NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: kracin on December 19, 2015, 05:11:30 PM
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anybody know if your work has any legal ground to say you can't have a gun with the proper permits in the parking lot? can't carry inside obviously, or carry in the parking lot itself, but does the law apply the same here as it does to other places that have "no guns" signs or are prohibited by the law itself and require the gun to be locked in the car prior to exiting??
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http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/State_Patrol/Title-272/Chapter-21.pdf (http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/State_Patrol/Title-272/Chapter-21.pdf)
Read 018.06 and see what you think.
My non-expert opinion is that they cannot legally prevent you from keeping it properly stored in your car. As a corporate policy they can fire you most likely.
Any actual experts know?
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As a condition of your employment, your employer can have you sign off on their rules. We have a handbook, and even though state law would allow me to carry in my private vehicle, I can be fired for doing so. The NFOA tried to address this a couple of years ago, but it didn't get anywhere. My advice is, if it's reasonable for you to do so, park off their property.
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http://nebraskafirearms.org/forum/index.php/topic,13545.0.html (http://nebraskafirearms.org/forum/index.php/topic,13545.0.html)
LB60 would still be an active bill this session, but sitting in committee.
It is a great bill, but IMO written a bit too strongly to get passed as written.
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As a condition of your employment, your employer can have you sign off on their rules. We have a handbook, and even though state law would allow me to carry in my private vehicle, I can be fired for doing so. The NFOA tried to address this a couple of years ago, but it didn't get anywhere. My advice is, if it's reasonable for you to do so, park off their property.
can't park off property, just makes you wonder though because i can't think of a way they could get legal grounds to search a vehicle unless there was a major incident requiring police to be there searching vehicles (never happened anywhere to my knowledge). the only reason anybody should want to keep their daily carry in their car while at work is to have it to and from work when you make stops (and for dealing with the chance items that could happen, case in point, a man was stabbed 7 times in the face by a guy after they both got out of their vehicles to check damage from an accident, pure road rage and he got stabbed 7 times in the face. happened 3 weeks ago). silly to not be able to bring your firearm with you to the one place you go 85% of the week. being unable to bring it with means your employer forces you to be disarmed to and from work in your own vehicle.
hope a bill gets passed that will help sort this a little.
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can't park off property, just makes you wonder though because i can't think of a way they could get legal grounds to search a vehicle unless there was a major incident requiring police to be there searching vehicles (never happened anywhere to my knowledge). the only reason anybody should want to keep their daily carry in their car while at work is to have it to and from work when you make stops (and for dealing with the chance items that could happen, case in point, a man was stabbed 7 times in the face by a guy after they both got out of their vehicles to check damage from an accident, pure road rage and he got stabbed 7 times in the face. happened 3 weeks ago). silly to not be able to bring your firearm with you to the one place you go 85% of the week. being unable to bring it with means your employer forces you to be disarmed to and from work in your own vehicle.
hope a bill gets passed that will help sort this a little.
Agreed. I don't see a reason a person who has gone through the process shouldn't be able to defend themselves on the way too and from work.
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wonder how far reaching a work contract can go beyond rights given by the government?? anyone know of cases where someones work attempted to reprimand them for doing something that was deemed legal by state or federal law?
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wonder how far reaching a work contract can go beyond rights given by the government?? anyone know of cases where someones work attempted to reprimand them for doing something that was deemed legal by state or federal law?
Government doesn't give rights my friend. A legitimate government protects rights we already have.
The Constitution limits what government can do, not what businesses can do. Your boss can restrict your right to free speech, assembly, self incrimination, search and seizure, and so on, just like he can limit your right to bear arms.
That having been said, I agree that Nebraska should pass a law limiting your boss's ability do disarm you.
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Government doesn't give rights my friend. A legitimate government protects rights we already have.
The Constitution limits what government can do, not what businesses can do. Your boss can restrict your right to free speech, assembly, self incrimination, search and seizure, and so on, just like he can limit your right to bear arms.
That having been said, I agree that Nebraska should pass a law limiting your boss's ability do disarm you.
true, the law reads that
a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permitholders from carrying concealed handguns into or onto the place or premises; or into or onto any other place or premises where handguns are prohibited by state law.
under section 1a, and
(3) A permitholder carrying a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public, used by any location listed in subdivision (1)(a) of this section, does not violate this section if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle.
obviously your employer can fire you for whatever reason they want, but really, if your gun is locked up and out of view before entering the parking lot, there is no chance they should even know it's there. just the same that they don't know which of the guys has a case of beer in his car waiting to be cracked open unless it's in view.
so at least there wouldn't be any legal ramifications if somebody found out for whatever reason. too bad state law doesn't protect armed citizens obeying laws from being punished for protecting themselves to and from work.
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obviously your employer can fire you for whatever reason they want, but really, if your gun is locked up and out of view before entering the parking lot, there is no chance they should even know it's there. just the same that they don't know which of the guys has a case of beer in his car waiting to be cracked open unless it's in view.
so at least there wouldn't be any legal ramifications if somebody found out for whatever reason. too bad state law doesn't protect armed citizens obeying laws from being punished for protecting themselves to and from work.
Unless you work at a place like I do that has a pass gated facility, with employees subject to search coming and going. Specifically prohibiting weapons, alcohol, drugs, etc. Your vehicle, trunk, glove box, lunchbox, tool box are all subject to search.
This is how I am disarmed every day I work, however I choose to keep going back because of the lure of easy money!
Greg58