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employees permitted to keep weapons in car?


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Posted

Need some help with this. Does TN have a state law permitting lawful carry on the property of their employer, if firearm is left in ones car?

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Guest bkelm18
Posted
Need some help with this. Does TN have a state law permitting lawful carry on the property of their employer, if firearm is left in ones car?

No.

Guest ArmaDeFuego
Posted

Nope.

They tried to pass it last session but it failed in committee I think. :rolleyes:

I hope they bring it up next session & it passes. Its really annoying to have to leave my gun at home everyday because I cant keep it locked inside my own personal property.....

Posted

There's been some debate recently about being required to divulge a password for things like laptop encrypted files & smart phone unlock codes etc.. part of the argument revolves around the idea that you're being asked to potentially self incriminate as an extension of private thoughts etc. Super gray area going through upper courts now and wouldn't apply to unlocking safes or other devices 'obviously' intended to hold weapons. You might be able to wiggle with a locked briefcase in the trunk "to hold personal journals" at least from a police search w/out warrant. Might be clear company violate. I just won't forfeit my safety for bureacratic policy intended to dissolve liability.

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Posted

IMO until we have wholesale revisions to the tort system it will be difficult to get many common sense laws like this passed because companies are scared of lawsuits. The business lobby (chambers , etc) fight it.

Posted

And I don't believe they need any warrants to have security search your person/vehicle if there is suspicion because they typically require u sign away the right to refuse in the hire packet after the no fondling before the no press interview part. But I violated all my schools zerotolerance since 7th grade when they introduced it, have carried a pocketknife since I got one for my 10th birthday. So no since conforming now I don't have much practice doing it. Do wish we could get some legislative protection like other states though.

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Guest bkelm18
Posted
And I don't believe they need any warrants to have security search your person/vehicle if there is suspicion because they typically require u sign away the right to refuse in the hire packet after the no fondling before the no press interview part. But I violated all my schools zerotolerance since 7th grade when they introduced it, have carried a pocketknife since I got one for my 10th birthday. So no since conforming now I don't have much practice doing it. Do wish we could get some legislative protection like other states though.

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There is a difference though between carrying on company property and carrying on school property. Carrying on company property is simply a violation of company rules. Carrying on school property is a felony.

Posted

Yeah, I meant as a student I carried a pocketknife constantly. As an adult I avoid schools & wouldn't carry on school property outside of my vehicle.

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Posted
And I don't believe they need any warrants to have security search your person/vehicle if there is suspicion because they typically require u sign away the right to refuse in the hire packet after the no fondling before the no press interview part. But I violated all my schools zerotolerance since 7th grade when they introduced it, have carried a pocketknife since I got one for my 10th birthday. So no since conforming now I don't have much practice doing it. Do wish we could get some legislative protection like other states though.

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We don't need a warrant, but you can still refuse the search. You'll just get fired.

Guest ArmaDeFuego
Posted

Yea you can always refuse the search of your car. You have the right to remove your car off the property & not have it searched. They cant just bust your window & start rummaging around in your car. But I'm sure 99% of employers will just fire you if you refuse to consent to a search.

Posted
Nope.

They tried to pass it last session but it failed in committee I think. :)

I hope they bring it up next session & it passes. Its really annoying to have to leave my gun at home everyday because I cant keep it locked inside my own personal property.....

I agree, and I wish it were worded to include public property like state and city/county parking lots too. What can we do to get this passed? Letter writing to our legislature campaign?

Posted

Remember everyone...parking lots are not off-limits by law unless they entrance to the parking lot is posted.

Not sure I've seen any State or Local government parking lots posted...at least not where I've been.

Also unless posted, it is not a violation of the law if you have a firearm in your car, just company "policy"

So while a law protecting your employment would be nice....it is not necessary in 99% of the cases to legally allow you to have it in your car.

As far as refusing a search and employment status etc... above I agree you don't have to let them, but you'll probably be gone.

Posted

It could be worded such that an employer, private, or governmental, could be prohibited from banning vehicles in parking lots, coupled with a prohibition on civil lawsuits arising from leaving in vehicles.

Posted

This discussion always ends the same. :D

Tennessee is an “employment at will†state. Unless you have an employment contract you can be terminated at any time for anything; if I were an employer I wouldn’t even give a reason.

The cops are not going to get involved in this. They are not going to search your car even if you agree to a search; it’s not a criminal case.

It’s a crime to carry a gun in Tennessee. Until that changes I don’t see anyone forcing an employer to allow anyone to carry on their private property.

:popcorn:

Guest ArmaDeFuego
Posted

There is a giant gunbuster sign at the entrance gate to the parking lot where I work. :popcorn:

Guest lostpass
Posted
This discussion always ends the same. :D

Tennessee is an “employment at will” state. Unless you have an employment contract you can be terminated at any time for anything; if I were an employer I wouldn’t even give a reason.

:popcorn:

Truth be told you are better off I think not giving a reason. Fire someone? "Why not?" is probably the safest answer.

Posted

were I work, there is at least one person parks in a parking lot of another business across the road to keep from violating company policy. In my mind this makes it worse because now everyone knows he has a gun locked up in his car. Kinda singles his car out to those that know. I know of others that just violate compan policy as in at least 7 years no cars have been searched. They are playing the odds.

Someone posted on the board a few months back, someone got fired in a news story their car was broke into while at work, and when the police report made it back to the company the person was fired because it had an inventory of stolen items including a pistol. So that is something to consider.

(I want a parking lot bill, similar to KY for TN).

Posted
Remember everyone...parking lots are not off-limits by law unless they entrance to the parking lot is posted.

Not sure I've seen any State or Local government parking lots posted...at least not where I've been.

Also unless posted, it is not a violation of the law if you have a firearm in your car, just company "policy"

So while a law protecting your employment would be nice....it is not necessary in 99% of the cases to legally allow you to have it in your car.

As far as refusing a search and employment status etc... above I agree you don't have to let them, but you'll probably be gone.

Metro Nashville has specific prohibitions on employees. I believe that even off duty you aren't allowed to possess a weapon on city property like parking lots etc. I will have to double check once I get my permit, but I remember thinking it sounded like the policy was written prior to HCP legislation being passed as it seemed to contradict each other. I think it was meant to prohibit hunting rifles etc being brought to work. Well that and the long ago secretary who dropped her .38 while showing it off and it went bang according to office legend.

Posted
This discussion always ends the same. :)

It’s a crime to carry a gun in Tennessee. Until that changes I don’t see anyone forcing an employer to allow anyone to carry on their private property.

:)

?? A crime? I assume in general without a HCP? The question is not really about actually carrying, on person, the firearm. I is more about having a gun in the a locked car at your place of employment. In a broader scope, employers are denying an employee the ability to adequately defend ones self to and from work.

I wholeheartedly believe the employer can decide to not allow 'carrying' on the property. I do think it needs to be addressed once again in the Legislature.

Posted
?? A crime? I assume in general without a HCP? The question is not really about actually carrying, on person, the firearm. I is more about having a gun in the a locked car at your place of employment. In a broader scope, employers are denying an employee the ability to adequately defend ones self to and from work.

I wholeheartedly believe the employer can decide to not allow 'carrying' on the property. I do think it needs to be addressed once again in the Legislature.

Carrying a gun is a crime in TN. A HCP is simply a defense. It sounds like splitting hairs but legally there is a difference. Among other details, this allows LEO to stop anyone open carrying to check their permit.

Guest ArmaDeFuego
Posted

If there was ANYWHERE else to park at my workplace, I definitely would. I wouldnt even mind walking a pretty good distance if it meant I could exercise my 2nd amendment right every day. However my workplace is kind of out by itself & there is literally no where else to park. I could park on the side of the road I guess, but more than likely I would end up getting towed. :) I have even pulled up Google Earth & looked all around near where I work to see about other places I could park my car, but had no luck. :)

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