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Employer superceding my 2A rights?

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Old 05-08-2010, 11:30 AM   #11
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Originally Posted by KalashnikovJosh View Post
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.
My thought process would be in a perfect scenario the 2nd would be put before civil laws and a work places terms of employment...but it doesnt seem to be the case, I know where I am moving to they have been making changes that private car parks cant sign a "no gun policy" but its still shaky on the application of that in regards to law enforcement.
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Old 05-08-2010, 01:25 PM   #12
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Thanks for the responses, everyone. My handbook of gun laws for OH says I cannot carry on corporate property or in corporate owned vehicles if the employer prohibits it. but it doesn't state specifically whether or not an employer can ban me from locking my piece in my car. The head security guy gave us a speech on the first day that we're not allowed to have weapons in our cars or on our person, and im sure its in the employee agreement i signed as well. I'll have to ask an LEO or lawyer next time i see one. are any of you guys or gals in similar situations to me? how did you or would you handle it?
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Old 05-08-2010, 03:55 PM   #13
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Not to put too fine a point on things, but odds are you're an "at will" employee, and your employer can fire you for any reason. Any. Reason. Or none at all.

Parking lots, if part of the company's property, are insured the same way as the buildings are, and it's highly likely the insurer has explicitly dictated a "no firearms" clause as part of their coverage.

So, unless you live in a state where the state law clearly trumps the company requirements, you're definitely at risk of losing your job if your firearm is discovered.

On the other hand, having worked at a couple of large companies, I've had more than one colleague who has carried their pistol to the work parking lot. They usually lock it in a safe under the driver's seat. Turns out, even if the company had reason to search your car, they can't force you to open the contents of a locked safe in your vehicle without having the police and a search warrant (and if it gets to that point, you're staring that whole "at will" clause in the face again )
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Old 05-09-2010, 04:20 PM   #14
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We have exactly the same policy at my employer and as far as I can tell they have every right to dictate what is done on their property. That is why I park across the street and walk the extra 30 yards. Problem Solved!
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Old 05-09-2010, 06:54 PM   #15
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Default A gun in your car is about as useful as teats

on a bore hog if someone goes "postal". Since you're gonna get canned if it's in your car and IF you believe you really need it, then get a small cc pistol and carry it on your person in a belly band rig. (deep concealment) and don't talk about guns at work.
I knew many ladies who worked at companies in the ghetto, all their companies forbid guns on premise, all of them had guns in their purses.
NOBODY has the balls to search a ladies purse!
One was accosted by one of the "victim classes", she shot him several times in his privates as they were exposed (off company property). No charges filed against her and nobody ever asked to search her purse. (and this was in NY state!)
Guess I'd rather look for a new job than be dead.
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Old 05-09-2010, 11:24 PM   #16
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if you work on private property then it is their right to make any rules they want.

I guess you need to make the choice

do you want your gun or your job. without your job you may not have your gun.....

Now me when I go to class (College) I pack every night as It is a long walk in the dark at 10:30 when class gets out. I park in a different part of lot than most people. So I know that is caught I will get kicked out of college but I can live with that vs being stabbed to death. I keep it in a inner compartment on my backpack next to my wallet.
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Old 05-31-2010, 01:20 AM   #17
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I somewhat agree with companies not wanting weapons kept in cars, However I would still keep mine locked in my car and I would keep my mouth shut about it.
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Old 05-31-2010, 03:50 AM   #18
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Do you have a CCW?

If you do, why would you care that your employeer bans guns in the workplace?

Just about every employeer bans guns in the workplace simply because some lawyer convinced them that doing so would limit there liability. Never mind the safety of the employees, let's just worry about managing the shareholders risk...

It's this attitude among company owner that causes many of us to scratch our heads and simply ignore the policy. I CC every day, company policy be damned.

If your a responsible adult this will only be a problem if your forced to shoot at work and if that happens you can rest assured your life will be more valuable than your job.

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Old 05-31-2010, 11:31 AM   #19
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The Bill of Rights is an acknowledgment that individuals have certain rights and a guarantee that the Federal government will not step on those rights. While many of the first 10 amendments have been incorporated against state governments, 2A has not (I'm not counting the 9th Circuit Court's decision because it is the most overturned court in the country).

These rights do NOT apply to personal property. You cannot come onto my front lawn or wander into my living room and rant about your personal ideological beliefs with a megaphone. I have the right to kick you off my land and this isn't an abridgment of your rights. The same goes for 2A. As irrational as these clowns are who post "No Weapons Zone" signs at businesses, they are not stepping on your rights when they do.

You might consider calmly asking your HR department why these signs have been put up. Most likely they'll say something about "making employees feel safe". You can then present them with statistics showing that an armed populace is a polite populace, and that you feel distinctly unsafe as a result of these signs. You might also ask if they have consulted with their attorneys to determine their liability if a criminal -- who won't be deterred by the signs -- does shoot up the place and no one is able to defend themselves. Remember to mention that the police do not exist to protect people from harm.
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Old 05-31-2010, 12:56 PM   #20
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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.
Good post. The legislators in the state of OK believed that too. This is why we have a law that allows guns in employees cars in company parking lots. It took awhile for the law to take hold because Whirlpool, Weyerhauser and Remsey winch fought the law in federal court-and lost.
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