Asking for legal help, York PA

Hi everyone, my name is Gabor Zoltan Barna. Long story short, my ex-wife and potentially her other Filipina friend made a complaint about me. My ex-wife used me for a green card to get in the country, and is now retaliating against me at work by telling people she was threatened when no such thing happened. She is doing this because I know the truth and have reported her to immigration services. HR for my workplace said I am not allowed to have any firearm on workplace property including their parking lot. I do have a valid CCW for PA and store my firearm in my center console rest to be out of sight. There is also no where else to park in the area. I cannot give full details because HR stated our conversation was confidential, so I won’t name the organization either. All I will state it is in York County, PA. Are there any attorneys or anyone with USCCA that can help challenge this if I am terminated under my membership? In the 20 miles I drive to work from my home, anything can happen where I need my firearm. I see this as nothing, but a retaliatory move with nothing, but liberal restrictive policies that only hurt law abiding citizens.

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Welcome to the community @Gabor

I am not a lawyer and don’t know any PA lawyers to recommend to you. There are some states that have laws forcing private employers to allow employees to keep firearms in parked vehicles on company property but I don’t think PA is one of them. So a lawyer may have limited ability to help on that front but they may have advice on how to best handle false claims being made against you.

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@Gabor Welcome. :slightly_smiling_face: Looks like you are SOL on the company rules, as long as you work there you will have to follow their rules. :man_shrugging:

STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT?

Does Pennsylvania have laws relating to storing firearms in private vehicles in an employee parking lot? Not addressed in Pennsylvania state law.

Pennsylvania Concealed Carry Gun Laws | USCCA CCW Reciprocity Map(Last Updated 05/19/2021) (usconcealedcarry.com)

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@Gabor
Welcome to the family brother. I am truly sorry that this is happening to you. I pray you find a good lawyer in PA. These allegations have been used against legally armed citizens a lot. The sad part is that it will be considered your word against theirs.

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Welcome,

Wishing you well. I hope some of our peers here offer some ideas.

Perhaps make sure you follow the letter of the law, including within your own home.

I’ll try to check in later.

Consult a local attorney experienced in firearm rights law.

“Word to the wise” brother, for now, perhaps temporarily make some changes to cover your _ _ _ legally and to appear the calm great worker that you are; Perhaps for your privacy, remove your photo from USCCA, edit your subject title, and post to not identify your city or state, and change your name on the post, to a masked Nic name; For your privacy.

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/pa-gun-laws/

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You can choose your own lawyer. My choice for a lawyer in that area would be Natalie Snyder, she’s the closest USCCA lawyer, although she practices in Pittsburgh. (412) 545-3579. Perhaps she could at least refer you to an attorney closer to your area (You’re lucky you’re in a county that votes heavily red in a blue state. The big “blue” areas are concentrated near Philly and Pittsburgh, rest of the state is primarily red)
I know that “No Weapons” signs are not enforced in PA, do they post “No weapon” signs in your employer’s parking lot?
Storing a firearm in a vehicle in an employee parking lot is not specifically addressed in the PA Statutes.
Not a lawyer, so this is just my understanding of the laws in PA, (Outside of Harrisburg, and Philly, where they disregard pre-emption laws.)
As long as you don’t work for the post office, a school, a detention center, the correctional facility, a courthouse, a mental hospital, or anywhere federal law prohibits a firearm, you should be allowed to keep your gun in the vehicle. Again, not legal advise, just what I’ve read. Call the USCCA to find out more about whether your case is covered. You are a USCCA member?

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Gabor,
If parking lot is really owned by your employer, you have no recourse. I would check if this is true, maybe it is public land, then the employer may have no say about what is in the car. A lawyer should be able to answer this one.
Also, the employer has no right to search your car. 4th amendment, right?
I wish you good luck!

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I’m not so sure this is true. Think in most cases the 4th would not stop a private employer from searching an employees vehicles on the employers property as long as they have a policy allowing for or “legitimate” reason to conduct the search. You could refuse to let them search but they could view that as grounds for termination.

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And that would be grounds for lawsuit. Unless company security can see lose ammunition inside the car, or white powder, or stolen company property.

Former employer in VA saw people moving rifles from trunk to trunk in the parking lot. They were fired. They sued and won, due to the parking lot being on public land.

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But if the parking lot is on private land then the company has much more leeway. They either need a policy that allows for searching (I have worked on several job sights were allowing a search before entering and leaving is mandatory) or a reason to search. Such as a person claiming someone has something in their car that is against company policy.

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Welcome Gabor :us:

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I don’t like hiding things. I’m very blunt. I don’t mean this to come out the wrong way, but you sound more like someone that goes by state laws and not the constitution. The purpose of cases like mine is to challenge them in court, so that judges can rule and legislation is made. State law cannot erode the constitution. And I’m not going to change my name or my photo. I stand behind who I am and what I say. I appreciate the advice from others who actually have given some answers to challenge this, rather than conform to the system.

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Not a lawyer so take this for what it is worth. It is my understanding that according to the Courts the 2A does not grant us the right to carry on other peoples’ private property if they don’t want us to. It only protects our rights in public places. So if the parking area belongs to your employer and they say no firearms on their property you have to abide by their wishes or face the potential consequences of possible discipline, termination and/or illegal trespassing charges dependent on your State’s laws.

I don’t think subjecting yourself to a court case would move the needle in your direction when it comes to forcing an employer to allow you to carry on their property. But you could work to get legislators in your State to pass a law allowing workers to keep firearms in their vehicles at their place of employment as other States have.

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Tell that to NY, NJ, MD, CA, IL and all the others.
The States erode the Constitution on a daily basis.
That’s why we are all passionate here on this topic.

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YES I HAVE THE ANSWER FOR YOU :100::bangbang:. If you ever get out of this TERRIBLE MESS TRY AMERICAN :us: YOU JUST HELPED A FOREIGNER TO BE AN AMERICAN :us: AND NOW YOU HAVE NO IDEA WHAT THEY ARE GOING TO DO TO THE REST OF US AND YOU KNOW WHAT SHE IS DOING TO YOU AND YOU DID NOT WANT AN AMERICAN :us: WIFE SO NOW YOU HAVE MADE EVERY MAN IN THE USA. HER VICTOM AND YOU WANT HELP HAW HAW :100::us:your FUNNY Bobby Jean And their plenty of :us: gals

I think there is always an appropriate time to be direct. Violating state laws can send you to prison. These days it seems as if all violating the Constitution gets you is a medal. Might not like it, but until overturned, state laws are laws. If stupid laws bother you, as they do myself, maybe the south pole would be more accommodating. Unfortunately for me, employment opportunities there are still in the development phase. As far as what @Burdo said, sometimes it’s better to lay low and wait. You can do whatever you want, I don’t really care, but it might would be a wise move if you plan on playing chess.

Until your challenge is victorious, you’re still technically a criminal. We all say we are “law abiding, responsibility armed citizens” until we have legally based restrictions imposed by our employer, or see a shiny new “gun free zone” sign. Be a criminal or be a law abiding citizen… your choice, but pick one and be consistent.

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I’ve read over the responses, will probably contact one of the attorneys in the network to discuss further. Do appreciate the one suggestion of the attorney in Pittsburg, but will see if there is someone closer. Private property is tricky because it’s a semi-public parking lot. What this means is while it is private property, it is open to the public for both customers and employees. It’s not like going to a business that is 100% enclosed, and even further different from entering someone’s private residence (Not Business). There were no state laws violated with me having my firearm. I have my CCW, and my firearm is stored out of sight. Only my ex-wife would know I had it in the vehicle. Here’s the legal argument, my workplace will refuse to take liability for my safety getting to and from work, so why should I be stripped of my rights to self-preservation which are given by the second amendment? The people out there that actually support businesses in these situations clearly don’t understand what, “Shall not be infringed” means per the constitution. Freedom of speech is protected so long as you don’t incite violence wherever you go, so why should the 2nd amendment have different principles? It’s one thing if this is someone’s private house. This is a semi-public parking lot, that is owned by a company. Complete different ballpark and should be challenged in court. Unless the company wants to say they accept anything bad happening to me (Carjacked) on my way to and from work for I travel through the city, they can chew on wood.

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Your response is 100% racist. I’m a naturalized citizen that came from another country. Everyone that is in this country asides from the Native Americans are originally foreigners. There is nothing wrong with immigration so long as it is legal in the country. You are the type of person that gives Conservatives like me, and so many others a bad name in the media. The reason I dated a foreigner is because of how far left feminist most girls are today. Unfortunately, I got catfished for a green card, but this girl doesn’t have her full green card yet. I can still get it revoked due to proof of adultery, etc. But that’s a separate discussion not meant for these forums.

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Since the parking area is actually on privately owned land, I’m pretty sure it will be legally treated as private property even if other members of the public are allowed to park there. There are even instances where the courts have allowed 1A rights to be limited by employers when their employees are on company grounds and/or on company time.

The couple of State laws I have read that force business owners to allow employees to keep firearms in their vehicles actually have an exclusion that allows owners to deny that right if they provide a sufficiently secured parking area. Since your parking area is unsecured I think you will have much better luck getting the State legislature to grant you the right to keep a firearm in your vehicle than you will trying to push a 2A case all the way through the federal courts arguing that your constitutional right extends to private property. That would be a significant change to current law.

I personally would love to see some state and federal laws that state if a private entity denies someone their right to self defense tools then that business must take full responsibility for the safety and security of everyone they allow on their property. But I don’t see that happening anytime soon.

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The only problem that i see here is that think u know the answer of the question but u just want to challenge it!! Go for it, get a lawyer and make a motion, but not because things don’t go ur way here gives u the right to say that u appreciate those one that sympathy with u and F÷=/ the rest u ask and people will say what they think and believe even though they dont say what u want to hear!!! By the way if ur only want to challenge it this is not the proper chanel to do so!!

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