Guns in Employer Parking Lots Bill HB 3141

[waynesan]

I know this bill was sent to "Summer Study" but does anyone know if it has been scheduled yet? I can't find anything on the Legislature website.

[Volzfan]

I'm not absolutely sure but I think it will have to be picked up as a new bill in the next session. My understanding is that "Summer Study" is basically file 13.

If I'm mistaken I'm sure someone will correct me.

[Fallguy]

The legislatue is out until January 2011.

Also since that will start a new 2-year session I think Volzfan is correct that it will have to be re-introduced as a new bill.

[GLOCKMEISTER]

this is Mke McDonalds bill... this was basically a way of putting it off till next year because they were so sick of gun bills they didnt wanna hash out another one. I have helped Mike with this one and can assure you it will be re introuced next session, but its passing will have allot to do with who the new speaker is.

[Pain103]

I personally like it but don't see how it will fly. Basically stating someone can't dictate their wishes on private property.

[gotigers]

I personally like it but don't see how it will fly. Basically stating someone can't dictate their wishes on private property.

yeah, private property of my car. There is already a law about guns in school parking lots. As long as the weapon stays in the car and is not handled, it is legal. The law should be the same for work parking lots.

[Pain103]

yeah, private property of my car. There is already a law about guns in school parking lots. As long as the weapon stays in the car and is not handled, it is legal. The law should be the same for work parking lots.

Generally schools are not private property. What I'm referring to is a business's parking lot is generally private property of the business. They can decide no weapons on property, no trespassing signs, and other things. I think they have great intentions with the bill and hope no one would ever get any kind of disciplinary action because they choose to protect themselves outside of work.

[Smith]

Generally schools are not private property. What I'm referring to is a business's parking lot is generally private property of the business. They can decide no weapons on property, no trespassing signs, and other things. I think they have great intentions with the bill and hope no one would ever get any kind of disciplinary action because they choose to protect themselves outside of work.

Yeah, but there have been numerous rulings and AG opinions that ones vehicle is the owners personal property and thus can not be infringed upon simply due to location. For instance just because a vehicle is on a public road does not mean that it can be entered and searched by the police without relatively the same guidelines as your home.

[Pain103]

Yeah, but there have been numerous rulings and AG opinions that ones vehicle is the owners personal property and thus can not be infringed upon simply due to location. For instance just because a vehicle is on a public road does not mean that it can be entered and searched by the police without relatively the same guidelines as your home.

I've heard stories of people getting fired for it and it blows my mind. I think it is a good idea but I believe if really wanted to be challenged by someone with the right attorney and enough money they could argue it. That is just my opinion and doesn't amount to jack really.

[gotigers]

I thought if parking lots were off limits, the entrances of the parking lots had to be posted. Is this correct? Or is it different if the lot is your employer's?

My employer's policy states, no weapons in any company's buildings. It says nothing about parking lots. Or is the lot covered under a TN law?

very gray area. That is why the state legislature needs to clarify this.

[macville]

I thought if parking lots were off limits, the entrances of the parking lots had to be posted. Is this correct? Or is it different if the lot is your employer's?

My employer's policy states, no weapons in any company's buildings. It says nothing about parking lots. Or is the lot covered under a TN law?

very gray area. That is why the state legislature needs to clarify this.

Just because an employer says in your handbook that firearms are outlawed inside buildings or even in parking lots doesn't make it legal. Only a posting at building doors or at parking lot entrance make it illegal to carry. Now, if they catch you, but it's not posted, they can still fire you. What we want is a law that says basically that they can not post the parking lots. Building could still be posted, but parking lots would be open.

[E4 No More]

Apparently, Texas is taking this issue up next as well.

[Fallguy]

Generally schools are not private property. What I'm referring to is a business's parking lot is generally private property of the business. They can decide no weapons on property, no trespassing signs, and other things. I think they have great intentions with the bill and hope no one would ever get any kind of disciplinary action because they choose to protect themselves outside of work.

The thing is...the parking lot is set aside for employee parking...that is the very intention of that area. So as long as an item is legal and remains in the car, why should an employer care what is in there?

I thought if parking lots were off limits, the entrances of the parking lots had to be posted. Is this correct? Or is it different if the lot is your employer's?

My employer's policy states, no weapons in any company's buildings. It says nothing about parking lots. Or is the lot covered under a TN law?

very gray area. That is why the state legislature needs to clarify this.

There is a difference between company policy and the law.

Yes, for it to be legally off-limits the entrances to the parking lot would have to be posted. But you don't have to commit an unlawful act for an employer to fire you. If you violate company policy, you may very well be terminated.

[Guest Benelli Nova Guy]

This is one I would like to see passed. Because of the hrs I work, I am essentially disarmed 5 days a week because we cannot have a firearm on company grounds.

[-boatman-]

I would really like to see this passed also. Probally more than anything else. Where I work there is a no weapon policy but I think many have guns in their vehicles anyway. No one talks about it and no one has lost their job because it it as far as I know.

Back a few years ago the safety man took a hunting rifle out of his truck to look through the scope at some contractors on a roof to see if they were wearing fall protection. He almost lost his job and he should have lost it IMO. If one of the hourly workers had done this they would have been gone but he got to stay. He did take the bolt out before he did this but still............

[kb4ns]

Back a few years ago the safety man took a hunting rifle out of his truck to look through the scope at some contractors on a roof to see if they were wearing fall protection. He almost lost his job and he should have lost it IMO. If one of the hourly workers had done this they would have been gone but he got to stay. He did take the bolt out before he did this but still............

[vontar]

This is something I want to stay informed on.

I know where I work, I will not be allowed to keep a gun in my car on their property currently.

I do consider my car my personal private property.

I know I have come co workers that drive nearly an hour 1 way that have HCP that can not carry on their drive because they are afraid they will get fired if something happens and there gun is found out in their car. Say car gets broke in to, company asks to search the car, anything like that. Their concerns are what if they break down on the side of the road driving to or from work and don't have their gun on the side of the interstate.

At least I have a somewhat short drive, but I understand how they feel.

Add

looking at thread

http://www.tngunowners.com/forums/handgun-carry-self-defense/42435-company-policies-prevent-employees-having-firearms-their-parked-cars-3.html

post 29

blairellis states that MI recently past something like this, it might be helpful for getting it past in TN if the right people looked up details on out the bill passed in MI.

Edited July 10, 2010 by vontar

[midtennchip]

There is a difference between company policy and the law.

Yes, for it to be legally off-limits the entrances to the parking lot would have to be posted. But you don't have to commit an unlawful act for an employer to fire you. If you violate company policy, you may very well be terminated.

Quite true. However, I think people forget (or maybe they don't know) that most employers can fire employees for no reason at all. With some very limited exceptions, if you are (a) employed by a non-governmental employer, ( do not have an employment contract, and © are not in a union, an employer could fire you for any reason (or no reason), as long as the reason is not specifically prohibited by law. As a result, an employer could fire you simply because you have a HCP and you would have little (if any) recourse.

[Fallguy]

Quite true. However, I think people forget (or maybe they don't know) that most employers can fire employees for no reason at all. With some very limited exceptions, if you are (a) employed by a non-governmental employer, ( do not have an employment contract, and © are not in a union, an employer could fire you for any reason (or no reason), as long as the reason is not specifically prohibited by law. As a result, an employer could fire you simply because you have a HCP and you would have little (if any) recourse.

Pretty much the way I've heard it.

[Guest 1eyedwillie]

Chip is right, of course about employers being able to fire you for almost no reason. Since we got restaurant carry passed this year and since the SCOTUS ruling, this issue should be on the front burner for the next legislative session. Are you listening legislators?