Can a business say you can not possess a firearm in the parking lot?

This is a discussion on Can a business say you can not possess a firearm in the parking lot? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Like someone said it varies by state. Check your local dept and do some reading on what the laws are in the state you are ...

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Thread: Can a business say you can not possess a firearm in the parking lot?

  1. #16
    Member Array JAMNMIKE's Avatar
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    Like someone said it varies by state. Check your local dept and do some reading on what the laws are in the state you are in. Here in AZ Sept. of 2009 was the last year that Employers could tell employees that they do not allow firearms on the property. Sept. it changes that as long as it is in a private vehicle locked up secured and out of site you are fine. But that's here in AZ. so I strongly suggest that you look up that law just to be on the safe side. Don't want to lose your job in this crappy economy now would you?
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  3. #17
    Senior Member Array Rmac58's Avatar
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    Quote Originally Posted by BugDude View Post
    **** There is a clever way around this IF your state does not establish your personal property rights from your employer. In such a state that they can search your vehicle, under Federal Law, they cannot search your mail even if it is located inside of your personal property that they have a right to search. Get a postage box and send it to yourself empty. This now becomes metered mail addressed to you that they can't search. Place your firearm inside of this box (or envelope) and use tape to seal it. If they search your mail, it is a Federal Offense and they have a much larger issue to consider. Lock the box or envelope inside of your car safe.

    Realistically, unless you tell someone you have a firearm in your vehicle and it is secured and out of sight, they would have no reason to search your car. If they do, tell them when they get to your mail that if they open it they are facing a Federal Offense and have your picture phone in hand.
    That's an interesting point, the down side is, what good is your handgun inside a taped box/envelope?

  4. #18
    Member Array USAFtrevor87's Avatar
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    Thanks for all the responses. I couldn't believe when I woke up this morning that this post would have gotten a good response. I am going to write the company and get a clarification on the policy. Special thanks to Johnk87, being from MN I know he knows the law better than I do, as I just moved to the area. Thanks again for everyones help.

    I guess the way I see it, is if its in the parking lot, outta sight is outta mind. And if Its in a smart carry around my waist, again Outta sight is outta mind. I keep my mouth shut, so does my employer. Thanks again for everyones help.

  5. #19
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by JohnK87 View Post
    I've been through this already. I'm also in MN and this is the letter I sent my corporate counsel:

    "Company policy 9.13 states the following:

    “Weapons and contraband are not permitted in the ****** work environment. This means that workers may not have weapons or contraband: …In a personal vehicle while on company property.



    Workers, their vehicles (when parked on company property) and personal property…are permitted on company property based on the condition that they are subject to inspection.” (Policy 9.13, pp. 2-3)



    This policy is in violation of Minnesota state law which expressly prohibits an employer from prohibiting lawful possession in their vehicle in a parking facility or lot.



    Direct from the statute:

    https://www.revisor.leg.state.mn.us/...=s&num=624.714



    "Subd. 18. Employers; public colleges and universities.

    (a) An employer, whether public or private, may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment. Employment related civil sanctions may be invoked for a violation.

    (b) A public postsecondary institution regulated under chapter 136F or 137 may establish policies that restrict the carry or possession of firearms by its students while on the institution's property. Academic sanctions may be invoked for a violation.

    (c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area."



    Please review the relevant law and change the policy as required. I would appreciate an update from you after the review is complete. Thank you for your consideration."

    After review by the lawyers, they determined that company policies in violation of State law were invalid.

    How far you want to push this is up to you. PM me if you need more help. IANAL.
    Rather than take up the readers time telling you all what Michigan law says, I'll point out that from the quote above it appears that Minnesota law says that "an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area." so it would appear they cannot prohibit weapons in a vehicle in the parking lot, so the question then becomes does "Employment related civil sanctions may be invoked for a violation" in paragraph a) mean they can fire you or cannot fire you because according to paragraph c) they cannot prohibit it? Any lawer carry to interpet this, as it seems all the relative statues are here.

  6. #20
    Member Array Ksthumper's Avatar
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    Can a business say you can not possess a firearm in the parking lot?

    In Kansas only buildings can be posted and there is one and only one specific Kansas Attorney General approved 'Gun Buster' sign which has to be at adult eye-level within 12 inches of the door handle.

    Only Federal buildings are not required to post the approved sign.

    Posting anywhere else or posting of an unapproved sign can be ignored.

  7. #21
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    A business has the right to prohibit firearms on its premises, which includes real estate and structures, just as any individual homeowner can. That includes parking lots as real estate. The "mall owners" have that right. Depending on individual state law, most can ask you to leave if carrying and you can be chanrged with trespass if you refuse.

    Whether or not your employer can prohibit you from carrying on its premises when on or off duty is also a case that varies from state to state. You need to know your state law on this matter. They may be able to terminate your employment for failure to comply with company policy. It's a choice you have to make.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  8. #22
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    In Missouri our statute states having a gun in an employers parking lot is not a criminal act or covered by their no gun policy. Very few and certain exceptions apply, ie. military bases, post office, working for a manufacturer who is a federal contractor where they fall under the umbrella of federal laws, etc.

    That said, how many people here work for employers who routinely go out and search peoples cars? And what is their reason for doing so?

    I have to say, I don't think I'd like to work for an employer who spends more time searching peoples locked cars then being inside working at their real job. That's kind of like a guy who goes poking around in your wife's underwear drawer when they ask to use the bathroom at your home.
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  9. #23
    Senior Member Array JohnK87's Avatar
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    At my work it would be a Federal felony to bring a gun into certain areas. Some companies reserve the right to search stuff on their property.

    As for the subpart (a), if you are "on the clock" for your company you can't use the private vehicle out. That would include if you are using your vehicle on company business and getting mileage reimbursed.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

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