Need some help!

[pig957]

My employer has a "no gun in your car on our parking lot" policy. I understand that this the company's right, however, it has been stated that if the management suspects a violation, they will seach your car.

Can anyone point me to a state or federal law that gives them the right to search an emplyees car under these circumstances? Your opinions are fine, but I need legal statues.

 

[JohnP82]

I do not know of any laws to help you, but I am pretty sure since it is their private property they can do this or terminate employment if refused. I do not agree with this process, but they do have the right to have their own rules on their property. I too have had this same situation and I use the don't ask don't tell policy. I keep it secured in my truck and I do not let anyone know. Good luck.

 

[shibumiseeker]

They have no "right" to search your car, but if you check your employment agreement you may find that you agreed that refusal is grounds for termination, same is as refusing a drug test for places that require those. Even if you don't have that in the enployment agreement, they can still do it for "violating company policy."

 

[Indy_Guy_77]

Opinion:

I don't think that they can LEGALLY search your vehicle without your consent.

If you refuse, though, they reserve the right to terminate your employment... (duh).

If the situation were to arise, tell them that you'll need to see a search warrant. If things proceed, then I don't think the threat of legal action on your part will matter.

Can you park in another lot and walk the rest of the way?

 

[Scutter01]

My employer has a "no gun in your car on our parking lot" policy. I understand that this the company's right, however, it has been stated that if the management suspects a violation, they will seach your car.

Can anyone point me to a state or federal law that gives them the right to search an emplyees car under these circumstances? Your opinions are fine, but I need legal statues.

They don't have the right to search your car unless you signed an agreement to such during your employee orientation. In that case, refusal may be grounds for dismissal. Lacking a contractual agreement, simply parking your vehicle on their property does not waive your rights.

 

[Joe Williams]

There is no such law. They can demand to search your vehicle, you can refuse, they can fire you. This does NOT however, give law enforcement the right to search your vehicle, nor may your employer grant such permission to them.

Your options are:
1) comply with their policy
2) keep a gun in your car anyway, keep your mouth shut about it, and deal with any problems that may arise
3) park off company property

If you don't like your job much, you could always send them a letter stating that if you suffer injury, on or off their property, as a result of them rendering you unable to defend yourself that either you or your heirs intend to hold them accountable in civil court for their negligence. Such negligence clearly established by the fact that victim disarmament zones have proven time and again to be ineffective, and that the ability for law abiding citizens to protect themselves has proven effective in stopping active shooters and other criminals. Your employer may not much like getting such a letter, though

 

[JohnP82]

They don't have the right to search your car unless you signed an agreement to such during your employee orientation. In that case, refusal may be grounds for dismissal. Lacking a contractual agreement, simply parking your vehicle on their property does not waive your rights.

Nice responses, good to know!

 

[homeless]

If they have a policy that bars you from keeping it in your vehicle, I guess you will just have to keep it with you.

 

[pig957]

Thanks everyone for your input. I figure that if it comes right down to it; I'm going to be homeless and unemployed.

 

[homeless]

Only I can be me, but you are more than welcome to emulate my level of awesome.

 

[alwalker84]

Dont ask dont tell is my policy.

And theres no way in heck id consent to any search of my vehicle without a search warrant for probable cause for investigating a crime commited.

 

[hunter_47443]

Just saw this in Terre Haute News.....

Indiana House panel approves guns-at-work bill
By Charlie Wilson
Associated Press

INDIANAPOLIS — A bill that would prohibit companies from banning guns in people’s locked cars at work is on its way to the Indiana House floor.

The House Natural Resources Committee voted 10-1 to pass the bill Wednesday. The panel approved amendments that would allow domestic violence shelters and homeowners to prohibit firearms on their property.

The bill also would exempt refineries and certain facilities such as chemical plants that must register under anti-terrorism regulations.

Another amendment would protect businesses from being sued if the company follows the law and someone is harmed in a workplace shooting.

A Senate committee has approved a similar bill.

The National Rifle Association says 11 states already have such laws.

 

[SedahDrol]

Just saw this in Terre Haute News.....

Indiana House panel approves guns-at-work bill
By Charlie Wilson
Associated Press

INDIANAPOLIS — A bill that would prohibit companies from banning guns in people’s locked cars at work is on its way to the Indiana House floor.

The House Natural Resources Committee voted 10-1 to pass the bill Wednesday. The panel approved amendments that would allow domestic violence shelters and homeowners to prohibit firearms on their property.

The bill also would exempt refineries and certain facilities such as chemical plants that must register under anti-terrorism regulations.

Another amendment would protect businesses from being sued if the company follows the law and someone is harmed in a workplace shooting.

A Senate committee has approved a similar bill.

The National Rifle Association says 11 states already have such laws.

Those amendments are good and cover all the issues most people would have. A homeowner can always tresspass you period, so that aspect of the law is moot. A lot of people may think that this is government over reaching their bounds, but there is plenty of precedent where business are forced to respect your civil rights.

Your employer can only do to you what you allow them to do. Remember indiana is an "Employment At Will" state, they can pretty much fire you for any reason. Cause is only an issue for unemployment.
As other people said what your employer doesn't know doesn't hurt them. Hell I would carry on the job if I had a good concealment piece.