Illegal Company Policy

[echosmaster]

As I understand the law, it is illegal for a company to prohibit employees from having their carry gun in parking areas. The company I work for in MN has a policy that states "The company prohibits all firearms and explosives on company property". I informed the manager that this was not a legal policy and asked him to rewrite it to exclude parking areas, but he refused. Now I'm wondering what next step I can take to get this accomplished? Thanks to anyone who has helpful advice on this.

 

[Firefighterchen]

It's there an actual law that states such is illegal for employers to do so? Can you post a link to that law?

Or is there no law or case reference to back up your employer if they were to terminate an employee for going against that policy?

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[localgirl]

I think it might be a state by state law, but I'm not sure. Like Chen said, find the statute. I know in most cases your vehicle is considered your private property even when on others' property. And, if it is legal, I say carry/store and sue th pants off 'em if you get fired.

 

[Firefighterchen]

Link Removed

" Employers and private business owners (building owners, operators and tenants but not landlords) may ban guns on their premises if they comply with certain notice requirements. The act states that, "An employer, whether public or private, may establish policies that restrict the carry[ing] or possession of firearms by its employees while acting in the course and scope of employment."4 However, an employer may not prohibit guns in "a parking facility or parking area."5"

3. Minn. Stat. §§624.714, Subd. 1(a), 624.7181, subd. 1(c) (2003).

4. Minn. Stat. §624.714, subd.18 (2003) (emphasis added).

5. Id.

6. See Fehrendorff v. North Holmes,

Here is the actual statute the link is referencing:

Minn. Stat. §624.714, Subd. 18.

(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

This is homework you should have done before you confronted your employer. Many members here don't mind doing such for others in need, but I hope what you take from this post is how much more responsibility you have. Good luck.

 

[Firefighterchen]

My advice in your situation, if it's a big box store contact corporate with the statute in writing. If it's not, or corporate doesn't make a change, carry in your vehicle as you see fit. Just know if you're fired whether or not you are willing to spend the money to fight it. You will probably win, but you will spend a pretty penny up front.

IMO this law trampled private property owners Right's, and you should follow you're employers rules...but you're a grown up, so you can make your own decisions.

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[localgirl]

^ Liking this comment because I have no button

 

[thoricuncle]

Kentucky has a similar law. However, the only redress we have is that if we are terminated, we can sue for illegal termination.

I don't want to start the whole "Property Rights v Gun Rights" debate but I think it's quite clear my vehicle is my property.

 

[apvbguy]

As I understand the law, it is illegal for a company to prohibit employees from having their carry gun in parking areas. The company I work for in MN has a policy that states "The company prohibits all firearms and explosives on company property". I informed the manager that this was not a legal policy and asked him to rewrite it to exclude parking areas, but he refused. Now I'm wondering what next step I can take to get this accomplished? Thanks to anyone who has helpful advice on this.

this is a law in many states but not in all, be certain that it is the law in your state before trying to assert your rights.

 

[Stengun]

Howdy,

In Arkansas we have a law that states we can keep a gun in our vehicle at work even if our employer has a "no gun(s)" policy IF you have a CCW permit.

If your state doesn't have this law start making phone calls.

Paul

 

[ezkl2230]

Link Removed

Minnesota Law 624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.

Subd. 18.Employers; public colleges and universities. (a) An employer, whether public or private, may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment. Employment related civil sanctions may be invoked for a violation.
(b) A public postsecondary institution regulated under chapter 136F or 137 may establish policies that restrict the carry or possession of firearms by its students while on the institution's property. Academic sanctions may be invoked for a violation.
(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

 

[wolf_fire]

^ Liking this comment because I have no button

Somebody get local girl a button please!!!!!!!!

 

[wolf_fire]

As I understand the law, it is illegal for a company to prohibit employees from having their carry gun in parking areas. The company I work for in MN has a policy that states "The company prohibits all firearms and explosives on company property". I informed the manager that this was not a legal policy and asked him to rewrite it to exclude parking areas, but he refused. Now I'm wondering what next step I can take to get this accomplished? Thanks to anyone who has helpful advice on this.

Is where you work considered a Federal facility? If yes, then your employer may have every right to say you cannot have it on the parking lot as well. If it is not a Federal facility, then what Firefighterchen said.

 

[mytincup]

As long as it is in the auto and not in plain site there shouldn't be a problem. They can't search your auto so unless you tell anyone its there no one will know but you.

 

[caubry89]

Howdy,

In Arkansas we have a law that states we can keep a gun in our vehicle at work even if our employer has a "no gun(s)" policy IF you have a CCW permit.

If your state doesn't have this law start making phone calls.

Paul

Do you have a link to this? Everything I see says it passed the house but failed the senate. Would love to have a copy of it in the truck just in case.

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