?concealed carry in locked car at work

[dogbear]

What are the laws now about having a gun in a locked car at work if you have a concealed carry license?A new company is buying us out and there employee handbook states if you have a gun in your car on company property you will be terminated.Also if they ask to search your car and you won't let them they will fire you.Is this legal?Thank you

[Scott_In_OKC]

Don't confuse company policy with laws. If you are a CCW holder and you are not violating any of the no carry area rules (schools, federal areas, etc...), then it is perfectly legal to have the weapon in your car. It's also perfectly legal (right now anyway) for the company to fire you for violating company policy. You always have the option of parking your car on a city street, off company property and then you're good to go.

The statute reads:

BUSINESS OWNER’S RIGHTS

A. Except as provided in subsection B of this section, nothing contained in
any provision of the Oklahoma Self-Defense Act, Section 1290.1 et
seq. of this title, shall be construed to limit, restrict or prohibit in any
manner the existing rights of any person, property owner, tenant,
employer, or business entity to control the possession of weapons on
any property owned or controlled by the person or business entity.

B No person, property owner, tenant, employer, or business entity shall
be permitted to establish any policy or rule that has the effect of
prohibiting any person, except a convicted felon, from transporting and
storing firearms in a locked vehicle on any property set aside for any
vehicle.
This law shall become effective November 1, 2004.

Section B is in the courts hands right now. See http://www.packing.org/state/oklahoma/ for more info on that.

Hope this helps.

[J.P.]

Again,"Don't ask,don't tell"
Definitely don't raise the issue regardless of the law.

[dogbear]

Thank you Scott for the packing org website.My building is a high rise with with a parking garage inside.If I park on the street I need my gun before I get to my car.I get off work at midnight and there are crackheads 5 feet from my building and for the next 2 blocks.So it makes sense to keep the gun in my car parked in the garage.May just carry pepper spray till the law passes.

[J.P.]

Smartcarry.
look into it.

[kjones99]

let's hope there is no stopping the new law going into place Nov 1st...

[mons meg]

kjones, are you referring to a new new law, or the one that was supposed to go into effect last Novermber?

[kjones99]

i'm referring to both. the law last November was blocked by Judge Sven Holmes but Gov Henry redid the law to ease the concerns of the companies blocking it and it was passed again to go into effect this coming November.

[dogbear]

Would you have a copy of this new law to go in effect this November?I would like to keep it in my car with my gun just in case i do get searched.If not when it does go into effect please let us know.Thanks Kjones for the info.

[mons meg]

Or maybe the number of the Senate or House bill...we can easily look it up from there on the OK Secretary of State website.

[kjones99]

read here -

http://www.nraila.org/CurrentLegislation/Read.aspx?ID=1632

[kjones99]

and here -

http://www.lsb.state.ok.us/house/news7636.html

[mons meg]

Try this link to the actual Enrolled Legislation. You can see the edits they made to last year's law.

http://www.sos.state.ok.us/documents/Legislation/50th/2005/1R/HB/1243.pdf

Basically, it shields the employer from civil liability unless they commit a crime with your weapon (duh). It also expressly allows an employee to bring a civil action against an employer to enforce the law, etc etc.

[dogbear]

On November 1st someone let the rest of us know if house bill 1243 passes.Thanks

[kjones99]

On November 1st someone let the rest of us know if house bill 1243 passes.Thanks

it has already passed. it's the question now of if it will stand up to pending litigation by employers that don't wish to follow it. namely - ConocoPhilips.

[okgr8outdrs]

Just a reminder to all CCW holders and gun owners in general not to buy gas or anything else from stores owned by Conoco-Phillips.

[dogbear]

A friend of mine that works for Halliburton just got an e-mail reviewing the companys policy regarding guns in locked cars at work.That didn't take long.

[PawPaw]

Does anyone know if the new law went affect 11/1/2005? Last year it was
blocked almost immediatly. I work for Goodyear Tire & Rubber in Lawton
and we park in secure lot that is closed to the public. Company policy
does not allow firearms on company property. this would be a great victory
for those of us who carry legally. Please let me know any info anyone
has. Thanks for your help, PawPaw

[J.P.]

I say go ahead and violate the company 'rules' as long as you are not breaking the law.
The trespass issue has never been clearly answered as far as I'm concerned.

[mons meg]

Well, the law was slated to go into effect 11/1. If noone has issued a challenge, then there isn't any judge-issued injunction. Ergo, you are legal to leave it in your car, even if it's a private lot. Any property set aside for any vehicle, and all that.

Do I have it right?

Of course, I'm on a military installation, so I'm not even in Oklahoma for legal purposes, so it doesn't help me. :(

[skyydiver]

aaaand it is a statute! http://www.oscn.net/applications/oscn/deliverdocument.asp?id=438587&hits=

[J.P.]

BooYaaah!

[PawPaw]

Thanks for the link skyydiver. I printed a copy to carry in my vehicle. And to reply to
J.P. , most of us never stopped carrying, even with our jobs at risk. I have been working at the plant almost 25 yrs. I remember back in the early years when someone
got a new gun they brought it into the plant for freinds to check out. Times sure
have changed.

[dogbear]

Thats all I wanted for Christmas!

[Scott_In_OKC]

Ages ago when I had my FFL, I used to sell a LOT to my coworkers. I'd bring the guns up to the office and make the exchanges there. We'd fill out 4473's, go over field stripping, etc... right at my desk. Ah, the good old days :)

[liliysdad]

A friend of mine that works for Halliburton just got an e-mail reviewing the companys policy regarding guns in locked cars at work.That didn't take long.

My wife works at the manufacturing plant in Duncan, and got the same email. I hope they do fire her, as the new statute provides for the employee to seek civil action against the employer.

[Flyboy]

OK, before y'all get too excited about getting fired and retiring on the proceeds from the lawsuit, let's get things cleared up. This is information I got from Doug Friesen, the lawyer who teaches the legal portion of H&H's concealed carry class.

1) The original law was a response to Weyerhaueser's braindead policy and near-criminal mismanagement of a situation wherein a few employees in McCurtain county had firearms in their vehicles.
2) Weyerhaueser, GE, ConocoPhillips, and several others sued to overturn the law.
3) The court granted an injunction preventing enforcement of the law.
4) The state reauthorized the law with some concessions to businesses; several of the original plaintiffs, including GE, dropped out of the suit. As far as I know, ConocoPhillips and Weyerhaueser are still in.
5) The injunction has not been lifted! Even though the law was amended by the Legislature, it's still not in effect.
6) We're all waiting--with bated breath--for a Federal court to make a decision. And Doug was of the opinion that Federal courts are more likely to rule in favor of the businesses than of us.

There's the story as I understand it. I called Doug for the facts because I, too, am covered by a "not-even-in-the-parking-lot" rule. I don't like it either, but there's nothing to be done at this point but sit and wait. If you're counting on winning a lawsuit under that law, you'd best try re-counting, because, at this moment, there is no law.

[J.P.]

Thanks for the update!

[liliysdad]

Thats interesting, as we were informed in the 2005 Legal Update that the law is in effect, and is to be enforced as such. This was from CLEET's legal counsel. Effective November 1, the law is Statute.

I will have to see what I can dig up. I might call Tillison tomorrow if I get a chance.

[skyydiver]

I imagine you're both right. The statute is DEFINITELY on the books. There is probably still a big ? as to how long it will stay there under federal scrutiny. I'm a gun guy through and through, but the conservative in me says I also wouldn't want the gov't telling me what I can and can't keep off my property. Now I hope the law stands because the policies are assinine, but it could theoretically be a slippery slope that couls lead to, I don't know, my not being able to kick solicitors off my land. Long stretch, but just an analogy.

[liliysdad]

skyy, I do see your point, and it is one I have wrestled with as well. However, I seem to look at it as more of a "right to free passage" issue, than a property rights issue. The individual is legally entitled to carry a firearm to and from work in his vehicle. The vehicle is driven to and from work. As long as the weapon in secure in the vehicle, I dont see it as being any sort of infringement.

I do , however, support the right of owners to prohibit the CARRYING of weapons on private property. There is a difference, however minute.

[skyydiver]

There you go, that makes perfect sense and I feel much less conflicted supporting the statute. Obviously, I thing it's pretty dumb to NOT let good guys run around your store, home, etc...able to help protect it. But I just don't think the gov should be any bigger than it is. Thanks for putting that so well liliysdad. You are on the money on that one!

[AresV]

My current employer decided to put up "No Firearms" signs at all the entrances to our building about two months after I got my CCL. I asked my boss about it (he's third in command where I'm at) and he said it was a new corporate policy.

I then explained to him that it's not a very smart policy because if anyone ever does decide to come in and shoot up the place myself and the other 3 CCL holders that I work with won't be able to do anything because our guns will be locked in our cars in the parking lot :grumble:

He understood what I was saying but his hands are tied on the issue. I also told him that I would be willing to speak to the people at corporate about the policy so that I could try and educate them about Oklahoma's CC laws and what the course entails.

I also pointed out to my boss that the sign isn't going to do any good if someone decides to shoot up the place. I told him it's not as if they're going to see the sign and think, "Damn. No guns allowed. I better go get my samurai sword." He laughed and said he understands where I'm coming from. I have still not been granted the opportunity to talk to the policy makers at corporate (who are from the east coast BTW) about the issue.

I'm not going to get too worked up over it because I'm only in the office for 1-2 hours a day usually. And on top of that, I am pursuing a career in another line of work where I'll be required to carry a firearm at ALL times:D

[mons meg]

Easy way to fix this would be for them to pass legislation or amend the OK constitution with the effect that your car is considered an extension of your home. I believe Florida and several other states are this way.