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Twin Cities Carry Forum Archive • View topic - Employee handbook gun rules; does this violate the 2nd?
 
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 Employee handbook gun rules; does this violate the 2nd? 
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 Post subject: Employee handbook gun rules; does this violate the 2nd?
PostPosted: Mon May 04, 2009 4:32 pm 
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Hello, Not sure where to post this one.

I was reading through the employee handbook on my employers website. The rule about not having firearms in the parking lot concerns me.
What do you think?
So, I cannot carry to work, even if I leave the gun locked in my car?



From the employee handbook: (employers name replaced with XXXXXX.)
"Therefore, it is against company policy to use or possess firearms, concealed or otherwise, in XXXXXXX facilities. This includes, but is not limited to, offices, manufacturing facilities, and warehouse or storage facilities, vehicles and includes XXXXXXs' parking areas. As such, XXXXXXX will conspicuously post signs at every entrance in its facilities in accordance with the legal requirements. The signs will state, “XXXXXX INDUSTRIES BANS GUNS IN THESE PREMISES”."


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PostPosted: Mon May 04, 2009 4:46 pm 
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I think there was a post like this recently. If I recall, your vehicle is your private property and not subject to your employer's no-guns-in-cars rule. Their are laws in place which prohibits you from carrying IN the workplace if your employer says so.

Now the only thing you'll need to worry about is when your car will be broken into while your at work :(


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PostPosted: Mon May 04, 2009 4:49 pm 
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Found it:
http://www.twincitiescarry.com/forum/viewtopic.php?t=12586


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PostPosted: Mon May 04, 2009 4:52 pm 
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Jai9100 wrote:
I think their was a post like this recently. If I recall, your vehicle is your private property and not subject to your employer's no-guns-in-cars rule. Their are laws in place which prohibits you from carrying IN the workplace if your employer says so.

Now the only thing you'll need to worry about is when your car will be broken into while your at work :(


Right and wrong.

Right: They cannot prohibit you from having a gun in your car.

Wrong: There are no laws about employees carrying against policy.

All that said, you can still be fired. Would they be dumb enough to say it was for having a gun in the car? I hope so, I'd like to see the lawsuit. Brought by someone else, mind you. I like employment.

-Mark


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PostPosted: Mon May 04, 2009 4:58 pm 
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mrokern wrote:

Wrong: There are no laws about employees carrying against policy.



What are you referring to? :? :?


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PostPosted: Mon May 04, 2009 4:59 pm 
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Jai9100 wrote:
mrokern wrote:

Wrong: There are no laws about employees carrying against policy.



What are you referring to? :? :?
Minn. Stat. 624.714 . It's available online, and in the book.

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PostPosted: Mon May 04, 2009 5:02 pm 
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I was referring to what I was wrong about.


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PostPosted: Mon May 04, 2009 5:22 pm 
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Jai9100 wrote:
I was referring to what I was wrong about.


He was referring to this part:

Quote:
Their are laws in place which prohibits you from carrying IN the workplace if your employer says so.

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PostPosted: Mon May 04, 2009 5:28 pm 
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I thought we can't carry inside our employer's building, if so posted??

Well, I'm still reading the Minn. Stat. 624.714, so maybe I'll come across it (or not come across it?) sometime around midnight maybe. :lol:


Last edited by Jai9100 on Mon May 04, 2009 5:32 pm, edited 1 time in total.

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PostPosted: Mon May 04, 2009 5:30 pm 
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Jai9100 wrote:
I thought we can't carry inside our employer's building, if so posted??
The real issue around carry in your employer's building isn't the posting; doesn't matter much, either way.

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PostPosted: Mon May 04, 2009 6:51 pm 
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Since the information you were seeking has been provided, let me address the question you posed in the post title:
Quote:
Employee handbook gun rules; does this violate the 2nd?

No. A private entity, especially one into which you have entered a mutually agreed upon contract with, cannot violate any of your civil rights.

I dare say that an employer cannot even violate your human rights with a self-defense resrictive policy. If you do not like the policy, do not choose to work under those conditions.


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PostPosted: Mon May 04, 2009 7:22 pm 
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Employers, being private entities, can setup rules of how they wish to do business. They can say they don't want their employees to carry guns, and so long as there is no law saying they can't do it the company can make the policy.

If you carry a gun into your place of employment and they have a no gun policy I don't believe they can do anything legal against you. But they sure as the heck can fire you for violating company policy.


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PostPosted: Mon May 04, 2009 7:35 pm 
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I have a simple mechanical mind. So here I go. (correct me if I'm wrong)

From what I've read and learned about the law and my workplace policy; I can carry during my commute to work. However, as soon as I pull into my parking spot at work, I am not breaking the law, but just violating work policy if they found out I had a firearm in the car. I could get fired for that.

So, how would they find out if I carry to work? Can an employer perform searches for prohibited items in locked cars? Can I refuse to open my car if a search by the employer is requested?

Is it too simple to say "don't ask, don't tell?"


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PostPosted: Mon May 04, 2009 7:36 pm 
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SultanOfBrunei wrote:
I dare say that an employer cannot even violate your human rights with a self-defense resrictive policy. If you do not like the policy, do not choose to work under those conditions.

I am questioning this statement. If it is true, an employer could be racist or sexist (as long as it's their policy). There are all sorts of lawsuits over those issues. Why do they have to accept all races and pay sexes equally, but they dont have to allow the 2nd amendment in the workplace?

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PostPosted: Mon May 04, 2009 7:52 pm 
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PocketProtector642 wrote:
I am questioning this statement. If it is true, an employer could be racist or sexist (as long as it's their policy). There are all sorts of lawsuits over those issues. Why do they have to accept all races and pay sexes equally, but they dont have to allow the 2nd amendment in the workplace?

I think an employer should be allowed to be racists, sexist, ageist, etc. I also believe Gov't should have very little power to meddle in contracts between private individuals.


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