Author Topic: Legality Issue - Employee Agreement Vs NE Law (Read 3300 times)

SeanN · « **on:** February 25, 2011, 03:49:10 PM »

Here's my problem.

When I got my new job I was really happy because they have no anti-gun postings and have nothing up that states they prohibit concealed carry.

However, on my 2nd day I was going through orientation and they required me to sign the employee agreement which clearly says no firearms allowed in the building. That is fine and within their rights.

The kicker though, is that it also says that no firearms are allowed in employee vehicles either. It specifically says employee-owned vehicles, and not just company vehicles.

I know that I'm covered by Nebraska law to be able to leave my concealed carry weapon in my vehicle regardless of any no weapons signs on any buildings or in the parking lot.

However, since I've now signed this employee agreement, am I no longer protected by the law? Does this somehow supercede the law?

Thanks for reading and I appreciate any advice.

bkoenig · « **Reply #1 on:** February 25, 2011, 04:57:58 PM »

I believe that while you wouldn't be breaking state law you could still be terminated for breaking company policy. My previous employer had the same rule.

Roper · « **Reply #2 on:** February 25, 2011, 05:10:07 PM »

Our company had the same policy until a few years ago when our state law changed regarding concealed weapons being stored in a personal vehicle. I pointed out that the company policy was in conflict w/ NE state law as well as laws in other states where we have employees. We changed our policy to allow employees to have firearms in our private vehicles. We also changed our policy to allow firearms in our company vehicles if the person is legally able to have a firearm. Lots of hunters in the company:)

Chris Z · « **Reply #3 on:** February 25, 2011, 05:46:44 PM »

Understand that an employer in Nebraska can terminate you at any time without having a reason.

They can have the policies all they want, you are not breaking the law.

You don't need to tell them anything, I WOULD NEVER VOLUNTEER ANY INFO, and I WOULD NOT CONSENT TO ANY SEARCHES

bkoenig · « **Reply #4 on:** February 25, 2011, 05:59:54 PM »

I have to say I love my current job. I walked into the boss' office my first week and he pulled open his desk drawer to show me the new Kimber he just bought.

HuskerXDM · « **Reply #5 on:** February 25, 2011, 06:48:16 PM »

I have a similar issue, only being an employee of a public school with the same policy... I would think that by accepting federal funding, a public employer shouldn't be able to tell me I can't legally store my firearm in my vehicle (for going to the range or for CCW once I leave school property).

NE Bull · « **Reply #6 on:** February 25, 2011, 07:10:19 PM »

Our company has a similar policy, but also has a trap team, and many hunters, so it's sort of a understood- don't ask, don't tell type of thing. Heck, the first year or so, I kept a .22 in the gunracks in the back window.

DaveB · « **Reply #7 on:** February 25, 2011, 07:32:12 PM »

The company would need reasonable cause to search a private vehicle on their property and then would need a warrant and police to do it. They would really have to be upset at you to go that far!

SeanN · « **Reply #8 on:** February 26, 2011, 12:47:12 PM »

So sounds like regardless of what they say, I'm not breaking the law just their policy which could get me fired.

Interesting.

I haven't done it yet and I'm not sure I really want to. But it's nice to know I'm not breaking any laws.

The only worry I have is that if I end up having to drive to a company function off-site and have someone in the car with me and just happened to bring my gun with me stored in the car.

From what I understand: A concealed handgun in the glovebox or otherwise in the vehicle can be considered concealed by anyone in the vehicle so if I got pulled over or something and had to tell the officer I had the gun the person with me would be charged with illegally concealing a gun and would definitely tell my boss.

That or I'd have to pull it out ahead of time, and conceal it on my person before they get in the car. That could be difficult.

SeanN · « **Reply #9 on:** February 26, 2011, 12:47:44 PM »

Honestly, it seems like a huge hassle to deal with. I'll probably continue to just not carry to and from work as much as that bothers me.

rluening · « **Reply #10 on:** February 26, 2011, 12:58:54 PM »

My understanding is that a concealed firearm in the glovebox would belong to at least the driver and the front passenger (because they are the ones with access to it). As a permit holder this isn't a problem for you, but would be for the passenger.

Again, as I understand it, a firearm locked in a safe (Center of Mass or other lock box) under the driver's seat, with the driver holding the key, would only be the driver's concealed firearm.

I am not a lawyer.....

/rl

DaveB · « **Reply #11 on:** February 26, 2011, 01:03:45 PM »

Isn't your car an extension of your home in Nebraska? As far as the passenger and a gun in the glove box, that should not be a problem since only one person can claim it. I hope there is just being too much thought going into this. I too am not a lawyer.

66bigblock · « **Reply #12 on:** February 26, 2011, 01:25:11 PM »

Ummm, Can I ask a dumb question?

If carrying is that important to you, why did you not ask the specific question prior to being hired? You indicate that you will be in a company truck, why not ask the question of being to carry and etc BEFORE you accept the job?

Not trying to stir the pot, just asking what I think would be a logical question during the intereview process.

66bigblock

DaveB · « **Reply #13 on:** February 26, 2011, 01:36:30 PM »

With the economy the way it is and the job market in the toilet, would you turn down a job because of this? I like to eat myself, willing to accept some things, and maybe take my chances on others.

Dan W · « **Reply #14 on:** February 26, 2011, 01:57:25 PM »

Quote

From what I understand: A concealed handgun in the glovebox or otherwise in the vehicle can be considered concealed by anyone in the vehicle

I am pretty sure that would only be the case if no one in the vehicle claimed the handgun to be theirs.

rluening · « **Reply #15 on:** February 26, 2011, 02:32:02 PM »

I'd like to believe that too, Dan. I don't want to bet my freedom on it, though. A quick search through Nebraska's statutes didn't reveal anything, but I could have sworn there was a precedent for charging all the passengers in a vehicle with possession of a weapon or drugs regardless of whether someone admitted the item was theirs.

/rl

Dan W · « **Reply #16 on:** February 26, 2011, 02:51:40 PM »

That precedent may exist, but if it did, it existed in the times before a legal CCW was possible.

justsomeguy · « **Reply #17 on:** February 26, 2011, 02:58:12 PM »

Maybe this will shed some light on the subject.

Quote

28-1212. Presence of firearm in motor vehicle; prima facie evidence.

The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.

http://nebraskalegislature.gov/laws/statutes.php?statute=28-1212

rluening · « **Reply #18 on:** February 26, 2011, 02:59:35 PM »

Yup - that's what I was thinking of.

/rl

DaveB · « **Reply #19 on:** February 26, 2011, 04:05:27 PM »

So taking grandma do dinner and getting stopped for speeding will put granny in jail for a concealed weapons charge? Guess there are some things that either need to be changed or dropped. Looks like it was done in 1977, and revised in 1991, may be a little out of date.