employers and the second amendment

[JettaKnight]

Is a policy controlling me once I am off of the private property unconstitutional?

Are you acting in an official capacity or otherwise "on the clock"? If so, then yes.

And as others have stated, the Bill of Rights limits the power of the federal government, not private entities.

 

[Mr. Habib]

don't you mean hail Gastons?

Blasphemer!

 

[IamLegend]

So I found out my work has a no gun policy but I'm within my rights to have a firearm in my vehicle as long as its locked up. Apparently they don't inform anyone of these rights because they're not required I I guess. Does this mean the vehicle being locked or the glove box where my gun is at or what? Also, what are my rights when they stop me while entering or exiting the plant? They ask for you to open lunch box, glove box and trunk. What are my actual rights here and if my gun is in the glove box but not locked up except for when I leave my vehicle ( which at that point the truck is locked) am I ok or not during the search and the way I'm locking it up while at work?

 

[Tydeeh22]

So I found out my work has a no gun policy but I'm within my rights to have a firearm in my vehicle as long as its locked up. Apparently they don't inform anyone of these rights because they're not required I I guess. Does this mean the vehicle being locked or the glove box where my gun is at or what? Also, what are my rights when they stop me while entering or exiting the plant? They ask for you to open lunch box, glove box and trunk. What are my actual rights here and if my gun is in the glove box but not locked up except for when I leave my vehicle ( which at that point the truck is locked) am I ok or not during the search and the way I'm locking it up while at work?

your vehicle should always be locked if you keep a firearm in it. if i were in your position i would get one of those minivaults that you can bolt under your seat or to the frame on the floorboard.

someone with more information on parkinglot 2.0 law will be along shortly i assume.

 

[IamLegend]

your vehicle should always be locked if you keep a firearm in it. if i were in your position i would get one of those minivaults that you can bolt under your seat or to the frame on the floorboard.

someone with more information on parkinglot 2.0 law will be along shortly i assume.

I get that but I'm wondering if I'm ok that its in a glove compartment unlocked but my trucks locked? Or its in my bag but my trucks locked? That would mean that its actually unlocked if they stop me at the gate to search and its in the glove compartment or bag and my vehicle isn't locked. I guess getting a lock box might solve that but if they're allowed to search my vehicle then aren't they allowed to search that lock box as well? (I know its hidden but im just making a point)
I realize I can say no and choose not to work there but I'm just wondering what they're security is actually allowed to search legally?

 

[Bill of Rights]

I get that but I'm wondering if I'm ok that its in a glove compartment unlocked but my trucks locked? Or its in my bag but my trucks locked? That would mean that its actually unlocked if they stop me at the gate to search and its in the glove compartment or bag and my vehicle isn't locked. I guess getting a lock box might solve that but if they're allowed to search my vehicle then aren't they allowed to search that lock box as well? (I know its hidden but im just making a point)
I realize I can say no and choose not to work there but I'm just wondering what they're security is actually allowed to search legally?

Their security may only search what you allow them to search. If you choose to not allow them to search something and you signed a form saying you understood that allowing a search was a condition of employment, you may have difficulty fighting it now, and a resultant termination if you do so.

I would say "don't talk about guns at work, keep the thing hidden while on their property, and otherwise cooperate with their security..... That or start looking for another job now." The choice is yours how to proceed. Of note: If they do state that they're firing you because you had a gun on property, get that in writing, contact an attorney, and keep your mouth shut about it until advised by your attorney otherwise. They *may* be in violation of state law, but let your attorney tell you where you stand on that.

Standard disclaimers apply:
I am not a lawyer.
I don't play one on TV.
I didn't sleep in a Holiday Inn Express last night.
This is not legal advice, but a layman's opinion.
For legal advice, you should contact a competent attorney licensed to practice in Indiana.

Good luck!

Blessings,
Bill

 

[Stschil]

So I found out my work has a no gun policy but I'm within my rights to have a firearm in my vehicle as long as its locked up. Apparently they don't inform anyone of these rights because they're not required I I guess. Does this mean the vehicle being locked or the glove box where my gun is at or what? Also, what are my rights when they stop me while entering or exiting the plant? They ask for you to open lunch box, glove box and trunk. What are my actual rights here and if my gun is in the glove box but not locked up except for when I leave my vehicle ( which at that point the truck is locked) am I ok or not during the search and the way I'm locking it up while at work?

Indiana Code 34-28-7

IC 34-28-7-2
Regulation of employees' firearms and ammunition by employers
**** Sec. 2. (a) Notwithstanding any other law and except as provided in subsection (b), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
********(1) prohibits; or
********(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
****(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
********(1) in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of IC*20-33-8-16 or IC*35-47-9-2;
********(2) on the property of:
************(A) a child caring institution;
************(B) an emergency shelter care child caring institution;
************(C) a private secure facility;
************(D) a group home;
************(E) an emergency shelter care group home; or
************(F) a child care center;
********in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
********(3) on the property of a penal facility (as defined in IC*35-31.5-2-232);
********(4) in violation of federal law;
********(5) in or on property belonging to an approved postsecondary educational institution (as defined in IC*21-7-13-6(b));
********(6) on the property of a domestic violence shelter;
********(7) at a person's residence;

********(8) on the property of a person that is:
************(A) subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; and
************(B) licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;
********(9) on property owned by:
************(A) a public utility (as defined in IC*8-1-2-1) that generates and transmits electric power; or
************(B) a department of public utilities created under IC*8-1-11.1; or
********(10) in the employee's personal vehicle if the employee, including a contract employee, is a direct support professional who:
************(A) works directly with individuals with developmental disabilities to assist the individuals to become integrated into the individuals' community or least restrictive environment; and
************(B) uses the employee's personal vehicle while transporting an individual with developmental disabilities.
As added by P.L.90-2010, SEC.7. Amended by P.L.114-2012, SEC.66.

Here is a link to the law. It contains several exemptions such as school property, electric generation facilities, and so forth.

Where do you work? Is it an exempt facility? I ask this soley because you state that you have to undergo a vehicle search when entering. This makes me think that it may be.

I would suggest reading the link and also checking with your employer about the status. If you bring a firearm based on what "someone said on the interwebz", you could possibly lose your job, your LTCH, and even your freedom. Not worth taking the chance, IMHO.