State law vs Company policy

Status
Not open for further replies.
R

rpchevy02

Member
Joined
Nov 17, 2009
Messages
30
If a state passes a law making it legal for an employee to keep a loaded firearm in their locked vehicle while on company property,does that state law supercede company policy?
 
Where I live unemployment is over 11% so a job is an important thing.Just keep it in your car and don't broadcast it if it's legal in the state.Being legal is one thing,being unemployed or starting problems at work is another.
 
Where I live state law allows for me to keep a firearm in my vehicle at work as long as I am legally able to posess the firearm. My employer has the policy that they do not allow firearms on their property but I still keep my carry piece in my vehicle but don't broadcast it.

I'm pretty sure state law supersedes a company policy. I recognize the risk that I could lose my job but accept it.
 
In general no. Laws do not override company policy unless specifically written to do so.

Florida's law prohibits employers from doing anything to an employee if they somehow find out if you have one in your car in their lot. Also they cannot ask about firearms or search for them.
 
I think it would depend on the wording of the law. Being legal from the State's point of view may be limited to just lawful possession (so you can't get arrested for it). If there is no restriction on the employer, then you're at risk of company policy violations. What you need is a law that forbids the employer from restricting your firearm possession rights inside the vehicle (and generally, the ones that do this are limited only to parking lots open to the general public -- a fenced and restricted parking lot may not be covered). If it doesn't say that, then I'd be very careful. Even if it does, you may have to sue to get your job back.
 
The great state of SC is an at-will employement state. If you insist on having a firearm on their property and they don't want it there, they can insist on you not working there anymore.
 
As I understand it, an employer can deny your right to carry in the workplace, just like a restaurant can. I think a gun in the car, parked on their lot is a different story, as long as state/local law permits it. That said, if you're in an "employment at will" state, they can let you go for whatever reason, short of discriminating against you for race, age or sex. So, you insist and they fire you. Checkmate.

Edit:

Looks like dolittlebb beat me to it!
 
It all depends on how the law is written. The new law up for vote in Indiana states that an employee can not be fired for having a firearm in their locked vehicle.

Citations Affected: IC 10-14-3; IC 34-6-2; IC 34-28-7; IC 34-30-20.5; IC 35-47-11.

Synopsis: Various provisions concerning firearms. Prohibits the state, a political subdivision, or any other person from prohibiting or restricting the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during a declared disaster emergency, energy emergency, or local disaster emergency. Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared. Prohibits a person, including an individual, a corporation, and a governmental entity, from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property, on property used by a school for a school function, or on a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; (4) in violation of federal law; and (5) on property belonging to an approved postsecondary educational institution. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation. Deletes an outdated reference
 
A few states have passed laws allowing an employee to keep a legal firearm in their vehicle while parked on their employers property. Not many though.
I look at it as it is their property and just like my home, I expect to be able to set the rules on what is allowed or not allowed on my property. If we expect others to respect our rights, then we must also respect theirs.
Even if there is a law the allows it, do you want to challenge your employer? They will find another reason to can you or at least make your life miserable. The unemployment line are very long these days. I do not care to stand in one. But then I park off my employers property so I can have a weapon in my vehicle.
 
A particular state's law may alter this, but generally I think you'll find that where state law allows the gun you cannot be criminally prosecuted for having it but your employer can fire you for violating established company policy.
 
KevinR said:
It all depends on how the law is written. The new law up for vote in Indiana states that an employee can not be fired for having a firearm in their locked vehicle.
Click to expand...

In Georgia an employer can terminate your employment for no good reason.


...........That said, if you're in an "employment at will" state, they can let you go for whatever reason, short of discriminating against you for race, age or sex. So, you insist and they fire you. Checkmate.
Click to expand...
 
Blah, blah, property rights blah blah

In Florida and Oklahoma (there may be others) the law prohibits an employer from terminating you, if you meet certain conditions (In FL, you must have a CCW), and have a weapon secured in your vehicle. In addition, your employer may not take action against an employee if the employee refuses a search of his vehicle, if that search is to look for weapons.

Without knowing what state you are in, no one here can help you more than that, and the thread will degenerate into another discussion of property rights versus the right to self defense.
 
There is legislation pending in Indiana pertaining to this topic.

Without knowing what state you are in, no one here can help you more than that, and the thread will degenerate into another discussion of property rights versus the right to self defense.
Click to expand...
This is the correct answer to the OP. What state is the OP in?
 
The Oklahoma law was passed after Weyerhaeuser Corp went on a witch hunt and had the local police search cars in their parking lot. Several Weyerhaeuser employees were fired when guns were found in their cars.


http://63.149.153.100/article.aspx?id=11546&ekfxmen_noscript=1&ekfxmensel=e0fa05764_31_41


The aim of the Oklahoma law, introduced with the support of the National Rifle Association, was to stop companies from banning guns in workplace parking lots. The rationale was that such prohibitions violated employees' constitutional rights to possess and carry firearms. In October 2007, however, U.S. District Judge Terence Kern issued an injunction against the enforcement of the state's legislation. The new law, he ruled, created an obstacle to employers charged with maintaining safe workplaces according to requirements issued by the U.S. Occupational Health & Safety Administration (OSHA).

In its 3-0 ruling, the appeals court cited evidence that OSHA does not regard the Oklahoma law as being in conflict with its workplace safety provisions. "The court pointed specifically to a January 16 letter by an acting OSHA official that signified OSHA's neutrality on the matter," Anelli noted. "Essentially, this ruling amounted to a clear invitation to states that have passed these types of provisions to feel free to enforce them. For employers who had hoped to see these types of provisions thrown out in court, this is a dramatic development."
Click to expand...
 
Some states, such as MN, state specifically in the law that in your car in a parking lot is legal to keep a firearm, although there is some ambiguity about Federally prohibited properties (such as the USPS parking lot).

So we need to know the state first.

Whether they can legally fire you for having a gun in your car is moot in respect to keeping your job..... They can ALWAYS find a reason to fire you....
 
The key words here are their property. Park somewhere else.
Click to expand...

Ooh, but under the OP's question,
If a state passes a law making it legal for an employee to keep a loaded firearm in their locked vehicle while on company property,does that state law supercede company policy?
Click to expand...
the property owner is breaking the law by firing you.

So you would support a law making "whites only" lunch counters, buses, movie theaters, etc. legal?

They can ALWAYS find a reason to fire you....
Click to expand...

Of course they can. Your boss can also fire you if you refuse to have sex with him. That doesn't mean that you cannot sue him for everything he's got.
 
Not if your employer is located on federal property. Your state law doesn't help you if you work for the post office, keep a gun in the car, which is parked in the parking lot that is owned by the federal government.
 
RoostRider said:
They can ALWAYS find a reason to fire you.
Click to expand...

divemedic said:
Of course they can. Your boss can also fire you if you refuse to have sex with him. That doesn't mean that you cannot sue him for everything he's got.
Click to expand...

Allow me to rephrase that- They can ALWAYS find a 'legitimate' reason to fire you.

I just figured everyone understood that a boss might not state the actual reason if it weren't legal, and might make one up that is more legit... sorry...
 
Florida's law prohibits employers from doing anything to an employee if they somehow find out if you have one in your car in their lot. Also they cannot ask about firearms or search for them.
Click to expand...

Depends on where you work. A school, for example is still off-limits.
 
Status
Not open for further replies.

Similar threads

D
  • Locked
Disney revises guns at work policy
2 3 4
Replies
76
Views
4K
Art Eatman
A
D
  • Locked
Judge Nixes Oklahoma's Guns-in-Locked-Cars Law
2 3 4 5 6 7
Replies
156
Views
8K
Art Eatman
A
R
  • Locked
Does this make it sound like CC'ing would be legal?
2
Replies
47
Views
2K
Owen Sparks
O
L
  • Locked
  • Poll
Does your company policy prohibit you from carrying in your private vehicle?
2 3
Replies
59
Views
2K
JohnKSa
JohnKSa
F
  • Locked
Whirlpool Corp. seeks to block CCW law on Oklahoma.
2 3
Replies
53
Views
2K
standingbear
S
Back
Top