Government job restrict gun in parking lot

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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troy bilt
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Government job restrict gun in parking lot

Post by troy bilt »

Can a government employer make policy that its employers not bring firearms to work and leave them in there vehicles?

I would think as long as the public had access to the parking lot where the employers park then they too would be perfected under 9.68?

What has me thinking I may be wrong is that making policy for your employes is not the same as making it unlawful.

Thank you for your time.
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BobK
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Re: Government job restrict gun in parking lot

Post by BobK »

Let's leave prison parking lots out of the discussion, since they are covered by a separate statute and just talk about ordinary government parking lots.

1. It is not a criminal offense for anyone, including employees, to park there.

2. However, an employee could be fired for violating employment policies. If the employee is governed by a collective bargaining agreement, the terms of the contract would apply.
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Re: Government job restrict gun in parking lot

Post by Tweed Ring »

Typically, government employees are covered by a labor contract; or are exempt; or are at will, i.e. unclassified; or are elected/appointed officials. I don't consider contractors to be true government employees.

Management can, and will, create and enforce reasonable rules for employee conduct. There are potential landmines for any employee who violates said rules. Here's but one example: for whatever reason, the employee uses his personal vehicle for a work-related task, while on the clock. A traffic accident happens. The paddy rollers find a firearm in the vehicle. Hilarity does not ensue.

Management can do what management wants to do. Management can not always sustain what they have done, in a variety of appeal venues.
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Re: Government job restrict gun in parking lot

Post by Aesinsp »

The paking lot at my work was posted with no-guns signs - very briefly. I believe it turned out that posting the parking lot didn't fly legally - it was not wholly owned or wholly leased by my employer(gov). The lot(and adjacent building) is also occupied by a private company.
My building is a privately owned but leased by a government entity - its labled as a no unauthorized weapons area.
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Re: Government job restrict gun in parking lot

Post by mreising »

I believe Federal government facility parking lots are off limits to all firearms.

Here is a Stu worthy story: I was QA manager for a major construction project at the Fernald site near Cincy. This was a DoE project at a former government owned/contractor operated (GO/CO) weapons production facility (Fernald Feed Materials Production Center-many locals thought it was animal feed because of the checkerboard patterned water tower). Firearms and alcohol were among the list of banned items, even in the parking lots. One day the site security police and sheriff's deputies showed up on the construction project with a list of names. They called the union stewards for the various crafts to a meeting and presented the list of names with a demand to produce the employees. About 6 guys were brought in to the office and told to immediately remove their vehicles and all contraband items from the property or face arrest. It turns out that the security people were patrolling the lot and saw a bag of EMPTY beer cans in the back of a pickup truck; the cans were destined for the recycling center after work. Because the cans were alcohol related, the security officer opened the unlocked door and searched the cab (all vehicles and property are subject according to the terms of the facility pass) and found a tackle box with a .22 pistol in it. They then searched some of the surrounding vehicles and found more firearms, some more empty alcohol containers and a couple of full ones. The vehicle passes tied the workers on our project to the vehicles and contraband. Fortunately, the site security police allowed the items to be removed from the facility with nothing other a reprimand. The guys took everything offsite, placed the items from one vehicle into one of the vehicles left parked off site and returned to work in the "clean" vehicle. The point is, government facility equaled no weapons (except for the stuff they made :wink: ).
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Re: Government job restrict gun in parking lot

Post by SMMAssociates »

Mark:

You rang? :mrgreen:

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Stu.

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Re: Government job restrict gun in parking lot

Post by BobK »

SMMAssociates wrote:Mark:

You rang? :mrgreen:
I think that is the all time record for shortest Stu reply. :mrgreen: Where is the rest of the novel? :lol: :lol:
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Re: Government job restrict gun in parking lot

Post by JediSkipdogg »

BobK wrote:Let's leave prison parking lots out of the discussion, since they are covered by a separate statute and just talk about ordinary government parking lots.

1. It is not a criminal offense for anyone, including employees, to park there.

2. However, an employee could be fired for violating employment policies. If the employee is governed by a collective bargaining agreement, the terms of the contract would apply.
Wouldn't 9.68 win in either case whether one has a bargaining unit or not? My government employer has a policy that one has to notify HR if they have a concealed handgun license and wish to store the weapon in their vehicle during the day. I would assume failure to notify could result in termination. However, where in 9.68 are they allowed to have that policy? Criminal or Civil, I don't see how they could even have the policy.
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Re: Government job restrict gun in parking lot

Post by MyWifeSaidYes »

I would say that 9.68 disallows such rules.

The problem is that someone would have to press that issue.

When there are 100 people and the gun only holds 5 bullets...who wants to be first in line?
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Re: Government job restrict gun in parking lot

Post by Werz »

MyWifeSaidYes wrote:I would say that 9.68 disallows such rules.

The problem is that someone would have to press that issue.

When there are 100 people and the gun only holds 5 bullets...who wants to be first in line?
Exactly. My office is in a building which purports to be covered by a local rule consistent with the provisions of R.C. 2923.123(E), and the building is posted as such. The problem is that the local rule is not really in compliance with that statutory provision, nor is the actual practice of certain personnel. Nevertheless, to date, nobody has blatantly flouted that rule.
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