Concealed Carry Law v.s. Employer Rules

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Rob Taggs

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Maybe this is a question for a lawyer but, I'm very confused. I work for a state agency in the state of Kansas and my agency put out a memo that saying that employees are not allowed to have firearms in our place of employment or in our personal vehicles. Then I got on the Kansas Attorney General's site specifically for rules on concealed carry laws. On the AG's site it stated that an employer can prevent you from carrying concealed in their buildings but, can not prevent you from having a firearm in your own personal vehicle.

I have no problem with not being able to bring a firearm into my place of work but, how can my employer a (State Agency) have a rules such as these and here the AG's office is telling everyone something entirely different? I have emailed the AG's office weeks ago and still no response from them. Kinda have the feeling that they want to sidestep the issue and think I will go away. Our agencies buildings are posted with the "No Concealed Carry" signs right on the front doors and everyone abides by it but, the agency right next door has citizens everyday coming in (Department of Motor Vehicles) getting there VIN checked for title purposes and who knows how many of them have firearms in their vehicles. These folks are restricted from coming into the DMV with firearms but, only into the building and not the vehicles.

Whole thing does not seem fair at all but, I just wonder how the State of Kansas can apply state law in regards to the general public but, being a state employee the rules apply totally different. Seems to me that the agency I work for is in direct violation of state law. What to you think?
 
If you mean Law Enforcement as far as a search of my vehicle they better have probable cause and a warrant in hand. I have nothing to hide but, I don't totally trust law enforcement 100% either (Might plant something to gain a conviction). I've worked in law enforcement and know for a fact just like anywhere else one works there are good as well as bad folks out there.
 
I can't speak for your employer, but the employers that I've worked for don't specifically prevent firearms in your personal vehicle in their employee rules. Instead, they state no firearms on company property. Hence, if your firearm is in your car and your car is on company property, you would be in violation.
 
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If you can't have it your car that means it gets left at home, thus leaving you unarmed for a good portion of the week and therefore defeating the purpose of concealed carry laws, no?

I'd leave in the car and take my chances rather than follow some idiotic bureaucratic rule.
 
Maybe the 1 in 1,000 that would pull that but, I'm not taking chances. Too many screwed up cops in my area. Could tell you some stories that you would not believe. In some urban areas cops are responsible for around 80% of the theft going on. Hard to believe but, still true.
 
Originally Posted By: Rock_Hudstone
If you can't have it your car that means it gets left at home, thus leaving you unarmed for a good portion of the week and therefore defeating the purpose of concealed carry laws, no?

I'd leave in the car and take my chances rather than follow some idiotic bureaucratic rule.



Agreed. Rather be tried by 12 than carried by six.

Here in Texas any parking lot is considered public so you can not be told not to keep a firearm in your car. They can prohbit in the building, but not the parking lot. I was taught this in the CCW class as it was a question raised.
 
I'm not familiar with those laws but generally an employer can prohibit most things otherwise ok in their premises and on an employees working time. Like making private phone calls, wearing strange clothes and so on. So it sounds reasonable that they can also prohibit firearms in their offices.
The parkinglot then. I would personally hate leaving a gun on the parkinglot for any criminal to find. Besides that, question is what parking lot? Is it in the building, for employees only, paid by the employer? In those cases you are bringing both your car and the gun to the office. Does your contract or an other rule state that your desk, bag and other areas of your workplace may be searched by the security staff? If so, your car may be searched in the company parking lot or when entering the gate.
If not, I would be surprised if your car can be searched without some serious complaints and a warrant. And why would anyone complain? And for gods sake, don't be sloppy with keeping that gun safely under control, under lock and dismanteled, when not around. The most common accidents are by just that, accidents when kids, morons or criminals misuse other peoples weapons, so this question regarding storage is not only about your safety.

In the old days in Sweden you could not bring weapons in the church. To help attendance, every church built a gun room at the entrance where you could leave swords and guns. Maybe that's something for your employser too?
 
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Contact the NRA. They can help you with legalities and precedents in any state. Even if your not a member,,,,you own a firearm, so you are a member, right?

Bob
 
There is a lawsuit going on in Oklahoma over this same thing. I apologize for not knowing all of the details as I haven't read the article yet (the latest edition of American Rifleman). There was an employer in that state that (somehow) did a search of employee's vehicles and those that had weapons in them were fired. I can imagine this case evidentially getting to the Supreme Court someday.
 
I'd speculate there was some inappropriate behavior going on in the staff WRT firearms, threats, whatever. Something would have to prompt a search like that. If so, the troublemaker(s) was most likely fired for good cause. Don't need another workplace shooting, or anywhere else for that matter.

It would be interesting to see more of the details.
 
That just wasnt right. Drugs are illegal, guns are not. If they had the proper permits, state law should overpower company law if the two intercede.Of course, I dont beleive that states should be allowed to make different laws concerning firearms, that it should fall under the constitutional rights and the Federal Goverment to uphold your right to own and carry in any State in the Union.
 
I wonder why a permit should be needed by non criminals ? A company can take your constitutional "rights" away? Never mind no one really cares about the constitution any more.
 
Originally Posted By: Panzerman
That just wasnt right. Drugs are illegal, guns are not. If they had the proper permits, state law should overpower company law if the two intercede.Of course, I dont beleive that states should be allowed to make different laws concerning firearms, that it should fall under the constitutional rights and the Federal Goverment to uphold your right to own and carry in any State in the Union.


They aren't interfering with your constitutional rights unless they are telling you you can't carry a firearm in your car on public property.

Alcohol is legal too (in most of the US). Many companies will take disciplinary action up and to firing for carrying alcoholic beverages onto company property. That includes in a car in their parking lot.

A lot of behavior that is legal in public can get you fired if done on company property.
 
They should install gun and booze lockers at the company parking lot entrance.
grin2.gif
 
Originally Posted By: XS650
Many companies will take disciplinary action up and to firing for carrying alcoholic beverages onto company property. That includes in a car in their parking lot.

The sad thing is all these company regulations won't do squat when the disgruntled former employee shows up and starts blasting away.
39.gif


If these companies were truly concerned about safety they'd allow employess to be armed, so if and when someone decides to run amuck at least he can stopped before the body count starts adding up.
Might even make the deranged think twice before pulling a stunt like that.
 
Originally Posted By: Rock_Hudstone
Might even make the deranged think twice before pulling a stunt like that.


The deranged act logically?
LOL.gif
 
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