold. – it goes on to define workplace and lethal weapon.



so I'm a bit confused by this. there is the "except as provided by applicable state law" part, which tells me I'm ok.
then there is the beginning of the second paragraph...

I'll be working most nights until after 10...so I'd really like to be able to feel secure.

what do you folks think?

[suthdj]

Worst case you live to get fired, this is an at will state and they don't need a reason to let you go. But you are correct it is clearly vague, maybe there is a reason for that.

[C-dub]

In my humble and non-lawyerly opinion, I think you would be fired if they found you had a gun on you inside one of their buildings or company vehicles, but they have allowed you the parking lot according to SB321. Now, this is very similar to my company's policy and after the parking lot law went into effect I inquired when my company was going to change their policy. They said they were not and that they knew the law. So, here we are, almost two years later and my company has still not complied with the law and there are many people worried about being discovered and fired, while others have decided to not risk losing their jobs and still do not carry to and from work.

[austin]

This is standard HR boilerplate.

It will change when someone get sued into receivership when a CHL holder does get hurt.

[Murindo]

My work place has a 30.06 posting prohibiting carry inside the buildings but can't forbid having one in your car in the parking garage.

[Hibbidydoo]

Yeah, I'm not worried about the parking garage...but I would really like to have it with me on my way out to the car at 10pm...

We dont have any 30.06 signs or even gun busters posted. The only sign I have seen is a "weapons prohibited" sign as you enter the parking lot.


I could ask hr, but I dont want to put myself on that radar

[dac1842]

IANAL, but, it seems to me that their wording basically says leave it in the car. Premises by state law does not include parking lots, they give you the out in stating except as applicable by state law.
Leave it in the car. Should you decide to carry outside of that just remember concealed means just that concealed. Concealed also means you don't talk about it, to anyone, period.

[jmra]

At least per state law you get the parking lot. As an educator I don't even get that.

[mewalke]

We dont have any 30.06 signs or even gun busters posted. The only sign I have seen is a "weapons prohibited" sign as you enter the parking lot.

I could ask hr, but I don't want to put myself on that radar

Don't you love that? They basically allow non-employees to carry on the premises, but not employees - my company is the same way. Just remember they don't need 30.06 signs to prevent employees from carrying.

Many people on this forum are of the opinion that if you are properly concealed and don't talk about it, how would they know you are carrying a firearm? To each their own.

[android]

We dont have any 30.06 signs or even gun busters posted. The only sign I have seen is a "weapons prohibited" sign as you enter the parking lot.

I could ask hr, but I don't want to put myself on that radar

Don't you love that? They basically allow non-employees to carry on the premises, but not employees - my company is the same way. Just remember they don't need 30.06 signs to prevent employees from carrying.

Many people on this forum are of the opinion that if you are properly concealed and don't talk about it, how would they know you are carrying a firearm? To each their own.

The difference is that a policy in an employee handbook is "notice" and therefore you are now committing criminal trespass if you carry concealed on the property. Without a 30.06 sign or other type of notice, a visitor is not breaking any law.

IMO, the best thing is to keep you mouth shut and keep an inconspicuous pocket gun in your car in the parking lot. Easy to slip into cargo pocket for lunch or errands and easy enough to slip back into the console before you get out of the car.

[ScottDLS]

We dont have any 30.06 signs or even gun busters posted. The only sign I have seen is a "weapons prohibited" sign as you enter the parking lot.

I could ask hr, but I don't want to put myself on that radar

Don't you love that? They basically allow non-employees to carry on the premises, but not employees - my company is the same way. Just remember they don't need 30.06 signs to prevent employees from carrying.

Many people on this forum are of the opinion that if you are properly concealed and don't talk about it, how would they know you are carrying a firearm? To each their own.

The difference is that a policy in an employee handbook is "notice" and therefore you are now committing criminal trespass if you carry concealed on the property. Without a 30.06 sign or other type of notice, a visitor is not breaking any law.

IMO, the best thing is to keep you mouth shut and keep an inconspicuous pocket gun in your car in the parking lot. Easy to slip into cargo pocket for lunch or errands and easy enough to slip back into the console before you get out of the car.

Employee handbook is not NOTICE per 30.06 for purposes of criminal prosecution unless the wording is exactly as in the statute. You can still get fired, but you wouldn't be successfully prosecuted.

[mewalke]

We dont have any 30.06 signs or even gun busters posted. The only sign I have seen is a "weapons prohibited" sign as you enter the parking lot.

I could ask hr, but I don't want to put myself on that radar

Don't you love that? They basically allow non-employees to carry on the premises, but not employees - my company is the same way. Just remember they don't need 30.06 signs to prevent employees from carrying.

Many people on this forum are of the opinion that if you are properly concealed and don't talk about it, how would they know you are carrying a firearm? To each their own.

The difference is that a policy in an employee handbook is "notice" and therefore you are now committing criminal trespass if you carry concealed on the property. Without a 30.06 sign or other type of notice, a visitor is not breaking any law.

IMO, the best thing is to keep you mouth shut and keep an inconspicuous pocket gun in your car in the parking lot. Easy to slip into cargo pocket for lunch or errands and easy enough to slip back into the console before you get out of the car.

Employee handbook is not NOTICE per 30.06 for purposes of criminal prosecution unless the wording is exactly as in the statute. You can still get fired, but you wouldn't be successfully prosecuted.

That is my understanding as well. My employer does NOT use 30.06 wording, but prohibits carrying of weapons of any kind including knives, firearms etc... That being said at least a dozen guys here at work carry their pocket knives with them daily since we use them quite often.

[bdickens]

"....Except as otherwise provided by applicable state law."

Don't ask, don't tell. Concealed is concealed.

[alvins]

my employer is based out of NJ so ofcourse they say weapons are prohibited. out of 30 people in our office over half hunt regularly ,most of them own multiple guns and goto the gun range often.I think we have about 10 chl people in our office.most of them know i have guns.my co worker works in GA and she recently told me she carries anytime other then company business trips. as someone said previously we have a lot of field guys and they all carry knives at a minimum.

I think most of the gun in your car and stuff is keep your mouth shut and you will probably never have any issues.and i would NEVER ask HR about their gun policies.the less HR knows the better in all circumstances when it comes to guns.

[C-dub]

In my humble and non-lawyerly opinion, I think you would be fired if they found you had a gun on you inside one of their buildings or company vehicles, but they have allowed you the parking lot according to SB321. Now, this is very similar to my company's policy and after the parking lot law went into effect I inquired when my company was going to change their policy. They said they were not and that they knew the law. So, here we are, almost two years later and my company has still not complied with the law and there are many people worried about being discovered and fired, while others have decided to not risk losing their jobs and still do not carry to and from work.

I am in and

I learned today that my company has finally changed their policy. And, not only do they now allow a CHL to have a firearm and ammo in their vehicle, the wording also allows anyone legally able to possess a firearm to keep it in their vehicle in the parking lot. It looks like they practically copied the law word for word.