Employer Parking lots

Employer Parking lots

This is a discussion on Employer Parking lots within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I apologise first if this has already been discussed but I am trying to do some research to prepare to appear before a legislative subcommittee ...

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Thread: Employer Parking lots

  1. #1
    New Member Array Sky King's Avatar
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    Employer Parking lots

    I apologise first if this has already been discussed but I am trying to do some research to prepare to appear before a legislative subcommittee in Nashville this Wednesday.

    I need as much info or links to info as I can get regarding states that have provisions in their CCW/Carry permit statutes that protect the ability for an employee to keep their weapon secured in their personal vehicle while parked in their employers parking lot.

    As of right now, Tennessee statutes do not offer this protection but there is pending legislation to do so. It is receiving heavy opposition.

    I know several years ago, Oklahoma passed such a bill but it was challenged in court by several large corporations based in that state. The last I heard was after several court battles, it was struck down at a federal court level.

    It is my understanding that Kentucky has this protection written into their CCW statute.

    If any of you out there know which states have this, I would love to hear from you. It would be of particular help if I could get links to the statute.

    Thanks in advance for any help


  2. #2
    VIP Member Array Eagleks's Avatar
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    Kansas has it , in that you cannot be charged with a crime if your gun is in your car in a parking lot accessible by the general public.

    However, it's useless, as it's a right to work state and if they prohibit it by their policies, they can still fire you for it.

    We need to get the later part into the bill, so we can actually not let employers take away our rights.

  3. #3
    Member Array lockdnloaded's Avatar
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    Look up the Florida laws. We can have a gun on the premises, it is just the employers right to say if it can come in the building or not.

  4. #4
    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by Sky King View Post
    I know several years ago, Oklahoma passed such a bill but it was challenged in court by several large corporations based in that state. The last I heard was after several court battles, it was struck down at a federal court level.
    Thanks in advance for any help
    The OK State appealed the strike down by the Federal Court and won at the Federal Court of Appeals level. Google is your friend for any links to this...

    ...and this forum:

    http://www.defensivecarry.com/vbulle...where-now.html

    Rick

  5. #5
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    Oklahoma did change their law which made it legal to keep a gun in your vehicle in a company parking lot. I was challenged and the state loss. On appeal to the 10th Circuit Court of Appeals the state law was upheld. Below is a link to the court ruling:

    http://www.defensivecarry.com/vbulle...urprising.html


    Hope this helps you.

  6. #6
    Distinguished Member Array Bob The Great's Avatar
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    Louisiana recently enacted a similar law, but I haven't heard of any court cases regarding it. Look up Louisiana act 684.

    Oh, and I heard there's one recently introduced in Texas, too.
    "A well-educated electorate, being necessary to the continuance of a free state, the right of the people to keep and read books shall not be infringed."
    Is this hard to understand? Then why does it get unintelligible to some people when 5 little words are changed?

  7. #7
    Distinguished Member Array T Bone's Avatar
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    Florida does have a law protecting the rights of firearms owners to keep a weapon secured in their vehicle on company property. Last year I worked a bit at a Fl. nuclear power plant and was even able to keep a pistol properly secured in my car there (unusual for a nuke plant, trust me!).
    Regards, T Bone.


    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety". Benjamin Franklin

  8. #8
    New Member Array Sky King's Avatar
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    Thanks

    I would like to thank all who have responded. All of the information has been very usefull. Please continue to provide info as you can. I certainly hope we can get this important legislation passed in Tennessee. It does not effect just Tennessee residents but residents of adjacent states who have permits honored in Tennessee and work in Tennessee.

  9. #9
    New Member Array todd2968's Avatar
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    What needs to be enacted across the board is if any employer (even schools, bars and churches) want a gun free zone then they have to provide 1 armed guards at every exit and walking around every 100 people.

  10. #10
    Member Array XDFender's Avatar
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    Quote Originally Posted by Eagleks View Post
    Kansas has it , in that you cannot be charged with a crime if your gun is in your car in a parking lot accessible by the general public.

    However, it's useless, as it's a right to work state and if they prohibit it by their policies, they can still fire you for it.

    We need to get the later part into the bill, so we can actually not let employers take away our rights.
    Sorry Eagle--but this is wrong. The Kansas law explicitly prohibits employers from implementing personnel policies that prohibit employees from keeping firearms in their vehicles when parked on employer's property. The Kansas statute creates an exception to the employment-at-will standard, meaning that an employer may not penalize an employee--including firing them--for keeping a firearm in their vehicle, even when the vehicle is parked on the employer's property. The 10th Circuit Court of Appeals recently rejected attempts by several corporations to challenge Oklahoma's similar statute, when the corporations argued that OSHA regulations preempted the OK law.

    Employment-at-will laws mean only that employers may fire employees for no reason at all or for any lawful reason. But there are numerous examples all across the country where states have created exceptions to that rule by prohibiting employers from taking any action against an employee based on various reasons--e.g., sex, race, religion, age, and--in Kansas and some other states--for keeping firearms in the employees' vehicles, even when on employers' properties.

  11. #11
    New Member Array Sky King's Avatar
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    Quote Originally Posted by XDFender View Post
    Employment-at-will laws mean only that employers may fire employees for no reason at all or for any lawful reason. But there are numerous examples all across the country where states have created exceptions to that rule by prohibiting employers from taking any action against an employee based on various reasons--e.g., sex, race, religion, age, and--in Kansas and some other states--for keeping firearms in the employees' vehicles, even when on employers' properties.
    This is correct. Tennessee also is an employment-at-will state. In discussions at work concerning this and not necessarily involving firearms, I have often said that if an employer wants to fire you in such a state, they would be better off not giving a reason. The employment-at-will provision basicaly allow them to fire you for no reason at all. If they actually do state a reason, the dismissed employee would have grounds to make the employer substanciate the basis for the firing. So you still have to be careful in states that have this provision. If your employer did want to fire you on any of the grounds that exceptions have been implemented, all they would have to do is just fire you and not say why.

    Disclaimer: I am not a lawyer and this is not real legal council but that is the way I would see it.
    Tennessee Firearms Association

  12. #12
    Member Array hidden's Avatar
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    Quote Originally Posted by Eagleks View Post

    However, it's useless, as it's a right to work state and if they prohibit it by their policies, they can still fire you for it.
    Just a note as I hear Right to Work state misinterpreted often...a Right to Work state refers primarily to collective bargaining/unionization - and prohibits a worker from being required to join a union as a condition of employment. It has nothing to do with not requiring cause to terminate.

    You will want to makes sure you look at "At Will Employment" legislation in your state.

  13. #13
    New Member Array Sky King's Avatar
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    Quote Originally Posted by hidden View Post
    Just a note as I hear Right to Work state misinterpreted often...a Right to Work state refers primarily to collective bargaining/unionization - and prohibits a worker from being required to join a union as a condition of employment. It has nothing to do with not requiring cause to terminate.

    You will want to makes sure you look at "At Will Employment" legislation in your state.

    You are also right. "Right to work" and "At will Emoployment" involve two different groups. "Right to Work" relates to the EMPLOYEES, while "Employement at will" relates to the "EMPLOYER".

    Tennessee is both a "Right to Work" AND a "Employee at Will" state.

    But the main concern here regardless of what the conditions are, employers should not be allowed to terminate or otherwise disipline a worker for keeping their firearm secured and locked in their vehicles while parked in employee parking lots.

    The opposition generally takes the position that the parking lot is private property and they oppose the state telling them what they can and can not do. While I agree in principle about private property rights, I believe there to be exceptions in this case.

    First, while it is private property, it is not like the parking lot of your favorite shopping center. You can CHOOSE whether or not you wish to patronize a shopping center. For the most part, employees are told where they are to park while at work.

    Second, by prohibiting the storing of a weapon, the employer is telling me what I can and can not have in MY private vehicle even when it is not on their property during my commute to and from work.
    Tennessee Firearms Association

  14. #14
    Member Array tigerwoods's Avatar
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    AZ may be on its way

    to passing a law allowing firearms to be carried/stored/secured in an employees vehicle

    HB 2474

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