Concealed Carry in Fleet Vehicle

[AggieBryan]

Howdy,

I just got a new job that supplies me with a company fleet vehicle. In the packet that I received, it says that I am unable to have a weapon of any kind on me in the vehicle. My question is, is this legal? I know that they would fire me if I was in a situation where I needed to protect myself and used my gun, but I think I would rather err on the side of caution and be safe. I know it is my decision on whether to carry or not, but it doesn't seem like a company could tell me to drive all day with no protection legally.

Thanks,
Aggiebryan

 

[Ghost Rider]

Actually they can. If your on there time and in there vehicle you are required to play by there rules. You might not agree with it, but that's the way it is. If you choose to carry while on the job or in there vehicle and they find out, you will probably be fired on the spot.

 

[wolf_fire]

Howdy,

I just got a new job that supplies me with a company fleet vehicle. In the packet that I received, it says that I am unable to have a weapon of any kind on me in the vehicle. My question is, is this legal? I know that they would fire me if I was in a situation where I needed to protect myself and used my gun, but I think I would rather err on the side of caution and be safe. I know it is my decision on whether to carry or not, but it doesn't seem like a company could tell me to drive all day with no protection legally.

Thanks,
Aggiebryan

While it wouldn't be illegal to carry in the vehicle, it is also not illegal for your company to impart these restrictions as terms of your employment.

You do what is right for you, however, know that if you are ever caught with said firearm, you will be most likely terminated from employment.

I hear people already saying, but concealed is concealed. True, but an over zealous cop at a routine traffic stop could uncover that concealed weapon pretty easily.

 

[Cowbilly32]

I agree with the above posts. The Constitution states that the government shall not infringe (and we all know how that is going) but does not extend into private businesses. So...with that being said, I would try an appeal. Find out who in the company is in authority to rescind that rule and provide good, well researched data and present him/her with an appeal. Many companies are concerned with employee safety since that comes with a cost to their bottom line. You might incorporate that into your appeal. The worst that can happen is that things will stay as they are.

 

[MasterGadgets]

I agree with the above posts. The Constitution states that the government shall not infringe (and we all know how that is going) but does not extend into private businesses. So...with that being said, I would try an appeal. Find out who in the company is in authority to rescind that rule and provide good, well researched data and present him/her with an appeal. Many companies are concerned with employee safety since that comes with a cost to their bottom line. You might incorporate that into your appeal. The worst that can happen is that things will stay as they are.

But, if he brings up that subject and he is denied, then they will be suspicious and possibly look for him to be carrying and thus get him fired.

 

[AggieBryan]

Thanks, I was pretty sure that what you all said was right. It just seems crazy that they would want me on the road all of the time without a weapon. Hell, the company offers concealed carry classes! It is just a matter of the fleet company not wanting them in the car. I have already been trying to find someone to talk to that has the power to make a decision, but keep finding the roadblocks instead of the right people.

 

[Eidolon]

Howdy,

I just got a new job that supplies me with a company fleet vehicle. In the packet that I received, it says that I am unable to have a weapon of any kind on me in the vehicle. My question is, is this legal? I know that they would fire me if I was in a situation where I needed to protect myself and used my gun, but I think I would rather err on the side of caution and be safe. I know it is my decision on whether to carry or not, but it doesn't seem like a company could tell me to drive all day with no protection legally.

Thanks,
Aggiebryan

Sorry but they can , their vehicle, their rules

 

[Eidolon]

an over zealous cop at a routine traffic stop could uncover that concealed weapon pretty easily.

It's also worth mentioning that since it's the company's vehicle they can give consent for it to be search regardless of what you say

 

[Eidolon]

I would try an appeal. Find out who in the company is in authority to rescind that rule and provide good, well researched data and present him/her with an appeal. Many companies are concerned with employee safety since that comes with a cost to their bottom line. You might incorporate that into your appeal. The worst that can happen is that things will stay as they are.

Quite possibly the worst possible advice you could be given. If you do try an appeal and it gets denied you are going to be squarely on the company's radar and along the same lines as them being able to give the police consent to search the vehicle you can't deny them the right to search their vehicle. leave the gun at home

 

[sdprof]

Thanks, I was pretty sure that what you all said was right. It just seems crazy that they would want me on the road all of the time without a weapon. Hell, the company offers concealed carry classes! It is just a matter of the fleet company not wanting them in the car. I have already been trying to find someone to talk to that has the power to make a decision, but keep finding the roadblocks instead of the right people.

Now you've introduced a bit of confusion in the discussion. If your company is CC friendly, to a degree, the no guns in vehicle policy seems odd. Is the vehicle actually company owned, or is the vehicle leased by your company from some third party? Whose is making the no gun rule?

 

[Cowbilly32]

Quite possibly the worst possible advice you could be given. If you do try an appeal and it gets denied you are going to be squarely on the company's radar and along the same lines as them being able to give the police consent to search the vehicle you can't deny them the right to search their vehicle. leave the gun at home

I understand where you are heading but how is this bad advice? I am assuming that the OP will follow the rules, so...if he is on the company's radar, as you propose, then he has nothing to worry about. Again, he has everything to gain and nothing to lose by making an appeal.

Below are 7 principles to making an effective appeal:
1. Be in “right standing” with your authority.
2. Have the right motives for your appeal.
3. Discern the appropriate time to make your appeal.
4. Provide accurate information.
5. Have right attitudes.
6. Use appropriate words to present your appeal.
7. Respond correctly if your appeal is rejected.

If these are followed I am certain that the company would not "target" the OP since he has demonstrated a respectful attitude. Only when someone is pugnacious does it rub an authority the wrong way. Even the most hard hearted men will respond rightly when shown respect.

 

[AggieBryan]

Now you've introduced a bit of confusion in the discussion. If your company is CC friendly, to a degree, the no guns in vehicle policy seems odd. Is the vehicle actually company owned, or is the vehicle leased by your company from some third party? Whose is making the no gun rule?

The company is leasing the vehicle from a 3rd party. In fact my company is extremely CHL friendly, which is why I even have the question. I can carry on the company premises, but I can't carry in the vehicle that gets me there. Sorry I left out that detail.

 

[BluesStringer]

The company is leasing the vehicle from a 3rd party. In fact my company is extremely CHL friendly, which is why I even have the question. I can carry on the company premises, but I can't carry in the vehicle that gets me there. Sorry I left out that detail.

What work duties do you perform from the vehicle? Are you in sales, or do you enter several businesses and/or private residences each work day? It may be some insurance-imposed policy where the insurance company precludes by contract any liability for coverage for damage or injury that happens on the property of someone not insured by them.

I worked for eight years outside the brick-and-mortar location of my employer. Five of them I spent obeying the no-weapons rules. After co-workers were robbed three times during those five years, the last one being put in ICU in a freakin' coma from a cinder-block from behind to the side of his head, I said screw the rules and carried for the remaining three years that I worked there. Those three years were also spent cultivating relationships with the armored truck couriers that came into the business three times a week. When I left, I left to go to work for the armored transport company and didn't have to worry about carrying for the next five years, at which time I went to work at another no-weapons company. Screw them too. I carried. Dime-a-dozen jobs are a dime-a-dozen. I'm not giving you advice, I'm just relating what my conclusions have been for the same question you're trying to answer for yourself.

I imagine your state and/or jurisdiction within your state has some bearing on the legal questions you seek answers to, but I didn't see if you said where you live. For instance, here in Alabama a law just went into effect late last year that says an employer cannot prohibit their employees from having weapons in their vehicles while they're inside working and their car is in the parking lot. That means the state protects the citizens' rights to travel to and from work while armed. It crossed my mind to wonder if your job is in large part actually traveling in a car, whether supplied by the company or not, would a law like that extend to your work day as long as when you're out of the car, you unstrap? Not sure about that, and as far as I know, our parking lot law is not all that common, so chances are you don't enjoy similar state-protected privileges. But there ya go, your state may still have some bearing in sussing out the legalities.

Blues

 

[AggieBryan]

What work duties do you perform from the vehicle? Are you in sales, or do you enter several businesses and/or private residences each work day? It may be some insurance-imposed policy where the insurance company precludes by contract any liability for coverage for damage or injury that happens on the property of someone not insured by them.

I worked for eight years outside the brick-and-mortar location of my employer. Five of them I spent obeying the no-weapons rules. After co-workers were robbed three times during those five years, the last one being put in ICU in a freakin' coma from a cinder-block from behind to the side of his head, I said screw the rules and carried for the remaining three years that I worked there. Those three years were also spent cultivating relationships with the armored truck couriers that came into the business three times a week. When I left, I left to go to work for the armored transport company and didn't have to worry about carrying for the next five years, at which time I went to work at another no-weapons company. Screw them too. I carried. Dime-a-dozen jobs are a dime-a-dozen. I'm not giving you advice, I'm just relating what my conclusions have been for the same question you're trying to answer for yourself.

I imagine your state and/or jurisdiction within your state has some bearing on the legal questions you seek answers to, but I didn't see if you said where you live. For instance, here in Alabama a law just went into effect late last year that says an employer cannot prohibit their employees from having weapons in their vehicles while they're inside working and their car is in the parking lot. That means the state protects the citizens' rights to travel to and from work while armed. It crossed my mind to wonder if your job is in large part actually traveling in a car, whether supplied by the company or not, would a law like that extend to your work day as long as when you're out of the car, you unstrap? Not sure about that, and as far as I know, our parking lot law is not all that common, so chances are you don't enjoy similar state-protected privileges. But there ya go, your state may still have some bearing in sussing out the legalities.

Blues

It's a sales job that I go in and out of businesses all day. I'm in Texas. You hit the nail on the head for where my question was coming from. I know we can carry to and from work in our cars by state law, and I understand that the fleet company may not want us to carry, but like you said, a job is easier to come by than a new life because I wasn't protected. I don't leave the house without a gun, and it is concealed on my person, so I'm pretty sure that if anyone searched my car (outside of a LEO) they wouldn't find it on me. I guess I'll just have to keep it to myself and figure out what is the right thing for me to do.

Thanks for the help everyone.

 

[Eidolon]

The company is leasing the vehicle from a 3rd party. In fact my company is extremely CHL friendly, which is why I even have the question. I can carry on the company premises, but I can't carry in the vehicle that gets me there. Sorry I left out that detail.

That doesn’t make any sense if the company is leasing the vehicle then for the term of the lease the vehicle belongs to the company. If I lease an automobile the company I leased it from can’t tell me what legal items I may or may not have in the vehicle.

 

[Bigcarlover]

That doesn’t make any sense if the company is leasing the vehicle then for the term of the lease the vehicle belongs to the company. If I lease an automobile the company I leased it from can’t tell me what legal items I may or may not have in the vehicle.

A few comments:
- I don't think there's legal reprecussions to carrying in the vehicle. Yes, they could terminate employment if they found out, but I don't think there's any law in any state that makes it a legal infraction.
- In a routine traffic stop, a cop is not going to ask for company policy paperwork to determine if you're allowed to carry in the vehicle or not. And even if they did, you can't be arrested for violating a company policy. Highly doubt a cop is going to take the time to call up a company, verify their policy, and tattle tell on you.
- Even the company is CHL friendly and it's the leasing fleet with the issue, it may be a liability for the employer if they don't require their employees to follow the leasing policy. So tread carefully.

 

[walknotinfear]

I also drive a company vehicle. I do not bring my handgun with me while I am at work, not because state law says I can not carry a weapon but because I do not want to get fired.

I do have a company policy that says I can not have a weapon in my personal vehicle if it is parked on company property. Now this I do have a problem with. I believe I actually read in policy for the company I work for that they could search my personal vehicle. I was floored when I read this but I kept my comments to myself. But you better believe I would not allow my managger to search my vehicle, PERIOD!

 

[BluesStringer]

I also drive a company vehicle. I do not bring my handgun with me while I am at work, not because state law says I can not carry a weapon but because I do not want to get fired.

I do have a company policy that says I can not have a weapon in my personal vehicle if it is parked on company property. Now this I do have a problem with. I believe I actually read in policy for the company I work for that they could search my personal vehicle. I was floored when I read this but I kept my comments to myself. But you better believe I would not allow my managger to search my vehicle, PERIOD!

The law that I mentioned here in Alabama does not preclude an employer from searching vehicles on their property. It only precludes them from using the discovery of a firearm during a search to discipline or fire the owner of the vehicle.

I mentioned that I used to drive/courier for an armored transport. Believe me, if every single bag or bundle that we processed didn't balance to the penny, everybody's vehicles got searched. Lots of government contractors and NASA contractors around here. Searches are routine for every ingress and egress every single day. I'll just about bet that once Remington gets up and running here in Huntsville, it will be the same. In most cases it has to do with secret information, like plans for rockets or aircraft that the NASA and government contractors are working on, but in other cases it is strictly to make sure people aren't stealing stuff.

I'm curious why you would not allow your employer to search your car on their own private property? You said you don't carry because you don't want to get fired. Fair 'nuff, but would you get fired over refusing to allow a vehicle search?

Blues

 

[wolf_fire]

Thanks, I was pretty sure that what you all said was right. It just seems crazy that they would want me on the road all of the time without a weapon. Hell, the company offers concealed carry classes! It is just a matter of the fleet company not wanting them in the car. I have already been trying to find someone to talk to that has the power to make a decision, but keep finding the roadblocks instead of the right people.

You without a firearm in the company vehicle means you can't use it on anyone even if you need to. This satiates insurance companies when you, as an employee representing the company, can't shoot anyone.

If you are in a justifiable shooting, you are the representative of the company that has possibly deep purse strings. The survivors might like to bring those deep pockets to civil court.

If you have no gun, this is never a possibility. If you do have a gun, you were warned and therefore in direct violation of company policy and the lawsuit is negated from their end.

 

[Rock_Castle]

This policy is purely CYA for your company. My company has the same policy, but the CEO has armed bodyguards with him in his car. It might get interesting in court if the company was to terminate someone for having a weapon in their company car but the CEO was allowed to do it.