Employer invasion of privacy

For the record, I joined USCCA today & have been a licensed CCW permit holder in multiple states over the course of the last 21 years.

Let me set this up. I work in the automotive service industry in Atlanta, Georgia, for one of a family owned chain of dealerships. As a new hire, I read in the employee handbook (which forces you to sign & agree to the mandates therein) that employees are only allowed to have firearms in their personal vehicles as long as the employee is licensed to carry a firearm & notifies the company of presence of the firearm. This seems to be a tremendous invasion of privacy (like unto a form of gun ownership registration), especially because our vehicles are parked hundreds of feet from where we actually work, but less than 50 feet from a busy intersection, not inside a parking deck or deep into company property/inside a building, etc. Is it legal for the employer to have such a disclosure requirement?

I am aware employers can restrict CCW on their private property, but was under the impression that having the gun hidden away in your personal vehicle was no different from having it in your home.

Please clarify this for me. I thank you for your help, USCCA & community.

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Welcome to the family and you are blessed to be here .

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My place of employment has “rules” about fire arms on the property in your vehicle, but they have no authority to search your vehicle. So we just keep them out of sight locked up.

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It will depend on the laws of your state.

For example, I live in Wisconsin and my employer can NOT stop me from having a firearm in my vehicle even if it is on company property. I must follow all the state/federal laws but that is as far as it goes.

There was a time not that many years ago this was not the case but a change in the state law (in Wisconsin) states an employer can not block you from legally having one in your vehicle. It changed the same time the Conceal Carry laws changed.

My point is, you need to check your state laws or consult a 2A friendly lawyer in your state to get the correct information as it varies widely from state to state.

Don

Edited for spelling error

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If it would not be confrontational, I would ask if customers can be on site armed.

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Don’t ask. Don’t tell, until you can legally figure it out.

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If you have the USCCA App on your phone, you can look at the Laws in Georgia. It does state that basically you are allowed to have a firearm in your vehicle, regardless if it is a private or public parking lot, provided it is locked and put away and you are a licensed holder. I have paraphrased a bit, but it looks like you are within your right to do so.
[Ga. Code Ann. SS 16-11-127(a)(5)]

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Not to be a party pooper but as a business they can make any rules they want. If you don’t wish to follow the rules you don’t have to work there. It’s the same with 1A, you have the right to say what you want but there can be consequences.

When I worked in the corporate world, I carried a pocket pistol against company policy. It was legal by law for me to carry it, but work said no. I weighed the risk/benefits. If I’m found out, I loose my job. If there is a dynamic critical incident at work I save my life and maybe the lives of my work mates. I chose to take the risk of carrying.

Now I own my own business and encourage every employee to carry. Most do. When they leave work or go to lunch if they don’t have their Texas LTC they pop their EDC into their glove box or what not, they can CC or OC off of work property without a license.

I hope the first sentence doesn’t sound to harsh but it is logical and as terms of employment you have to follow their rules.

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I think @Fizbin nailed it. It sucks when our rights are taken away, especially when a government or company can supersede the 2nd Amendment. My place of employment bans employees from carrying( even with a permit) but doesn’t stop a permit holder not employed. Talk about frustrating…But at least I know there’s a good chance some good people are carrying.

I may be wrong but I think it boils down to insurance and liability, or in other words the almighty dollar

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As Hank Hill would say… “Yep!”

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Can you carry alternatives without notification? Knife? Pepper Spray? Stun gun? I agree that the rules seem silly, but there are other options. i’m thrilled to not be commuting (train) or to be in the office, both of which rule out weapons of any kind for the legal folk.

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I don’t know the employment laws of GA or practices of the specific company you work for, @GaShootist, but you’ve already given them a lot of information about yourself when you applied. You probably voluntarily gave them your social security number and they probably did a criminal background check on you and possibly a credit check on you as well.

You have the option to work other places. If we want people to respect our rights, we must respect their rights (business owner rights) to decide what they will and won’t allow on their property.

Here is a link to the laws for carrying in GA for you, @GaShootist:

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Not trying to appear confrontational but that statement doesn’t hold legal “meat” here in MO. Might be the same in your state, and likely is from what I see.

In MO our CCW law states in black and white that I can have a gun in my car by LAW. It also disallows the desires/wishes/policies of ANY business to override that RIGHT- period. Its called preeminence in legal terms (family of lawyers and LE).

preeminence = surpassing all others

The property of preeminence has been challenged and proposed changes defeated without question. Several municipalities /businesses have attempted to “add” restrictions/differences to 2A and been shot down immediately. One such case involves trying to restrict OPEN carry because they didn’t want it in their county. Too bad, preeminence of STATE law (for CCW holders) prevails. Period!

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The question isn’t if you can or cannot have a gun in your car, the question is if the employer can demand to know about it. And different states have different laws. MO is a pretty gun-friendly state.

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Dawn,

That would be the EXACT same question as asking me IF I have a gun in my home. I believe I could successfully argue that its an invasion of privacy. My vehicle is off limits just as my house is. I am going to try and find the case I have in my mind where a school district wanted to know which parents had guns in their cars while picking up children. As you likely know, I/we are allowed to have a gun in my car even on school property and there is no obligation to respond to that administrators inquiry, except possibly under a legal warrant, which they will never get on that issue.

Legal Atty here with thoughts?

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If MO law allows you to have a firearm in your car AT your place of work then there is your answer. If your employer wants to know if you have a firearm on their property they have the right to ask about it. The answer you give them will be between you and the guy in the mirror.

Cheer,

Craig6

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This is correct. The OP asked if the business can ask and what not. Yes they can. You can answer anyway you want though.
Regardless if they are looking for a firearm, stolen property, drugs, it’s their parking lot, it’s their business, if you don’t like it in America you can find a new job.

No @EDC_always , you’re not being confrontational. This is a discussion and that’s what we do here. The only way I learn is by hearing different opinions, facts and information.

Here in Texas, you can have a firearm in your car while you’re at work. It took Texas law to make that happen. We are a “right to work state” so your place of employment can fire you for any or no reason.

Remember what I said, I used to carry into work (in my pocket) and still would if I worked in the corporate world.

This is a great thread btw, I enjoy the civil back and forth, love you guys!!!

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If an employer post a sign saying NO firearms on their property. That’s the end of story!

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True, but it seems the question is that an employee may not carry due to an employee handbook/rule, but that customers can (no sign on establishment).

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That depends on the state. A lot of states recognize your vehicle as part of your castle and a lot of states do not.

If you’d like to argue that it’s an invasion of your privacy, that’s definitely something you can do with the employer or in the courts. You have to weigh the risk to your employment, finances and possible risk to your reputation.

When you sign the employee handbook you agreed to let them ask. Therefore the employer can ask and if you refuse to answer or lie, they probably can, and very well may, fire you. If you don’t want them to ask, find employment somewhere that supports our Second Amendment rights. (USCCA is hiring :smiley: )

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