More specific question concerning leaving gun in car on employers property..

[seurto]

Got a question and was wondering if anyone could give more specific insight to this.. I did a search, and the last time this was asked and answered was in 2009,

http://www.okshooters.com/showthrea...in-car-at-work&highlight=law+leaving+car+work

but I also had a more specific hypothetical to add..

My wife has a conceal carry, her employers policy is no guns on premises and she enters the facility in her car through a gated driveway, and has to enter the building through an i.d./electronic unlock door system as the company is ramping up security and has begun increasing thier security measures.. This is a private company.

So my question is 2-fold..
1) under OK state law, as her being a CC permit holder, she is within her rights to leave her gun (loaded) in her vehicle locked in the employers parking lot while she enters the building? (I just wanted to verify this "interpretation")

2) what if they begin doing car searches at the entry/exit gate?

Has anyone heard of an instance where someone somewhere has encountered this, and, which way has it gone?

Appreciate any info or insight on this..

 

[Biggsly]

The last place I worked did not allow guns at work. I talked to a lawyer about it. He said that they could not stop me from keeping a gun in my locked car. This question always brings out the butthurt, but I think you can refuse a search unless she works for the Gov. You might call and ask a lawyer to be sure.

 

[seurto]

The last place I worked did not allow guns at work. I talked to a lawyer about it. He said that they could not stop me from keeping a gun in my locked car. This question always brings out the butthurt, but I think you can refuse a search unless she works for the Gov. You might call and ask a lawyer to be sure.

I thought so as well, as, when we first moved here from Louisiana I researched the law and interpreted it as such, but never sought "official" legal interpretation on the matter.. As, all laws are interpretive and can be challenged depending on your resolve and pocketbook allowances.. IMO

No, it's not an exclusionary entity (places you are not allowed to CC) under standard CC law.. she would prolly refuse a search, and promptly seek legal representation, as it hurts her butt to be treated like a criminal without probable cause..

Unless you consider a patriotic, pistol packing, educated, god-loving, soccer mom, middle class "type" constitutionalist, A threat to your way of life.. lol

Louisiana and Oklahoma laws are the same on this issue, in Texas you are not allowed to do so.. Just FYI..

Thanks for the input biggsly..

 

[kinggabby]

According to state law TITLE 21 § 1290.22. Business owner’s rights 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.

 

[bilboben]

Since Ok is an "at will" employment state, she can be terminated for any reason. It would then be up to her to pursue a wrongfull termination suite if she wanted to. I am sure when she signed her employee handbook agreement form, she probably agreed to "appropriate and reasonable searches" by law enforcement personnel on company property. What do you think a random drug test is? If she refuses a search, that would be their grounds for termination. In Title1290.22 subsection B of the OK Self-defense Act, she specifically cannot be prohibited from carring a firearm in her locked vehicle in their parking lot.

 

[seurto]

Since Ok is an "at will" employment state, she can be terminated for any reason. It would then be up to her to pursue a wrongfull termination suite if she wanted to. I am sure when she signed her employee handbook agreement form, she probably agreed to "appropriate and reasonable searches" by law enforcement personnel on company property. What do you think a random drug test is? If she refuses a search, that would be their grounds for termination. In Title1290.22 subsection B of the OK Self-defense Act, she specifically cannot be prohibited from carring a firearm in her locked vehicle in their parking lot.

No doubt, we're familiar with that, coming from a RTW state as well..

I was recalling an instance where we exited the interstate and turned around before a drug checkpoint (unaware of the checkpoint, we just missed our intended exit) and were chased down and the officers were explaining to us about how suspicious it was that we turned around at the particular exit because only people who live in that rural area ever get off the exit..
My wife was FUMING that he was insinuating that there was the remotest of possibilities that we were "drug runners".. lol
She was seriously butt hurt over it.. And proclomated that if they woulda asked to search the car, she woulda adamantly declined..
It was amusing.. have to know my wife, she's usually pretty laid back about everything..

And I was painting her a picture of them strip searching her and her car at the parking lot checkpoint, getting her all worked up..

Greatly appreciate the info, its as I suspected/interpreted.

 

[rlongnt]

I don’t have time to look it up but do a search for “10th Circuit Court Oklahoma Gun Law” and you will see that Oklahoma’s gun law which makes it “Criminal” for an employer to restrict access in your vehicle was upheld at the Federal level. What is even better is that the individual giving you crap over it is themselves Criminally albeit only a “misdemeanor” liable, not necessarily the company as a whole. That makes it nice and personal should someone decide to start pushing their own agenda.

That said, cross the threshold into your office itself armed and prepare to get fired. This was a huge win for gun owner’s rights.

The no guns sign in front of the guard shacks at the American Airlines / Electronic Data Systems Gated, Secure lot immediately came down. I would guess there are now more guns per capita in glove boxes in that lot than anywhere else other than the parking lot at Oklahoma Police Supply. There probably was all along anyway.

I don’t even play a lawyer on TV so look it up and use your own best judgment.

 

[kinggabby]

I don’t even play a lawyer on TV so look it up and use your own best judgment.

I tried playing a lawyer once ... found myself guilty 2 times I felt I was unfair and biased so I decided to step down.

 

[Skiluvr03]

I know your employer can't prevent you from having a gun in your locked vehicle in the parking lot, but does the gun have to be unloaded or not? I read one writing of the law that said it had to be unloaded, but don't know if that was an old version of the law or not?

 

[okie362]

IF you have your CCL it does not have to be unloaded. Just locked in a vehicle.

As for the search, I'd let them and HOPE they found it. Then again...I do stir the pot from time to time.

As for the original policy on having a firearm in a locked vehicle at Electronic Data Systems locations. That was my fault. They tried to make me leave the campus in Plano in 1990 because I had a shotgun in a gun rack in my truck (Remember the days?). I refused and they told me it was against corp policy. In those days there were 6 corp policies total and that wasn't one of them. They pushed back with saying it was an unwritten security policy to which I replied, If it's not written it's not a policy...It's your personal desire!

Next day we received a new written corp policy on firearms ANYWHERE on EDS property. I was personally handed a copy of it by the ranking security officer in Plano.