Your employer,your privacy and your CHL

Your employer,your privacy and your CHL

This is a discussion on Your employer,your privacy and your CHL within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Does your employer have the right to ask if you have a CHL? or to ask you if you know of any other employees that ...

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Thread: Your employer,your privacy and your CHL

  1. #1
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    Your employer,your privacy and your CHL

    Does your employer have the right to ask if you have a CHL? or to ask you if you know of any other employees that do? Some employers say that the parking lot is public property,if someone breaks into your car or your in an accident in the parking lot, They dont want anything to do with it even with security on duty 24/7. but if they find out you have a gun in your car thats a whole diffrent story.With workplace shootings on the rise they would fire you on the spot. I think it would be a privacy issue as to whether they can legally ask you about yout permit or not, but I'm not sure.


  2. #2
    Member Array jwarren's Avatar
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    In Georgia, you can have your firearm in your parked car while working inside the building, even without a GWL.

    I personally think that it is their property(employer) and if they do no want a gun there, the state should stay out of it.

    BTW, a gun in the car will do very little good when a co-workers starts shooting inside the building.

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    JD
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    They can ask you anything they want, you have the right to say whatever you want.

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    Thanks for the info. I appreciate it.

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    VIP Member Array farronwolf's Avatar
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    Yep, the employer can ask you anything they want. Whether or not you answer or answer truthfully is up to you.

    I can think of a lot of things that an employer would want to know ahead of whether or not you have a CHL.

    As far as the parking lot goes, you need to learn your state laws. In Texas if your on their property your subject to their rules and regs if your an employee whether or not the lot is actually posted. Verbal notification alone is fine for employers.

    I think this section would apply to you if the employer meets the requirements.

    (19) (A) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten (10) feet that “carrying a handgun is prohibited”.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    VIP Member Array Sticks's Avatar
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    What JD said.

    If your vehicle does get broken into, the contents thereof are between you, the police taking the report, and your insurance company.

    If by some strange circle of events that the employers insurance covers your loss from your vehicle being broken into, then things might get interesting.
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    In Indiana we are legally protected from being asked such questions. In fact it is unlawful to ban weapons from being kept in a personal vehicle while on company property during your shift. It is also unlawful to terminate an employee for owning or having weapons in their vehicles on company property or while in the field using a personal vehicle. Company vehicles however are still up to the discretion of the employee. For example my employer allows me to carry any handguns I have qualified with while on or off duty and driving a company vehicle and I also keep a long arm in my personal vehicle even if I am using it on company buisness. The only stipulation is it has to be of a certain caliber and brand. So be mindful even in Indiana if you are using a company vehicle and the rules and regs for weapons in company vehicles. There are also certain allowances depending on your employment. For example, while working at a public or private high school we are granted the same firearms exemptions as LEO's but any weapons must be on our person. So no long arms. Just gotta remember what your job is and read up on laws and regulations for where you work.
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    Quote Originally Posted by jwarren View Post
    In Georgia, you can have your firearm in your parked car while working inside the building, even without a GWL.

    I personally think that it is their property(employer) and if they do no want a gun there, the state should stay out of it.

    BTW, a gun in the car will do very little good when a co-workers starts shooting inside the building.
    JWarren I disagree. The state needs to have a law in place to keep employers from terminating employees if they have a gun in their car. Ks did not have that protection and had to rewrite the CCW law to protect carriers. It sounds like Georgia has something similar.

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    JD
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    One thing I would add, if in your state permit information is of public knowledge your employer may all ready know if you have a permit.

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    Quote Originally Posted by farronwolf View Post
    Yep, the employer can ask you anything they want. Whether or not you answer or answer truthfully is up to you.

    I can think of a lot of things that an employer would want to know ahead of whether or not you have a CHL.

    As far as the parking lot goes, you need to learn your state laws. In Texas if your on their property your subject to their rules and regs if your an employee whether or not the lot is actually posted. Verbal notification alone is fine for employers.

    I think this section would apply to you if the employer meets the requirements.
    Any notice in any form from your employer is enough for them to be able to fire you if caught. There are criteria for how that notice is made for it to make it illegal to carry there.

    Oral notice using any words is enough for anyone, not just employers, to make it illegal for you to carry on their property. If the notice is written down, as in an employee handbook or on a sign, then it must adhere to the form specified in 30.06.

    The "carrying a handgun is prohibited" sign has no authority if you have a CHL.

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    I'm pretty lucky I guess , as my supervisor carries and knows that I have my permit and do carry as well . In my job, I am pretty much working alone with the exception of about 1 hours time. I work doing janitorial/maintenance, and also go between several buildings across town.

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    It was unquestionably illegal to have a gun on the property where I worked. Reality, how things actually worked, was different.

    It was "don't ask don't tell," and btw, enjoy the hunting season.

    Sometimes the personalities of the management make a big difference in how things go. Ours wouldn't ignore the rules if he had no choice, but OTOH he was quite willing to make it clear that he really didn't care and folks should please please not tell him about these things so he wouldn't have to act on what he was told.

    We once had an old boy, an ex-Marine, who illegally carried because his license expired and he didn't want to bother. Sargent Shultz (the head suit) made it plain to him that "I know nothing." He really didn't care and didn't want to know about it. Just stay out of trouble so you don't get me in trouble was the attitude. "That anti-gun stuff is for Washington, not here."

    Obviously YMMV and lots of folks could have theoretically had lots of trouble if something had gone amiss.

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    Senior Member Array dV8r's Avatar
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    Quote Originally Posted by poppy37 View Post
    Does your employer have the right to ask if you have a CHL? or to ask you if you know of any other employees that do? Some employers say that the parking lot is public property,if someone breaks into your car or your in an accident in the parking lot, They dont want anything to do with it even with security on duty 24/7. but if they find out you have a gun in your car thats a whole diffrent story.With workplace shootings on the rise they would fire you on the spot. I think it would be a privacy issue as to whether they can legally ask you about your permit or not, but I'm not sure.
    Here in MI they may ask, but they need to put up the "signs" to prevent carrying.
    My thoughts on this:

    Unless they have signs, I will carry as I see fit. No one will know (Concealed Carry) unless I must use the gun. If I must use the gun, it is to save my life, or maybe the life of others. If this costs me the job, so be it, I will have kept more valuable things.
    If they put up the "signs", one must decide if there is danger to warrant disobeying the law. MI first infraction is a fine (about $100) and possible suspension of CPL. Again no one will know unless you need to use it. You need to decide if worth the risk.
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    My employer does not have any signs posted but has a "no weapons" clause in the employee handbook. And like you said if its concealed no one will know. I've noticed my employer tends to bend the rules to whatever suits them, If you have to use your weapon and save some lives then their all for it. If your showing it to a friend in the parking lot and your caught, your gonna get fired or suspended at the least. just depends on what kind of mood the head honcho is on.

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    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by 3dfxMM View Post
    Any notice in any form from your employer is enough for them to be able to fire you if caught. There are criteria for how that notice is made for it to make it illegal to carry there.

    Oral notice using any words is enough for anyone, not just employers, to make it illegal for you to carry on their property. If the notice is written down, as in an employee handbook or on a sign, then it must adhere to the form specified in 30.06.

    The "carrying a handgun is prohibited" sign has no authority if you have a CHL.
    If you will research it a bit, I was refering to AR law where the OP resides. The "carrying a handgun is prohibited" signs absolutely have authority if you live in AR. Each state has their own specific statutes that apply. Texas laws mean nothing to the OP.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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