< Back to the Main Site

Author Topic: CCW at a posted industrial site??  (Read 1499 times)

Offline greg58

  • Lead Benefactor
  • **
  • Join Date: Apr 2009
  • Location: Valley NE
  • Posts: 2803
CCW at a posted industrial site??
« on: September 30, 2011, 10:19:54 AM »
Hello, I was wondering the legality of a large industrial site with security gates and passes needed to enter, that has a no weapons/CCW policy posted, and also in their employee handbook.
Employees are subject to search coming and going, the handbook states that you cannot even have ammunition in your vehicle, I have never questioned this because I value the job.
However I sometimes wish I could carry CCW when I stop somewhere coming and going to work. This policy effectively disarms me more than half the time I leave my home.
Opinions Welcomed.
Greg
Pants Up!  Don't Loot!

Offline sparky

  • NFOA Full Member
  • **
  • Join Date: Jun 2010
  • Location: Omaha
  • Posts: 344
  • Site Sponsor
    • Midwest Leather Works
Re: CCW at a posted industrial site??
« Reply #1 on: September 30, 2011, 11:44:22 AM »
Sounds like they aren't leaving you many options while on their property.  I guess the only option I see while at work is to park your car where it isn't on their property while at work.  That's just my opinion though.
www.midwestleatherworks.com
matt@midwestleatherworks.com

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: CCW at a posted industrial site??
« Reply #2 on: September 30, 2011, 12:23:18 PM »
I can't dispute the owner of private property controlling it as he wishes. You can LEGALLY keep the handgun in your car if it is properly locked up, but that does not protect your job if they find out you violated the company policy
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline greg58

  • Lead Benefactor
  • **
  • Join Date: Apr 2009
  • Location: Valley NE
  • Posts: 2803
Re: CCW at a posted industrial site??
« Reply #3 on: September 30, 2011, 02:18:00 PM »
You both have good points that I have thought of, the parking off site would involve walking at least 1/2 mile and parking my vehicle on the street, relatively unsecured.
I have not wanted to push the issue of keeping the weapon secured in my vehicle onsite, since I am a fairly new employee.
I feel I am stuck with the status quo, until the law becomes more clear or someone challenges the issue.
Greg
Pants Up!  Don't Loot!

Offline sparky

  • NFOA Full Member
  • **
  • Join Date: Jun 2010
  • Location: Omaha
  • Posts: 344
  • Site Sponsor
    • Midwest Leather Works
Re: CCW at a posted industrial site??
« Reply #4 on: September 30, 2011, 03:41:20 PM »
You both have good points that I have thought of, the parking off site would involve walking at least 1/2 mile and parking my vehicle on the street, relatively unsecured.
I have not wanted to push the issue of keeping the weapon secured in my vehicle on-site, since I am a fairly new employee.
I feel I am stuck with the status quo, until the law becomes more clear or someone challenges the issue.
Greg
With all due respect, they are fully within their right to post their property and not allow guns inside for their employees.  Now if you were just visiting lets say to tour the factory, you would by state law be allowed to leave your gun in the vehicle and be completely legal.  Now the choice is yours, you can leave it your car now and go into work and risk losing your job, yet I don't believe you would be breaking any laws but it would be in violation of your employee handbook and can be terminated if they find out.  For me, it would be worth it to leave it at home and keep my job but thats just my opinion and mine alone... 
www.midwestleatherworks.com
matt@midwestleatherworks.com

Offline NE Bull

  • 2011 NFOA Firearm Rights Champion Award winner
  • NFOA Full Member
  • **
  • Join Date: Nov 2008
  • Location: Lincoln, NE
  • Posts: 3501
    • A "friend's" blog
Re: CCW at a posted industrial site??
« Reply #5 on: October 01, 2011, 07:22:40 AM »
My employer has a similar policy, but unbeknowenst to me. I had a rifle in the rear window of my pickup for at least the first year I worked there, until a coworker made me aware of the policy, then I just mounted the racks behind the seat. out of site, out of mind,right?   I doubt they would search here and especially now, because of various hunting seasons, would have to send over half the people home, and we are behind on product the way it is.
Your place may be more strict, as stated above, the risk is your to take, or not to take.
“It is not an issue of being afraid, It's an issue of not being afraid to protect myself.”
 Omaha Mayor Jean Stothert
 "A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that."  Shane

Offline armed and humorous

  • NFOA Full Member
  • **
  • Join Date: Jul 2009
  • Location: Lincoln, NE
  • Posts: 535
Re: CCW at a posted industrial site??
« Reply #6 on: December 26, 2011, 01:53:42 PM »
This is the reason we need to pass a law similar to those in other states that protect the rights of citizens to carry legally to their place of employment.  There really isn't any logical reason why employees should not be afforded the same opportunities as visitors to the parking lot of an organization.  If an employee was out to kill their boss or something, I doubt if company policy is going to stop them anyway.  The alternative is to go unarmed, at least during your commute.  This could be added to the castle doctrine (or whatever you wish to call it) being proposed again this year.

Even if it is made legal, though, it won't stop a determined employer from firing an employee in a right-to-work state, unless the employer is stupid enough to admit that they fired the employee for some illegal reason.
Gun related issues are, by nature, deadly serious.  Still, you have to maintain a sense of humor about them.

Offline DanClrk51

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 1128
Re: CCW at a posted industrial site??
« Reply #7 on: December 27, 2011, 02:26:24 AM »
I can't dispute the owner of private property controlling it as he wishes. You can LEGALLY keep the handgun in your car if it is properly locked up, but that does not protect your job if they find out you violated the company policy

Not so sure if he would be even legal keeping it in his car in his case.

Nebraska Revised Statute 69-2441
(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. This subsection does not apply to any parking area used by such location when the carrying of a concealed handgun into or onto such parking area is prohibited by federal law.

.......industrial site with security gates and passes needed to enter, that has a no weapons/CCW policy posted, and also in their employee handbook.

That kinda sounds like it may not be open to the public. I dont think the CHP Act defines "open to the public" but it really sounds iffy. Any ideas?

Offline DanClrk51

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 1128
Re: CCW at a posted industrial site??
« Reply #8 on: December 27, 2011, 02:58:42 AM »
This is the reason we need to pass a law similar to those in other states that protect the rights of citizens to carry legally to their place of employment.

Yes doing that would solve all these questions/dilemmas. The NRA calls this the Employee Parking Lot or Workplace protection making it illegal for employers to fire their employees for having firearms in their vehicles while parked on the employer's property. But what Nebraska ought to do as well is put into law the doctrine which currently many other states enjoy, that your vehicle is an extension of your home, meaning your car can contain loaded handguns, rifles, shotguns without you having to obtain a permit to carry.