Employer superceding my 2A rights?
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Old 05-07-2010, 01:46 PM   #1
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Default Employer superceding my 2A rights?

I work a low level position at a giant, faceless corporation. I can't carry my gun into the office, which I completely understand. However, they also tell me I can't even keep a gun LOCKED IN MY CAR. I realize I'm parked on their property, but this still doesn't seem right to me. what do you guys think?

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Old 05-07-2010, 01:55 PM   #2
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Texas and several other States have addressed this issue by specifically allowing handguns to be secured inside vehicles in parking areas. Ohio is not one of the more gun friendly States, but check the laws in your state to see if you have any protection.

How are they going to find it anyway? Do they do random car searches? They are boing to get in a world of litigious hurt if they do.

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Old 05-07-2010, 01:56 PM   #3
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I am not sure which states are which as far as this goes. But, in some states you have the right to keep a gun in your car no matter what your employer says. Check your state laws. I am sure someone with info on your state will chime in soon. I still would not take anyone's word for it without checking personally.

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Old 05-07-2010, 02:00 PM   #4
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It is their property, and they have every right to make the rules.

Is this something in the employee handbook, or did you ask them about it? How would they know if it was locked in your glovebox?

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Old 05-07-2010, 02:02 PM   #5
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The long and short of it (had a friend who had a similar issue) is that they have the right to fire you for bringing a weapon onto their property, so if you're parking there and they own the lot...

However, if you park on the street and it is legal to keep a firearm in your car (don't know the laws where you are) then they can't really do anything about that. I'm assuming it's a not the best part of town scenario, where you're going to want to park in the nice, well-lit, company owned lot for security reasons. (my friend went to work at 4 AM and it was a lot with security, etc) So if you take the 'park on the street' route, you leave yourself open to vandalism and the theft of your car (and firearm)

Another note: if they want to fire you, they'll find a way so however you go here, digression may be a better route than pride.

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Old 05-07-2010, 02:39 PM   #6
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There was a write up about this in the NRA’s American Rifleman not long ago. I don’t remember the details, except that you could lock your gun in your car. I don’t remember is it was state or federal a law or a court ruling.

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Old 05-07-2010, 09:37 PM   #7
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Most States have some degree of definition of "property" that includes Private, Public and "A Public Place".

Inside the building or a secured parking area not generally open to the public is Private Property.

The street/sidewalk/right of way is Public Property.

A parking lot that is open to the public is a Public Place. While it is private property it is open to (for example) pedestrians passing through.

Most people do not realize their suburban front yard is considered a public place.

The rules about what can go on on private property do not necessarily extend to a public place.

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Old 05-08-2010, 01:07 AM   #8
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Get a good car alarm system with an ignition kill switch and perhaps some form of notification system,and a good bolt-in safe for your weapon.

Park in a public place with confidence.

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Old 05-08-2010, 01:47 AM   #9
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Ohio employers have the right to ban guns in parking lots.
Business Management Daily
It's your right! Prohibit guns in parking lot
As the economy falters, there are reports that attendance at gun shows is way up. In fact, the gun industry is one of very few experiencing robust growth.

What does it mean? Well, chances are now greater that one of your employees will bring a gun to work—and that could be a threat to employee safety.

But there is good news. A recent 6th Circuit Court of Appeals decision has specifically upheld the right of Ohio employers to ban guns in locked cars on company property. You can and should have a clear policy prohibiting guns at work and in the parking lot. You can discipline employees who violate that rule.
Recent case: Gary Plona, a UPS employee in Cleveland, parked his car in the company parking lot and locked it. Plona had signed a company policy that clearly stated guns were not allowed on any company property, including in locked cars in the parking lot.
When police became aware of suspicious activity in the parking lot—activity unrelated to Plona—they asked for permission to search Plona’s car. He consented, and police found a loaded gun under the front seat.

UPS fired Plona, and he sued the company, claiming that Ohio public policy allowed him the right to carry a firearm. The 6th Circuit Court of Appeals disagreed and upheld the discharge. (Plona v. UPS, No. 08-3512, 6th Cir., 2009)

Final note: Gun laws differ across the country. Another federal appeals court recently upheld the right of an employee in Colorado to keep his gun in his locked car at work. That case was based on a specific state law allowing people to store guns in their locked cars—even at work.
It's your right! Prohibit guns in parking lot - Business Management Daily

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Old 05-08-2010, 02:56 AM   #10
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Its a shaky subject-property rights versus the Second.

I'm going to go out on a limb here and state my personal bias-

I think that big corporations are public entities,and as such,the property they operate for the sole purpose of doing business is public,and the rights of the individual trump any expectation of private property protections there.
On the contrary,a small business owner who is not incorporated and maintains the workplace on a more intimate personal level has more rights over that property.

I might be totally wrong,but I just cant agree that corporations,who are not individuals,should be able to trump individual rights.

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