Property rights issue

Property rights issue

This is a discussion on Property rights issue within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I work for a small company that is contracted through a much larger company. This larger company is claiming that they've heard talk of firearms ...

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    Member Array Torrid's Avatar
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    Property rights issue

    I work for a small company that is contracted through a much larger company. This larger company is claiming that they've heard talk of firearms and is warning both their employees and my company of their weapons rules in the company handbook, of which we have similar language in ours. Now on to the problem.

    This larger company believes that they have the right to search any car in their lot, even though it is a non secured wide open lot that any Joe Schmoe could pull into. They also believe they can terminate anyone that refuses the search or in my case, refuse me entry into the secured part of the premises where I work. Needless to say I have not been parking in their lot to avoid the issue altogether, but I cannot see how any company would risk a lawsuit in such a manner. I can imagine how this is legal in any way, especially in Nevada.


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    Quote Originally Posted by Torrid View Post
    I work for a small company that is contracted through a much larger company. This larger company is claiming that they've heard talk of firearms and is warning both their employees and my company of their weapons rules in the company handbook, of which we have similar language in ours. Now on to the problem.

    This larger company believes that they have the right to search any car in their lot, even though it is a non secured wide open lot that any Joe Schmoe could pull into. They also believe they can terminate anyone that refuses the search or in my case, refuse me entry into the secured part of the premises where I work. Needless to say I have not been parking in their lot to avoid the issue altogether, but I cannot see how any company would risk a lawsuit in such a manner. I can imagine how this is legal in any way, especially in Nevada.
    Who owns the parking lot? You can park elsewhere as you do, or abide by the company rules.

    The parallel is the search so many willfully submit to, though it is a greater invasion than a car search-- urine based drug testing for employment. The question, "what gives them the right" is answered by you want the job, they want to know that you are clean.

    In this instance, the "larger company" could be treading on thin ice if they chose to search a car belonging the public (you did say the lot is open to the public) and the owner declined. They (the larger company) have no leverage on others except to tell them they should park elsewhere next time. To the contrary though, they can tell you to do what they want or get fired.

    There have been companies who fired folks for off site conduct such as smoking at home.

    We need much stricter employee rights in this country, and yes corporate/employee abuse needs to be curtailed. But, that isn't where one half or more of the electorate is as they don't give a dang about anyone's rights so long as their ox isn't gored.
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    Member Array Torrid's Avatar
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    There is a large collection of CCW permit holders there. I did notice the last couple of days the lot looks fairly empty and I've had more vehicles parked around me at the generic lot around the corner. Almost everyone there is pro gun and actually strikes up a lot of conversation. It is only the top tiers of the company that have any anti-gun sentiment.

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    Keep doing what you are doing and advise others that carry to do the same...Your job seems to be riding on it....
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    Check out what they did in Florida. Same problem, but it came to a head and vote. End result, you can keep your guns and park in their lot. I can't recite all the specifics, but it was to do with the fact that it interfered with your self defense rights while coming to and from work by prohibiting you the ability to have a firearm in your vehicle.
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    Quote Originally Posted by Torrid View Post
    I work for a small company that is contracted through a much larger company. This larger company is claiming that they've heard talk of firearms and is warning both their employees and my company of their weapons rules in the company handbook, of which we have similar language in ours. Now on to the problem.

    This larger company believes that they have the right to search any car in their lot, even though it is a non secured wide open lot that any Joe Schmoe could pull into. They also believe they can terminate anyone that refuses the search or in my case, refuse me entry into the secured part of the premises where I work. Needless to say I have not been parking in their lot to avoid the issue altogether, but I cannot see how any company would risk a lawsuit in such a manner. I can imagine how this is legal in any way, especially in Nevada.
    I think it could be - searching your car and how they could do that is a question but maybe it is. If it is legal, then they can set their own policy regarding compliance to that or whatever they want. The point about searching your car may be "scare talk". I.E., they wouldn't actually do it. Interesting question for a good attorney.

    If you are still going to Carry there, I think you have to ask yourself if the actual danger at your place of work is at a level that it is worth you possibly losing your job. If it is, I'd be looking for another job anyhow.

    My view.........

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    Quote Originally Posted by Hopyard View Post
    Who owns the parking lot? You can park elsewhere as you do, or abide by the company rules.
    ...or use a very safe and unique hiding place in your vehicle.I'm just sayin'...
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    Member Array Torrid's Avatar
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    Quote Originally Posted by walleye View Post
    I think it could be - searching your car and how they could do that is a question but maybe it is. If it is legal, then they can set their own policy regarding compliance to that or whatever they want. The point about searching your car may be "scare talk". I.E., they wouldn't actually do it. Interesting question for a good attorney.

    If you are still going to Carry there, I think you have to ask yourself if the actual danger at your place of work is at a level that it is worth you possibly losing your job. If it is, I'd be looking for another job anyhow.

    My view.........
    I wouldn't really be concerned about not being able to carry if I didn't take my daughter to daycare each morning. It does makes me uncomfortable when I'm not armed, but I draw the line at my family.

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    Maine just addressed this issue, in the form of a new law. This law makes it so people with a CCP and keep there firearm in the car. The car has to be locked and the firearm out of sight.
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    Nevada law allows a firearm to be carried in one's car because a car is considered an extension of one's home.

    That employer cannot do what they are claiming. My advice to you is to contact an attorney and let him advise you on an appropriate course of action.

    Here is a higher court decision that supports that http://www.nraila.org/News/Read/News....aspx?ID=12135

    However nevada is a right to work state so they can terminate you at will. Like I said contact an attorney.
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    Quote Originally Posted by boatail View Post
    Check out what they did in Florida. Same problem, but it came to a head and vote. End result, you can keep your guns and park in their lot. I can't recite all the specifics, but it was to do with the fact that it interfered with your self defense rights while coming to and from work by prohibiting you the ability to have a firearm in your vehicle.
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    Quote Originally Posted by spike View Post
    Maine just addressed this issue, in the form of a new law. This law makes it so people with a CCP and keep there firearm in the car. The car has to be locked and the firearm out of sight.
    Quote Originally Posted by azchevy View Post
    Nevada law allows a firearm to be carried in one's car because a car is considered an extension of one's home.

    That employer cannot do what they are claiming. My advice to you is to contact an attorney and let him advise you on an appropriate course of action.

    Here is a higher court decision that supports that http://www.nraila.org/News/Read/News....aspx?ID=12135

    However nevada is a right to work state so they can terminate you at will. Like I said contact an attorney.
    Except if they figure out you are not toeing their line, they will find another reason to fire you then their problem is solved. I would not put any reliance in these parking lot laws except for the fact that they can't charge you with criminal trespass.
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    Member Array Ishmael's Avatar
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    Yes, you could likely win in court.... because you'll be unemployed and have lots of time to devote to it.
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    Quote Originally Posted by ksholder View Post
    Except if they figure out you are not toeing their line, they will find another reason to fire you then their problem is solved. I would not put any reliance in these parking lot laws except for the fact that they can't charge you with criminal trespass.
    I did follow up with: However nevada is a right to work state so they can terminate you at will. Like I said contact an attorney.

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    Ex Member Array MadMac's Avatar
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    Word has obviously trickled up to senior management regarding your little interoffice chats about your guns, and they are trying to send a stern message. IANAL and would not presume to tell you if they could legally prevail in court, but they are sending you guys a strong message still the same.

    If you like your job and prefer to keep it, I would would suggest you follow their corporate rules to a "T", and keep mum - even among your coworkers - about your firearms. However, if they would demand to search my car, I would refuse just like I would refuse a cop during a traffic stop. I don't give up my Fourth Amendment rights without a determined fight. I would also understand that my refusal may have me faxing resumes the next day from the local Pack-N-Ship.

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    Ex Member Array azchevy's Avatar
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    Start talking to your coworkers how your cousin recently shot himself and you are starting to realize that firearms don't belong in civilian hands. Talk about how you don't see a need to civilians to own guns and only the police should own them. Do that for a month or so until people start seeing you as an annoying anti.... then STFU about your guns from here on out ( which you should have done to begin with) and do your thing.

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