Employer Code of Conduct question

[307-Niner]

My employer's Code of Conduct book includes a "no guns on company premises" rule, stating that any violation of the rule is grounds for immediate termination. I live in Wyoming, where nearly everybody is a gun owner. This rule gets mentioned in safety meetings at least once per month. We are told that we aren't allowed to even have any gun or rifle in our vehicles, we must just leave them at home.

I have read somewhere that Florida (I think) determined that these rules are un-Constitutional & cannot be enforced. I need to find that article again & post the link.

I have always kept a pistol in my truck, it goes everywhere I go. I feel naked without it, and don't want to leave it at home. If it never leaves my truck, what does it matter?

Don't I have the right to carry in my own personal vehicle?

 

[smithman 10]

Employer code

I believe some states have passed laws overriding any such employer codes.

Reminds me of a company meeting I attended before I retired where we went over the rules of the conglomerate that had just acquired us. No weapons on company property was the rule, so we read in the new handbook.

Funny thing, I glanced up and the clip from a folder showed outside of the pocket of the photographer shooting the meeting.

Since he was a friend of mine, I went up and told him he was in big trouble. He replied that he had three other knives on him in addition to the one I spotted! We had a good laugh.

My rule of thumb when I was working was always that what was in my car was my business only and that NO ONE, other than a LEO with a warrant or probable cause, would ever get to see the inside of my vehicle. And I was ready to accept any consequences that might arise from my taking such a stance.

It's my belief that such employer rules are widely ignored by employees who believe the Second Amendment to the U.S. Constitution trumps any company regulations. Not encouraging anyone to violate the boss's rules, mind you, just saying!

 

[AZretired]

Several States (Arizona has a great one) have laws regarding this. There was a Federal court case several years ago ( I think it was Oklahoma) where the basic complaint was by your employer not allowing you to keep a gun in your car in their parking lot, he was then denying you your right to protect yourself while driving to and from work.

Check your state laws and check Google.

 

[307-Niner]

I can't find the article that I remember reading a few months back, but IIRC a superior court in Florida upheld the "Bring your gun to work" law. Seemed like a big win to me. Google must not agree, can't find it for the life of me.

I am reading that (as of 2013) there are 22 states with "Bring your gun to work" laws, but cannot find a list with all 22 states. Can anybody shed some light on this?

 

[307-Niner]

Several States (Arizona has a great one) have laws regarding this. There was a Federal court case several years ago ( I think it was Oklahoma) where the basic complaint was by your employer not allowing you to keep a gun in your car in their parking lot, he was then denying you your right to protect yourself while driving to and from work.

Check your state laws and check Google.

Been trying to find something specific to Wyoming, to no avail.

 

[Autococker07]

I do not know Wyomings laws, but a quick scan of

http://www.handgunlaw.us/states/wyoming.pdf

Shows nothing that would keep ME from keeping a pistol in the car. I find it absurd that a company feels they can legislate private behavior of employees.

With that said, bear in mind that they can and probably will fire you if it is found out that you have ignored their "rules"... Discretion is the better part of valor.

Florida "bring a gun to work" law.....

http://www.leg.state.fl.us/Statutes...ng=&URL=0700-0799/0790/Sections/0790.251.html

 

[307-Niner]

^^^ Very familiar with that page. And even though a permit to carry concealed is not required, I have taken the courses and applied for my permit. As has my wife. It will keep us legit when we travel to Montana & a few other states we travel to.

Anyways, I will do what I feel is right regarding the original topic. But I still want to know where the law stands on this subject. Just can't seem to find it.

 

[Peak53]

I got to wondering about my company and the ban on firearms in your locked car. (Just a passing interest, mind you). So I googled "bring a gun to work law" for my state and my computer immediately locked up so hard I had to restart ... Conspiracy, methinks. I'm going to try again with a lighter touch

 

[Peak53]

I got to wondering about my company and the ban on firearms in your locked car. (Just a passing interest, mind you). So I googled "bring a gun to work law" for my state and my computer immediately locked up so hard I had to restart ... Conspiracy, methinks. I'm going to try again with a lighter touch

OK, it happened AGAIN...Where's the tinfoil? In the meantime, my memory of this issue for Colorado is that employers do supposedly have the right to do this, but it is yet tested in court

 

[speedyquad]

Pa has no such laws forbiding that yet, and my employer is on the idiot side. I recieved an email from the NRA a few weeks ago telling anyone who works for such an employer to forward their info to the NRA. last week, i received an email back where some politicians in PA are working for us...here it is:



Pennsylvania: Employer Firearm Parking Lot Protection Legislation Introduced

Several weeks ago we sent an alert asking Pennsylvania NRA members to report to our State and Local Affairs division if their employer has a policy which prohibits employees from transporting to/from and storing firearms in their locked, private motor vehicles while parked at work, and the response was overwhelming! Within 24 hours, our office was flooded with hundreds of e-mails reporting these types of policies, ranging from Fortune 500 companies to the local grocery store on the corner.

In response to these anti-gun policies, this week state Representative Jeffrey Pyle (R-60) introduced House Bill 2243, legislation to prohibit public and private employers from establishing, maintaining or enforcing a policy to prohibit employees from storing a firearm in their motor vehicle parked at their workplace.

The Pennsylvania Legislature is scheduled to return to session after the primary election on May 20. It’s important that you contact your state legislators as well as members of the House Transportation Committee, to which HB 2243 was referred, before they return to Harrisburg. Urge them to stop the banning of firearms inside one’s private motor vehicle. Tell them that 23 states around the country have employee protection parking lot laws, and that Pennsylvanians should have the same rights as nearly half the country.

For contact information or help identifying your state lawmakers, please click here.

 

[Bartman3562]

 ‘‘Building’’ shall not include any structure, or any area of any structure, designated for the parking of motor vehicles.
 No employer may prohibit possession of a handgun in a private means of conveyance, even if parked on the employer’s premises.
 Only Public Buildings can be posted. Public Grounds and Parking Lots/Garages are not considered buildings.

This is part of Kansas law that went in effect last year. It is called parking lot law.

 

[307-Niner]

Speedyquad, thanks for posting that. I think I need to contact the NRA about this.

 

[speedyquad]

you are very welcome...i have been meaning to post it, but have been busy lately...but not too busy to email and snail mail letters to the "important" people...i hope it can get the ball rolling in other states as well

 

[GKC]

Wyoming is an employment-at-will state, which means that basically an employer can terminate an employee for cause, or for no cause. However, Wyoming also recognizes all three of the exceptions to employment-at-will, those being: public policy, implied contract, and good faith.

Essentially, unless your state has a public policy (i.e., state law) prohibiting an employer from prohibiting firearms in personal vehicles in the parking lot, then the employer can more than likely legally terminate an employee who violates the prohibition, especially if prior notice has been given (employee manual, handbook, etc.)

Please note that I am not an attorney, but I am basing my opinion on 30 years experience in HR, many of which I dealt with employment law issues in a number of states. I would urge you to consult an attorney and get an expert opinion before you decide to challenge your employer's prohibition...if they terminate you, it could take a long while to have the issue heard in court, and the court could rule against you.

The better course of action would be, as many states have done, to have your representatives/senators pass legislation prohibiting employers from making such workplace rules.

 

[307-Niner]

Very well said GKC, thank you for your post.

Yes, I can see the "at will employment" leaves a pretty big open door for them to do whatever they want. And I agree that pushing for new legislation is the correct path. Unless we already have it here in Wyoming, and I just can't find it.

Several articles I found stated that 22 states have these "Parking Lot" or "Bring your gun to work" laws. But I cannot find any listing of which 22 states...

 

[Fishinfool]

Found this on the 'net-

 

[Engine 21]

Never tell, never allow anyone in your vehicle. Never complain, never explain - problem solved.

 

[307-Niner]

Fishinfool, thank you for finding & posting that map.

Never tell, never allow anyone in your vehicle. Never complain, never explain - problem solved.

Those actions might keep my own nose clean, but it doesn't really fix anything. There are way too many gray states on that map.

 

[steelslaver]

Never tell, never allow anyone in your vehicle. Never complain, never explain - problem solved.

Nice thought, but I often work in out of state oil refineries and some of them have no gun, ammo or drug policies. They also sometimes have dogs at the gate and randomly pick vehicles for the dog to check for contraband. If you do not consent to the search you will be banned for life from that companies refineries. Every refinery I have worked for in Montana could care less about a gun in you vehicle in the parking lot. Probably lose most of their work force if they did.

 

[M29since14]

 ‘‘Building’’ shall not include any structure, or any area of any structure, designated for the parking of motor vehicles.
 No employer may prohibit possession of a handgun in a private means of conveyance, even if parked on the employer’s premises.
 Only Public Buildings can be posted. Public Grounds and Parking Lots/Garages are not considered buildings.

This seems like another case of the ruling class making laws for "others" and expecting to be able to have another set for itself. I would think private property is private property, but I guess not, in their opinion. Do they also exclude the property owner's duty to pay taxes on those parking lots?

To the OP, I'm sympathetic. I would continue keeping the pistol in my vehicle and keep my mouth shut. Does the employer also claim some sort of "right" to search your vehicle? Have you agreed to that by means of signing a contract with them?