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

[Skiluvr03]

Everyone here presumes that the employer is searching the car for guns. In my experience they are probably searching for drugs or stolen items. From what I have seen you have the right to refuse a search. Then they will exercise their right to fire you.

Michael

Recently, at my workplace, they went through the parking lots with dogs, acting on a tip that there was drugs being brought to work and the dogs acted on guns in some of the vehicles. A great many of us have our CCW Permits and some of the guns were loaded. There was a disagreement as to what the law is and they are working to get it cleared-up and will be making statement about it after doing their research. Nobody got into trouble for the guns. They used to not allow guns at all until that law passed, but now there are arguments as to guns being loaded or unloaded. The law they posted at work, said unloaded, but I think that was an old law, or a law that pertained to non-CCW'ers, but I want to make sure. I am always leaving a loaded gun in the car when I go to a Gov't building or something because I don't ever leave my house un-armed.

 

[Skiluvr03]

I just re-read the CCW Handbook at the OSBI site and I can't find the answer to the question about if a gun has to be unloaded if stored in a locked vehicle when you are at work, shopping, or whatever. I have been working all night and I am tired and I could have missed it. Can someone direct me to where it says your gun can be loaded and stored in your vehicle??? The closest statement I have found is you can have it loaded if you are in, or near your vehicle; I guess it comes down to the definition of "near"???

 

[Rod Snell]

I just re-read the CCW Handbook at the OSBI site and I can't find the answer to the question about if a gun has to be unloaded if stored in a locked vehicle when you are at work, shopping, or whatever. I have been working all night and I am tired and I could have missed it. Can someone direct me to where it says your gun can be loaded and stored in your vehicle??? The closest statement I have found is you can have it loaded if you are in, or near your vehicle; I guess it comes down to the definition of "near"???

The section you are reading only applies if you have an unlicensed person in the vehicle.
Having a CHL exempts you from 2 laws only: concealing a handgun, and having it loaded, while it is under your control.
If you leave a loaded gun in your locked unoccupied vehicle, that's fine. If your unlicensed spouse borrows the car with your gun in it, that's NOT fine, and she would need a CHL also.
Title 21, Section 1290 gives authority to carry a concealed handgun and specifies prohibitions. If it is not prohibited in OK, it is allowed. (as opposed to listing every specific thing you are allowed to do)

Added: By the way, on Primary and Secondary school property, it is specifically forbidded to leave a firearm unattended in a vehicle, loaded or unloaded.

 

[Skiluvr03]

Thank you for your reply.

 

[coveyjt]

TITLE 21 § 1289.7a 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.
B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for occurrences which result from the storing of firearms in a locked motor vehicle on any property set aside for any motor vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms. The provisions of this subsection shall not apply to claims pursuant to the Workers’ Compensation Act.
C. An individual may bring a civil action to enforce this section. If a plaintiff prevails in a civil action related to the personnel manual against a person, property owner, tenant, employer or business for a violation of this section, the court shall award actual damages, enjoin further violations of this section, and award court costs and attorney fees to the prevailing plaintiff.

I have seen 1290 cited earlier but 1289.7 is where you need to read. At my CCW class the instructor, a lawyer, said if you ever get fired from your job for leavng your firearm in your car, call him. He said that is 100% assured to get money from civil action.


john

 

[seurto]

Dang, this thread was resurrected with some good cited info, thanks guys.

Wife and I studied the statutes and cane to the conclusion that if her car was searched, and they were to fire her for having it, then we weren't interested in her being employed by a company that feels that way about anyone (let alone a woman) exercising thier legal rights to self preservation under the law.

Where I work (on drilling rigs) everybody has guns in thier vehicles, it's like an unspoken policy. Been that way since my grandfather worked on the rigs, didn't need permission from a politician to "allow" you to sensibly exercise your rights..

But then again, I suppose those were simpler times..