PUBLIC employer and CCW
This is a discussion on PUBLIC employer and CCW within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I work for a municipality and park on public premises during work hours. The employee guidelines are a little ambiguous and I'm sure a good ...
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March 2nd, 2008 05:00 PM
#1
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PUBLIC employer and CCW
I work for a municipality and park on public premises during work hours. The employee guidelines are a little ambiguous and I'm sure a good attorney could twist it, but firearm possesion on City property is considered to be prohibited for all employees except police of course.
My question is what authority does my employer have to conduct a search of my vehicle in the parking lot, bearing in mind that it's on public property, (and while no laws are being broken)?
“Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides...” (Thomas Jefferson quoting Cesare Beccaria)
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March 2nd, 2008 05:00 PM
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March 2nd, 2008 05:22 PM
#2
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Did you sign anything saying that they can search your vehicle whenever they feel like doing it?
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March 2nd, 2008 07:23 PM
#3
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Originally Posted by
CyberGuyPR
Did you sign anything saying that they can search your vehicle whenever they feel like doing it?
NO!
“Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides...” (Thomas Jefferson quoting Cesare Beccaria)
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March 2nd, 2008 08:46 PM
#4
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Not a lawyer, but I would say that since your are parked on public property they can not search your vehicle without your permission and reasonable cause.
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March 2nd, 2008 09:04 PM
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Is it legal to store your weapon in the car in Colorado? If so, what probable cause could they come up with? If it's illegal and someone sees you disarming and storing your gun in the car and files a complaint, they might have probable cause to seek a court order to search it.
HOLD IT...I just re-read your original post. You work in the park, and your car is parked in the park parking lot. That's what will make the difference. I'm no attorney either, but could easily see where you're still "in possession" while it is in your car on park property. The first paragraph would apply if the car was parked on the street.
Treat me good, I'll treat you better. Treat me bad, I'll treat you worse.
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March 2nd, 2008 10:47 PM
#6
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My understanding in Colorado is that the parking lot is public and your car won't be searched without probable cause and a search warrant as long as you aren't required to show an ID to park. Of course we are a "at will" state and they can fire you for no reason. They just can't fire you for the wrong reason.
Discretion is your best tool. Don't let a parking lot camera catch you on video "fiddling" in your car. Dis-arm debore you park, store it out of sight in a Center of Mass box or similar and hide the holster. Better yet park on public street parking and walk over.
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March 3rd, 2008 01:00 AM
#7
1943 - 2009
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Take a look at this thread:
http://www.defensivecarry.com/vbulle...l-vehicle.html
It's not specific to Colorado, but there might be something in it that applies to your situation.
When you’re wounded and left on Afghanistan’s plains,
And the women come out to cut up what remains,
Just roll to your rifle and blow out your brains,
And go to your God like a soldier.
Rudyard Kipling
Terry

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March 3rd, 2008 02:40 PM
#8
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I have a similar situation. I work for City Hall, and our regs state that employees are not allowed to have firearms on our person or in our vehicles parked on city owned parking, to include the public parking lot across the street.
Here's the thing. Oregon Revised statutes specifically state that a person who has a Concealed Handgun License can not be prevented from carrying a firearm into a "public building", which includes local government buildings. Oregon law also states that municipalities can not enact concealed carry laws which are more restrictive than the state laws. So, which holds more weight, the state law, or my employee guidelines?
Hopefully, I never have to take it to court to find out.
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March 3rd, 2008 03:22 PM
#9
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This has got me wondering. Since VA has state preemption, does this also apply to employees? Cause cities can't say no in the law....
"Each worker carried his sword strapped to his side." Nehemiah 4:18
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