No guns at my work.

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  • Beau

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    I started a new job recently. Today we signed the paperwork that gives my employer the right to search anything at any time. Company policy states no firearms or live ammunition can be kept in a personal vehicle. It was even stated that even a spent casing is grounds for immediate termination.:xmad:.

    Colorado definately needs a parking lot bill.
     

    Beau

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    You are of course looking for a better employer, correct?
    Negative. I have been looking for suitable employment for a very long time. I will not quit after two weeks.

    I wanna know what they produce so I can avoid it. They obviously don't have good sense.

    Keep your chin up and your ceramic knife close by.:D
    Good luck with that. If you use gas or buy any petroleum based product you will not be able to avoid supporting them.
     

    Goodcat

    From a place you cannot see…
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    Remove finger prints from a spent cartridge and leave near your desk, get caught, then sue the crap out of them?? :)
     

    loony1

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    419lHqOVwqL.jpg
     

    bwframe

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    Same. They are a no go.

    That is what I suspected. It sounds like HR legalese.
    You will have to spend months getting a feeling for where you may be able to "stretch the rules."

    Make no mistake, I'm not suggesting you violate ANY company policies. I'm just saying that my experience with this issue, some ten years ago with a couple specific companies, indicate that this might be a lot of legal CYA.
     

    rugertoter

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    I started a new job recently. Today we signed the paperwork that gives my employer the right to search anything at any time. Company policy states no firearms or live ammunition can be kept in a personal vehicle. It was even stated that even a spent casing is grounds for immediate termination.:xmad:.

    Colorado definately needs a parking lot bill.
    They can't say anything about your firearm locked in you car in Indiana anymore.
     

    Beau

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    I thought about this. But then they could just fire me for refusing to open the safe. If a dog alerted to it, company policy says they can use dogs and any other detection equipment, they would probably remove and open it themselves.

    I could be totatlly wrong. Like bwframe said, I need to give it time to find out what teh unoffical official policy is.
     

    schafe

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    Oct 15, 2009
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    Colorado definately needs a parking lot bill.
    While you're working on that, take a lesson from Indianas parking lot bill, and allow no exceptions for powerful employers, like Universities! I still don't get to have it in the car @ work, if I value my (university)job.................Money talks!! :rolleyes:
     

    HICKMAN

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    Jan 10, 2009
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    They can't say anything about your firearm locked in you car in Indiana anymore.


    that law screwed more people than it helped.

    Before, they would have had to get a warrant to search your car and you were only violating a company policy.

    Now, if you're company's name is on some stupid DHS list, it's against the LAW.
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    I thought about this. But then they could just fire me for refusing to open the safe. If a dog alerted to it, company policy says they can use dogs and any other detection equipment, they would probably remove and open it themselves.

    I could be totatlly wrong. Like bwframe said, I need to give it time to find out what teh unoffical official policy is.

    They could fire you, Beau, but they canNOT just enter your car without a search warrant. Look at it this way: If they see the safe and order you to open the car so they can search, and you know they're going to find something to fire you, refuse the order. (because you're fired either way)

    When they do fire you, go for unemployment and if they fight it, you simply say that they fired you for exercising your Fourth Amendment rights. They couldn't obtain a search warrant, so they ordered you to open your car yourself.

    Another stratagy would be to put some papers in it.. Say, maybe, a copy of your driver's license, your registration, etc. Let them "accidentally" see the safe and demand to search it 4, 5, or 6 times. Make sure your car is absolutely free of anything for which they would be able to fire you under their stated policies at these times. Cuss yourself out for letting the bloody thing slip out from under the seat *again* when they do their searches. Maybe even apologize for wasting their time on these stupid searches. Once they've searched and satisfied themselves numerous times that there's nothing there, start hiding it better and keep what you want in it. "Guys, you've seen this six times already... you know that's just my papers. Identity thieves, y'know? Can't be too careful, s'why I started securing it better so we wouldn't waste your time anymore."

    If you have a weapon in it, of course, it will need to be foam padded so it doesn't rattle, needless to say, but what you're doing, in essence, is hiding it in plain sight.

    Conversely, of course, they should never see the safe to request this in the first place, nor have anyone able to hear you talking about guns to give them a reason to want to look more closely at *your* vehicle.

    Good luck and congrats on the new job!

    Blessings,
    Bill
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    that law screwed more people than it helped.

    Before, they would have had to get a warrant to search your car and you were only violating a company policy.

    Now, if you're company's name is on some stupid DHS list, it's against the LAW.

    Absolutely not. The exemptions in the parking lot law only allow those employers to make a rule against guns in the parking lot. Employers, as you know, do not make law.

    The parking lot law essentially says, "No employer except for those in group A is allowed to have a rule against guns in the locked cars of employees.", then goes on to list "Group A".

    Anyone who's told you that a gun in your car when you hold a valid LTCH violates state law in Indiana is lying, and I challenge them to cite the law stating otherwise.

    Make no mistake: I do NOT like the fact that there is a parking lot LAW. (I object to government overreaching its mandate, even when it benefits me.) I most certainly DO like the effect that most people cannot be fired for engaging in lawful behavior.

    Blessings,
    Bill
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    Are we talking company-owned parking lots? What if they are leased?

    From last year's "Parking lot law":

    IC 34-28-7-1
    Application
    Sec. 1. This chapter applies only to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally. This chapter does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under 18 U.S.C. 923 to possess the firearm, ammunition, or other device.
    As added by P.L.90-2010, SEC.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.
    It actually doesn't specify parking lots, owned, leased, or otherwise, in the statute, though I'm not sure where else the employer might think s/he holds sway over an employee's vehicle. It says a "person" (which includes a business, IIRC) may not have a rule, policy, etc. that prohibits you from having a firearm out of plain sight in your locked vehicle, except at the following places.
    (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 35-41-1-21);
    (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.
    As I told Hickman, the law allows those employers to have rules or policies that prohibit guns they can't see in locked cars they can't enter.
    IC 34-28-7-3
    Civil actions
    Sec. 3. (a) An individual who believes that the individual has been harmed by a violation of section 2 of this chapter may bring a civil action against the person who is alleged to have violated section 2 of this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
    (b) If a person is found by a court, in an action brought under subsection (a), to have violated section 2 of this chapter, the court may do the following:
    (1) Award:
    (A) actual damages; and
    (B) court costs and attorney's fees;
    to the prevailing individual.
    (2) Enjoin further violations of this chapter.
    As added by P.L.90-2010, SEC.7.
    Oh, and you can sue if they do and it harms you.
    IC 34-28-7-4
    Other rights and remedies
    Sec. 4. This chapter does not limit a person's rights or remedies under any other state or federal law.
    As added by P.L.90-2010, SEC.7.
    And you may have other recourse as well.
    IC 34-28-7-5
    Jurisdiction over action against employer
    Sec. 5. A court does not have jurisdiction over an action brought against an employer who is in compliance with section 2 of this chapter for any injury or damage resulting from the employer's compliance with section 2 of this chapter.
    As added by P.L.90-2010, SEC.7.
    However, an employer who has no rule, policy, or similar prohibition cannot be sued for any injury you sustain if someone misuses or abuses a firearm lawfully kept in his vehicle.

    This year's SEA 411 says that they can't ask employees for lists of their firearms nor ask applicants if they own firearms. (Some employers, in an effort to keep the parking lots gun-free (except for criminals and non-employees,) were only hiring people who claimed to not own guns.)

    Hope that helps!

    Blessings,
    Bill
     

    rambone

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    4   0   0
    Mar 3, 2009
    18,745
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    'Merica
    The Bill of Rights restricts the government. The 4th amendment wouldn't apply. I can't imagine your boss breaking into your car. You are going to either let him in willingly or you won't. Same with your hidden safe mounted under your dash.
     
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