I'd like to pose a CCW question to the forum

M

misnomerga

New member
There is a bit of controversy in the State of Georgia about where you can and can't have your gun, specifically in your car on a private company lot. Some believe that according to the recent legislation passed Georgians can keep their guns in their cars on an employer's grounds. The company I am with had prior to this legislation put out an email that said any employee found with a handgun in their car on company grounds would be summarily terminated. They further stated that they maintained the right to do random spot checks with trained dogs if needed. What would you of the CCW community say about this?
 
I'm not a lawyer, Thank God, but it seems to me that it is the company's lot and they can make the rules. I'd try to park off the lot and walk.
 
Depending on how the law was written of course, but as an example, in Kentucky, a company cannot legally keep you from having a gun in your car even if it is parked on company property. Of course, companies do prohibt firearms nonetheless and a gun in your car usually results in a termination. However, I'm not aware of any cases in Kentucky where the law was actually put to the test.

Your best bet would be the state AG to really get to the meat of the law because as noted, people want to apply the law in a manner that best suits them.
 
Don't know about any new law...

If it was me I would continue to carry a gun in the car and park in their lot... do nothing wrong and give them no reason to search your car... which I'm pretty sure they can't do with out your permission.

I can't figure out what a dog is going to find any way... what if you hunt and have powder residue in your car... the worse a dog is going to do is 'tag' a car and they are going to ask to check it. They can probably fire you for refusing...

Keep in mind the whole reason for the company policy is because of their lawyers. I'll bet dollars to donuts that their unwritten policy is to NEVER do a random check... unless they get a note from high up to downsize.

Its all about limiting liability and controlling cost... if they fire you and lawyers get involved they are going to be spending a lot of money.
 
Hmmm.....

If it was me I would continue to carry a gun in the car and park in their lot... do nothing wrong and give them no reason to search your car... which I'm pretty sure they can't do with out your permission.
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My opinion is worth exactly what you paid for it, but here it is. I don't know Georgia gun laws, but in Oregon failing to regard private property rights can, in extreme circumstances get your right to carry taken away. It can become a crime (trespassing) to carry when signs or rules posting no firearms allowed which can impact your rights going forward.

As Kreyzhorse recommends, call your Attorney General's office before you make what could be a very costly decision to do your own thing.

Good luck,
Tony C.
Willamette Valley, Oregon

“As for me, I know that my Redeemer lives,
And at the last He will take His stand on the earth.
Even after my skin is destroyed,
Yet from my flesh I shall see God” Job 19:25-26 NASU
 
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The lot is the companies property but the car is your property at least the interior I believe has been rules in court to be personal and protected. We are trying to get this in Indiana (still trying)
If the company has a gated, patrolled or otherwise protected lot then they have the say. If it is a public parking lot (accessed by the public, no signs or gates) then you are protected in the interior of your car.
Personally, I think if they are going to drive me to work and back home then it is up to them, if not then I have to be responsible for myself on the highway at all times of the day and night. I work for a railroad and drive 58 miles to work and home.
I'm not a judge or jury, just my opinion
 
For a comparison example;

Disney has been fighting the parking lot issue for a while now. They claim the employee lot is controlled access and not public access. Your car is now in their property.

To balance that, malls and most chain stores have removed "No Weapons" signs.
The reason is, if an event happens there causing injury, and you could've prevented it if you had your gun, they can and have gotten their tails sued off.

A careful approach to your boss with a well documented presentation may give the lawyers a change of heart(lessness).
 
Their Property

Bottom line is: Do you like your job. I am sure the company would terminate you if a weapon is found in "your" car on "their property". The company sets the policy for their company and you are their employee. Do you have the funds to fight them in court.?
 
What would you of the CCW community say about this?
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I've always said if you don't want to follow their rules, go find another job. But if you agree to accept a paycheck from them there is the understanding that you have agreed to follow the rules they have established for working there and getting paid. Very simply, it is an honesty and ethics issue to me. The legal issue is best addressed through your attorney, or if the law is unclear, an AG opinion.
 
With increasing incidents of violence in the workplace, many employers have published rules prohibiting the possession of weapons on Company property. That is their right -- indeed some would argue that it is their responsibility to protect the employees as a group.

I don't know Georgia law at all. Here in Virginia the employer's rule would be enforcable and employee fired for violating it would have no legal recourse, in my opinion. Here, employees are generally terminable at will for any reason or no reason whatever, provided that the termination is not motivated by race, gender, age, etc. or does not violate some statutorily established public policy. One could argue, I suppose, that the CCW law creates such a public policy allowing permit holders to carry; but because Virginia law prohibits carrying on private property where the owner prohibits it, I don't think that argument would prevail here.
 
Krazyhorse is right I know in Kentucky they cannot bring legal action against you, but they can fire you over having a weapon in your car. The law here doesn’t protect your job only you against charges.
 
At the college where I work (Oregon) the board was to vote on a rule designating a car parked on the property as being "college property" and subject to search. Once this became known by staff and widely condemned the college board backed off.

Private property owners including shopping malls, etc. have posted signs restricting possession of concealed weapons. If you ignore the signs and are found on the property with a weapon they can ask you to leave. If you don't leave you're subject to being cited for trespassing. You will be subject to an illegal weapons charge if you don't have a carry permit. First order of business is if you have a concealed weapon, keep it concealed.

As far Georgia law is concerned I'd check state statutes regarding the possession of weapons on private property. I'd also get an attorney to look over the restriction and see just how legally binding it is. I'm not sure that calling anyone in the state government would suffice for these reasons. If you are talking to someone who isn't keen on firearms they will most likely state opinion and/or bias the wording of any official policy.

I suspect the cost of manpower and having a trained canine inspect vehicles for weapons would be cost prohibitive. If it has never been done since the rules regarding on site possession went into effect, I doubt they'd be doing it at all.
 
If I did not put my signature on a papper stating they have my permission to search my truck then they would not search, Bottom Line :mad:
 
Disney in Fla has been fighting employees having guns even after the State passed a law in July 08 making it legal to have a gun in your personal car at work if you have a CCW. Their claim was that the Fla law had exceptions including places that are licensed to handle explosives. Disney, with all their fireworks shows, claims they are exempt.

http://www.wftv.com/news/17203799/detail.html

Last I heard, the recent agreement (last 60 days) was that Disney would provide a separate parking lot for employees having guns in their car. Vistors are still banned from having guns in their car. I read that on one of the forums but haven't confirmed this with any media.
 
Now that the new legislation is in effect:

Has your employer reiterated their policy?

In any case, such a discharge would be subject to a test in court. Any HR excecutive would be reluctant to take on such a case without some significant addtional factor. Something besides a general "witch hunt" would have to be involved to take on the unknown legal ramifications.

On the other hand, it was kind of weird that your employer issued that policy in the first place. A declaration of policy does not necessarily make it legal.

Nothing is certain. The Georgia statute revision was as much to do with underscoring what is personal property and to what extent can one party exercise control of another party's liberty. Whether it did will eventually be a judge's interpretation.
 
"Disney would provide a separate parking lot for employees having guns in their car," WOW! Can you imagine that little piece of information going public. Now you receive free firearms with each stolen vehicle.:rolleyes:
 
Ask HR why they think they can single out firearms to extend the company's reach into your personal vehicle. Do they prohibit alcohol? What if you were heading to a picnic after work and had case on ice in the trunk? Do they prohibit CD's with offensive language? Pornography? Cigarettes? If not why not? Since they are extending their reach into your car are they providing 100% insurance coverage for anything that happens to your vehicle while it's on their lot? If someone with a CCW permit gets robbed or rapped going to or from work and is unarmed because of the company policy, does the company assume responsibility because their workplace policy extended into the employee's personal time/space and left them unable to defend themselves?
 
Wuchuck, hit the nail on the head...

it has to do with the time you and your car are not on their property.... I would think to make the no gun in car rule viable the company would have to supply lockers and personnel to log in and secure your gun. That is the logical solution to me if they don't want you to have a gun in your car which you can otherwise have legally any other time.

If I ever went back to work for 'The Man' and I saw that in their company rules, that is what I would ask for.
 
Concealed is concealed, and it's not hard to fully conceal your weapon in your car. So no one is going to know that it's in your car if you don't tell them.
That's point number 1.

Point number two is that neither government nor private corporations have the right to search your car without your consent. That's a right that is well established and solidly anchored in the Consititution itself. So don't give anyone permission to screw with your car.

Point number three is that if a weapon is found in your car, then it was found in an illegal and unconstitutional manner. In that case, you will be fired.
Then you can bring a humongous lawsuit agains the company for violating your Constitutional rights and also be paid for all your back pay while off the job.

Point number four is that with the proceeds from your lawsuit, you can go tell the company to go screw itself and you get to spend lot's of time in Cancun or the Florida Keys. That's called "retirement", and is best done at a young age as you would be able to do.
 
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