Does anyone know, is this legal?...

L

Low Key

New member
I live and work in TN and my company has a no firearms allowed policy, (I don't agree with it, but I do abide by it :mad: ). They also say that they have the right to search my vehicle, at any time it is on company property with no warrant, to look for a firearm inside it. If you don't let them search, your fired on the spot.

Now granted they have not done any vehicle searches yet, so are they bluffing on this? If they want the rent a cop to search my truck and I tell them to stick it up their :eek: , do I have any legal legs to stand on or do I just have to let the company invade my property anytime they want to satisfy their anti-gun agenda?
 
Find a good attorney... but it IS private property AND a condition of your employment... I think they have the upper hand on this...

Do you have a good resume' ? Perhaps it is time to freshen it up and see what alternatives you may have... very quietly.
 
If it comes down to it, I have alternatives. I am currently training in another field and have a good resume. If push came to shove my vehicle will not be searched by company personnel whether I have a firearm in there or not, it's the principle of the thing. The police have to have a warrant to search my house, why shouldn't the company have to go get one as well if they want to search my truck? Now if they have probable cause, a search warrant and a LEO...thats another story, but they are saying "Any supervisor can search your vehicle any time they want" and it just brings some questions about the legality of this to mind. Don't get me wrong, it's a good company to work for, but they have some "control issues". And as I said they may be bluffing since there have been no actual searches as yet.
 
Perhaps it is time for a better job, a raise in income and the right to carry whenever and wherever... It sounds like you are in a good position to put it all together! :D
 
If you have dis-allowed items in truck...

Another approach: as they escort you to your vehicle for a search, you develop a sudden case of diarrea, or you just got an emergency call from home - excuse yourself and then just drive off in your vehicle! Remove all offending items at your leasure - they will have no proof of offending items.
 
THis is exactly the fight going on in Oklahoma. If you are an NRA member you should already be fully aware of it, if not join now to help fight it. My opinion is my vehicle is my personal property and the property rights of others ends at its boundry. The company can always just ban all vehicles.

Until laws are established saying this though you are on thin ice. Expect the company to search one day.

I advise leaving the company at best, at worst parking on the public street.
 
As outrageous as that policy is, the Constitution places limits on the government in it's pursuit of evidence against a citizen. An employer who wants to search your vehicle has no way to obtain a search warrant because warrants are only issued to governmental representatives. Your only legal recourse would be to attempt to go after the employer in a civil suit after the employer commits what, if done by the government, would have been a violation of your rights. I think you need to polish the old resume up and start getting it out there so that your labor, which after all enriches your employer, goes to a more friendly company.

Steve
 
Actually it comes down to this. It is the companies property, and they have a right to protect it. This means you agree to abide by their rules, and their rights, or you agree to leave. If they want to search your vehicle you are within your rights to refuse, and to leave. But if you remain on private property of your own free will, then you agree to let them investigate, and search anything that is on their property.

Your rights are even more gone on private property. For instance a LEO generally has to hav a reason to ask you for ID. On private property they can ask you, and search you for no other reason than you agree to it just by remaining there.
 
I can not emphasize enough why this must be fought. Your car MUST be considerred your inviolate property. Company property rights and rights of refusal are already regulated for issues of race and religion, there is no reason that personal conveyances can not be included.

If you fail to see the danger consider this scenario...

EVERY parking lot in the USA owned by a private entity becomes posted no firearms. Currently, except for OK which is at war on the issue, this can easily happen. The Brady Bunch and some lawers convince private property owners of the liability of allowing firearms on their property and every McDonalds, hotel, gas station and other private proerty you ever need drive onto becomes posted. Every gun owner who ever needs to park anywhere will then become a criminal. If you haven't gotten off your ass and started to fight this by joining the NRA do so now.
 
High School....

My high school was the same way as far as the vehicle searches go. If they had even heard a joke about what may or may not be in your car, they would search it. However, if it was locked, they had to have a search warrant to look though your vehicle. AND you had to be present or it wasn't legal. Don't know if this helps or not.
 
The school could be considerred a government entity and as such it is not an issue of property rights. The government needs a warrent, a private party does not. You can either give permission or leave the property. The catch is companies that make it part of your work contract to allow searches of your vehicle.
 
As I understand it, your employer cannot FORCE you to let them search your car. They can ask permission, and you can deny that permission. At that point if they break into your car you can pursue legal actoin against them.

In your situation however, these searches are a term of your employment. You can still refuse the search, but then they can fire you on the spot. You do not have to consent to the search, but if you don't then you also no longer have a job there.
 
This is an interesting dilemma. On the one hand, they're your employer and the search is a condition of employment.

On the other hand, a private entity searching a private vehicle is a violation of your right to privacy.

The big question is what are they "searching for"? They'd better be pretty darn specific or else it's intimidation. And what will they do if they find "something" that's not "prohibited" but is really REALLY shocking? And what procedures are in place to keep the information they gather private?

And, talk about a hostile work environment. Especially if the company goes so far as to require random pat-down searches. That's REALLY a violation of your right to privacy. Might even be criminal battery, sexual harassment or even sexual assault depending on the situation and "victim".

So far, the courts are siding with employers in the interest of protecting the consumer public and the workplace in the areas of smoking and alcohol. I don't know if they will overturn the opinions that say that your civil rights don't just stop at the office parking lot but I wouldn't bet on the employee winning. Follow the money.

At some point you gotta say get stuffed and walk away. No employer has the right to treat their employees as sub-human or as their posession. If yours does, beat feet.
 
On the other hand, a private entity searching a private vehicle is a violation of your right to privacy.
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No it isn't. The one thing you guys are not getting here is that if you choose to remain on private property you agree to abide by their wishes. Now if they restrain you, and search your vehicle without a warrant, or your person, then your constitutional rights hve been violated. To search anything on their propety is not a violation of the constitution, only when you become forced to do so against your will.


Can companies make random pat-downs or strip searches a condition of employment?
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Generally speaking as long as it is done by a person of the same sex, yes. But that would go further than most would allow. Then there would be no employees.
 
"a private entity searching a private vehicle is a violation of your right to privacy."

No, it is not. The Constitution protects against governmental intrusion,not private. Assuming that the vehicle is on the employer's property they also have a right to protect the interests of the company. Dont like it, work elsewhere, or rat out the people you know that are ripping off the company blind and stealing everything from toilet paper to trade secrets.
 
You should take that sign off your car, the one that says "HEY LOOK THERES A GUN IN HERE".

Or hey stop telling people, online you're a binary set of numbers, so sure talk about it online.

What is more important, you or your job? you think someone bent on a rampage will follow the no guns allow rule? If you do, then maybe it's time to go get out your cave, and open your eyes to reality.

Look at the carry rules at work like this...what they are basically saying is... DONT ASK DONT TELL.

::Awaits Sendecs rebuttle::
 
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