NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: SeanN on February 25, 2011, 03:49:10 PM
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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.
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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.
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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:)
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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
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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. :D
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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).
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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.
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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!
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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That precedent may exist, but if it did, it existed in the times before a legal CCW was possible.
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Maybe this will shed some light on the subject.
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 (http://nebraskalegislature.gov/laws/statutes.php?statute=28-1212)
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Yup - that's what I was thinking of.
/rl
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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.
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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.
If the gun's in the glove compartment or under the seat - perhaps. As long as it's holstered on your person I don't think there shouldn't be an issue.
/rl
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Don't think it will stick now that we have the conceal law, I would hate to be the cop that tried it because the defense would be legal conceal. But, I've been wrong before.
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The way I understand it:
If there is a concealed weapon in the car(and not on a person) and nobody claims it, it belongs to everyone in the car, and all are(or can be) charged with possession of concealed weapon.
If there is a concealed weapon in the car and one person claims it, it belongs to that person.
Now, if that person has a CCW permit, I can't imagine why anyone would be charged with possession of a concealed weapon.
I am also NOT an attorney. :angel1:
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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
First off, you don't ask questions like that in Omaha. Many people here are so afraid of guns that they'll freak out if you ask them something like that.
I'm not using a company truck, it is completely my personally owned vehicle that I'm talking about. I never have or likely will drive a company-owned vehicle.
But yeah, that was the precedent I was told about when I took my CCW class and the reason why I don't carry to work. It isn't like an end-all problem for me, just bothers me a little. I'll deal.
Thanks for the insight, everyone.
On a side note: I suppose I could just keep something in the trunk...
I'm just glad that the employee agreement doesn't override law. Thinking about it now, I realize it was a stupid thought but at the time it sounded logical that it might. Weird, eh?
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Sean, would it be an option for you to purchase a tethered lock box that would fit under your set so somewhere on the drivers side of your vehicle. Thus if you where ever pulled over with a co-worker in the car the firearm would be secure and under your control (key to box on you). As long as LEO has no reason to drag you to the curb and cuff you the passenger would be no wiser.
Or just obey all traffic laws. (option)
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Do not tell any other employees, ever theyll use it against you ehen convenient, if only to gain visibility.
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Sean, would it be an option for you to purchase a tethered lock box that would fit under your set so somewhere on the drivers side of your vehicle. Thus if you where ever pulled over with a co-worker in the car the firearm would be secure and under your control (key to box on you). As long as LEO has no reason to drag you to the curb and cuff you the passenger would be no wiser.
Or just obey all traffic laws. (option)
Eagle1,
I was under the impression that if you have any official contact with a "peace officer" (includes LEO), you are required by law to inform him or her that you have a concealed handgun permit and are currently concealing. I believe official contact covers being pulled over for a traffic violation.
I also, of course, obey all traffic laws. But we all make mistakes and it would be foolish for me to pretend I will never make a mistake. That said, I haven't gotten a ticket in over 5 years, but you never know when you'll get caught doing something you thought was ok. A big one in Omaha is U-Turns. Some of those No-U-Turn signs are not that obvious, at least in my opinion.
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My company has the same policies as the rest of you described. My way around the issue was to park on the street adjacent to my building. As long as I was on public property my company wouldn't have cause to fire me for my infraction. And i still get to bring my gun with me.
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A company doesn't have to have "cause" to fire you in Nebraska
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Agreed as Nebraska is an at will state. Just making a point.
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We have strict firearms policies where I work, too. Mostly I need to be willing to share with my boss. It's rather onerous , but he usually pays for ammo and range time, so I comply.
/rl