Beth Harwell on gun legislation - 2013 session

[R_Bert]

http://www.knoxnews.com/news/2013/jan/04/harwell-mulls-taking-second-shot-on-campfields/

[Guest PapaB]

and they would be prohibited from making searches of cars solely for the purpose of checking for guns.

 

Yeah, that's real useful legislation. I'm sure no employer could come up with a different reason for searching a vehicle if they think there's a gun in it.

sarcasm off.

[Worriedman]

Campfield means well...I suppose. Just a point to consider, if Harwell is for it, check your six.

Edited January 4, 2013 by Worriedman

[K191145]

Yeah, that's real useful legislation. I'm sure no employer could come up with a different reason for searching a vehicle if they think there's a gun in it.
sarcasm off.

Unless you agree to a search, an employer can't search your vehicle for anything, only a LEO can if there's probable cause or a warrant issued by a judge. An employer can fire you for refusing a search.

[1pointofview]

People like Debra Maggart who is whining about biz owner property rights, where is she about personal property rights? Should anyone have the right to search my car under threat of Being fired?

[K191145]

They should add that an employer would be held liable for violating an employees 4th amendment rights for an illegal search of an employees vehicle. Say the employee didn't consent to a search, and this would be a criminal charge of breaking and entering by the employer. Edited January 4, 2013 by K191145

[K191145]

People like Debra Maggart who is whining about biz owner property rights, where is she about personal property rights? Should anyone have the right to search my car under threat of Being fired?

No but they can fire you for just about anything and claim anything they want.

[Guest ArmyVeteran37214]

Harwell = steaming pile of   :poop:

[Paladin132]

The Constitution really only protects you with the 4A against government actors, not citizens. I agree though, a tool.

[RobertNashville]

They should add that an employer would be held liable for violating an employees 4th amendment rights for an illegal search of an employees vehicle. Say the employee didn't consent to a search, and this would be a criminal charge of breaking and entering by the employer.

It isn't an illegal search if you agree to it.

 

Unless a bill carries strong language against an employer searching a vehicle (except of course if they involve police who can search with PC and/or a warrant) then any parking lot bill will always have this problem. But, let's be realistic, in this state, any employer can fire you for any reason or no reason...the only thing they have to be careful of is getting sued if they actually did something wrong/illegal (age discrimination, etc).  "Right to work" laws; like most laws, have good and bad potential consequences.

[Keyless]

  I carried in my car for years at a place of business that said no guns on their property . Some hint was made about it one time and I told them any search of my vehicle would require a search warrant . No laws had been broken so go for it and get the warrant . That was the end of it .

 

  I mean what options do you have ? With a carry permit are you going to park somewhere else and finish walking to work or just toss the gun in the ditch when you pull into work and hope it is there when you leave . My car is my property and it is none of there business what is legally inside the vehicle even if it is on their property .

 

 They have the right to make their rules and I was willing to suffer the results from not obeying it. I thought , all this got settled a couple of years ago and it was now your business what was in your car . Did it get changed again and I missed it or did I misunderstand what happed a couple of years ago ? I guess now that I don't work , I haven't kept up with it . I also must admit that I don't listen to any news on TV because you just can't believe what the media says.  

[JayC]

People like Debra Maggart who is whining about biz owner property rights, where is she about personal property rights? Should anyone have the right to search my car under threat of Being fired?

 

Nobody has the right to search your car today...  If an employer asks, you can always tell them no.

[RobertNashville]

Nobody has the right to search your car today...  If an employer asks, you can always tell them no.

I don't think anyone has said differently...the point some are trying to make is that saying "no" will likely mean hearing "you're fired". ;)

[Guest 270win]

Why don't we encourage these people to get rid of the 500 dollar sign fines and also the local park carry bans.  That might be doable to modify 39-17-1359 to get rid of the fine and take the teeth out of it.

[D3vo]

I don't understand the point of this bill. My company policy says firearms are prohibited in my vehicle. Violation equals termination. I have an HCP so I can't be criminally prosecuted. Who is this helping?

[RobertNashville]

I don't understand the point of this bill. My company policy says firearms are prohibited in my vehicle. Violation equals termination. I have an HCP so I can't be criminally prosecuted. Who is this helping?

Basically it helps certain "Republicans" look pro-gun without making their corporate contributors unhappy.

 

I think this "parking lot" thing could be done very simply:

 

Declare that no employer and/or no business can, by signage or by "policy", forbid legally carried firearms that remain inside a vehicle while parked in a parking lot provided by the employer/business for that purpose.

 

Declare that no employer can forbid an employee from owning or using firearms as a condition of employment.

 

Forbid an employer the ability to compel a search of an employee's vehicle (of course, if they suspect a crime has been committed they can always contact law enforcement and go from there).

 

Remove any liability to the employer/business because of a weapon left in a vehicle per the above.  In other words, if something happens, no one can sue the business.

 

I think that pretty much covers it.

Edited January 5, 2013 by RobertNashville