Firearm in car on company property.

[Jholmes]

My wife is waiting on her CCW. But, she has been informed, by her employer, that she will not be allowed to have a firearm in her car on company property. She was told that the company has the right to search her vehicle and could terminate her employment if she refuses to allow them to search or if a firearm is found in the vehicle.

Could someone send me the link to the state law that allows storage in a personal vehicle on company property?

Is there a precedence for this type of activity?

I thought this law was overturned, but I could be wrong?

 

[gillman7]

It was overturned, and I believe there is a thread on in the 2nd Amendment section of this forum, sorry I don't have a link to the law.

 

[KYarb]

My wife is waiting on her CCW. But, she has been informed, by her employer, that she will not be allowed to have a firearm in her car on company property. She was told that the company has the right to search her vehicle and could terminate her employment if she refuses to allow them to search or if a firearm is found in the vehicle.

Could someone send me the link to the state law that allows storage in a personal vehicle on company property?

Is there a precedence for this type of activity?

I thought this law was overturned, but I could be wrong?

Title 21 § 1290.22 -- Business Owner's Rights

Subsection 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.

Subsection 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.

Page 31 of the OSDA Law Book.

 

[Bierhunter]

I just pulled this off of the OSBI site.

TITLE 21 § 1289.7a. Transporting or storing firearms in locked vehicle on
private premises—Prohibition proscribed

TRANSPORTING OR STORING FIREARMS IN LOCKED VEHICLE
ON PRIVATE PREMISES—PROHIBITION PROSCRIBED

A. No person, property owner, tenant, employer, or business entity shall
maintain, establish, or enforce any policy or rule that has the effect of
prohibiting any person, except a convicted felon, from transporting and
storing firearms in a locked motor vehicle, or from transporting and
storing firearms locked in or locked to a motor vehicle on any property
set aside for any motor vehicle.

Here's a link to the whole SDA law book on their site.

http://www.ok.gov/osbi/Concealed_Weapons_Licensing/

Your employer can't legally stop you from storing it in your vehicle in the parking lot. Just make sure it doesn't leave the vehicle.

 

[Kiyot]

It is Title 21 1289.7a and 1290.22. It was not overturned as I recall. There was a sticky in here at one time, but looks like it was unstickied. It was enjoined by a Tulsa area judge, shortly after the being enacted into law in 2004. The law was changed again in 2005, adding parts about removing liability from the person, property owner, tenant, employer, or business entity who owned the parking lot where a gun in a vehicle is parked and also allows you to bring a civil action against the company for maintaining, establishing or enforcing a police against such. Finally about a year or so ago the injunction was finally reversed by the 10th Circuit court. So the law should be in full effect.

Some people believe the Weyerhauser employees losing thier appeal in 2004 or 2005 (can't remember which year) on thier being fired in 2003 after the new law was enacted is proof that the law has been overturned or is not enforceable, but that is not true. The reason is because 1289.7a and 1290.22 were signed into law in 2004, and was not signed in as retroactive so the appellate court was not able to consider the new law into the appeal.

That is not to say they can't still search your car and if they find a firearm then fire you for any reason they choose. But if they come right out and say we are firing you for having a firearm in your car you do have a recourse and can sue the company for "actual damages"

 

[Kiyot]

Here is the thread that was stickied before.

http://www.okshooters.com/forums/showthread.php?t=17995&highlight=1289.7a

 

[XD-9Guy]

What if your employer is the public school system? I heard it was different for teachers.

 

[zork]

The answer to all this is to keep your mouth shut. Unless you are dealing in drugs on the company site and get caught, why would they ever search your car? If you don't blab to your co-workers you have no worries.

 

[Hog Shooter]

I am a teacher at Tulsa Tech and was told that we could not have a firearm in a locked vehicle, and if caught could be terminated and fined up to 3500 dollars. Colleges are different, as long as the gun is in your locked car you are OK. My uncle says he would rather be tried by twelve than carried by six, and I will have to agree.

 

[Fitz]

The answer to all this is to keep your mouth shut.

Exactly.