SB199 parking lots question.

[rightwingpatriot]

I have a question about leaving a firearm in a vehicle.
My employer has the right (through our contract) to search vehicles at random and any type of weapon will be cause for termination. The NRA summarization mentioned "publicly accessible parking areas", which ours is not, there is a guard gate at the entrance and a no firearms sign posted on the gate. I have read through some of the actual bill and haven't seen anything specificying that the parking lot must be publicly accessible.

So, my question is, would I be legally allowed to store my pistol in my locked vehicle without fear of termination? Any help would be greatly appreciated.

On a side note, would my employer have to change their policy, because right now they state that there will be disciplinary action up to and including termination.

[JustaShooter]

The new law, when it goes into effect on or about March 20th, does not make any distinctions as to the type of parking area. The way I read it, as long as you follow the guidelines about locking it up, and are parked where you are allowed to park, they cannot fire you for having your pistol in your vehicle.

BTW, the guidelines about locking it up state:

(1) Each firearm and all of the ammunition remains inside the person's privately owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;

To me, that reads like you need it to be in a locked container inside the vehicle, not just locked in the vehicle. So, if you don't have a locking glove box or center console, you'll want to use a gun safe or similar.

As to changing their policy, I don't think the law requires them to change it, they just can't enforce it.

[walnut red]

Personally I will NOT be asking HR where I work to change their policy. I have enough trouble staying under their radar as it is. Don't mean I may not choose to lock a pistol in the lock box but I will not be discussing the fact.

[WestonDon]

I have a question about leaving a firearm in a vehicle.
My employer has the right (through our contract) to search vehicles at random and any type of weapon will be cause for termination. The NRA summarization mentioned "publicly accessible parking areas", which ours is not, there is a guard gate at the entrance and a no firearms sign posted on the gate. I have read through some of the actual bill and haven't seen anything specificying that the parking lot must be publicly accessible.

So, my question is, would I be legally allowed to store my pistol in my locked vehicle without fear of termination? Any help would be greatly appreciated.

On a side note, would my employer have to change their policy, because right now they state that there will be disciplinary action up to and including termination.

It seems to me that you now have a contract that is contrary to state law. I don't know what the ramifications of that are or if it even matters as a practical matter.

Yes and no. Yes you can legally store your pistol in your locked vehicle. No you cannot do so without fear of termination. They will simply use another reason or no reason at all. "Business conditions" is a good all purpose reason for termination.

[rightwingpatriot]

I have a question about leaving a firearm in a vehicle.
My employer has the right (through our contract) to search vehicles at random and any type of weapon will be cause for termination. The NRA summarization mentioned "publicly accessible parking areas", which ours is not, there is a guard gate at the entrance and a no firearms sign posted on the gate. I have read through some of the actual bill and haven't seen anything specificying that the parking lot must be publicly accessible.

So, my question is, would I be legally allowed to store my pistol in my locked vehicle without fear of termination? Any help would be greatly appreciated.

On a side note, would my employer have to change their policy, because right now they state that there will be disciplinary action up to and including termination.

It seems to me that you now have a contract that is contrary to state law. I don't know what the ramifications of that are or if it even matters as a practical matter.

Yes and no. Yes you can legally store your pistol in your locked vehicle. No you cannot do so without fear of termination. They will simply use another reason or no reason at all. "Business conditions" is a good all purpose reason for termination.

Isn't that the point of this law? I have been fighting for a policy change before this bill was voted on. I don't want to lose my job and I don't want to be unarmed on my commute to and from work, especially since I, sometimes, travel directly from work to an out of town weekend trip.

[WY_Not]

That may very well be the point of the law but well.. unintended consequences and all that. No matter what this law was intended to do, if an employer wants to fire you after discovering a firearm in your vehicle or even just hearing about same, they WILL do so, they WILL find an excuse, and you WILL be fired.

[JustaShooter]

Yes you can legally store your pistol in your locked vehicle. No you cannot do so without fear of termination. They will simply use another reason or no reason at all. "Business conditions" is a good all purpose reason for termination.

Isn't that the point of this law? I have been fighting for a policy change before this bill was voted on. I don't want to lose my job and I don't want to be unarmed on my commute to and from work, especially since I, sometimes, travel directly from work to an out of town weekend trip.

It is the stated goal of the law, yes - but, Ohio is an at-will employment state so any employer who wants to fire you will find a legal reason to do so. It may take longer and require more paperwork, but this bill really doesn't protect anyone to any real degree.

Oh, and since you are a known "gun guy", I'd be especially careful - and quiet - once the new law goes into effect (actually, I'd start being quite *now*). Locked up in a gun safe, stored out of sight, preferably even before you drive into the lot, and not a word to anyone about how the law lets you do so - and especially not a victory dance to let management know the law did for you what you couldn't get done...

[rightwingpatriot]

Thanks for the advice. I wasn't planning on bringing it up to management, I just wanted to be sure that I was reading the law correctly. I figured they would have to change policy to be in compliance with the law, but I must be wrong.

[JustaShooter]

Thanks for the advice. I wasn't planning on bringing it up to management, I just wanted to be sure that I was reading the law correctly. I figured they would have to change policy to be in compliance with the law, but I must be wrong.

No, the law just says they can't "establish, maintain, or enforce" such a policy. To me that means they can't start a new policy prohibiting firearms in your vehicle, but if they have one, they don't have to change it as long as they don't enforce it. Now, next revision of the employee handbook / policy / contract / whatever cannot legally include it. Again, *even if they don't remove that when they revise the handbook / policy / contract*, I'd just keep my mouth shut unless I was dead certain they wouldn't try to get rid of me or I had a backup employment plan.

[rightwingpatriot]

Well, I love my job, so I'm ok with not raising hell about the policy... as stupid as it may be.

[djthomas]

Now, next revision of the employee handbook / policy / contract / whatever cannot legally include it. Again, *even if they don't remove that when they revise the handbook / policy / contract*, I'd just keep my mouth shut unless I was dead certain they wouldn't try to get rid of me or I had a backup employment plan.

Sure it can. It still applies to any employee who does not have a CHL or fails to secure their firearm as specified in the law.

Here's the thing. I work for a multinational corporation. In the US we have operations in something like 20 states now, and at least half of those have parking lot laws. We have one employee handbook for the US. It says no firearms or other weapons allowed on the premises, including parking lots. The handbook has never been updated when a new state gets parking lot carry and no grand announcements have come down from HR. However, in the Introduction section on the first page it says "where any provisions of this handbook are in conflict with state or local law, the state or local law shall control."

They're covered. I'm covered. Time to shut up and get back to work.

[westsidebestside]

That may very well be the point of the law but well.. unintended consequences and all that. No matter what this law was intended to do, if an employer wants to fire you after discovering a firearm in your vehicle or even just hearing about same, they WILL do so, they WILL find an excuse, and you WILL be fired.

and some number of them WILL be sued successfully and WILL write a B.F. check. It won't stop everyone from not obeying the law, but will influence compliance significantly.

[MyWifeSaidYes]

IF the employer fires you, or is about to fire you, for having a handgun in your car, I would advise the following:

DON'T mention the new law.

DO try to get the specific reason for your termination in writing.

A smart employer won't give you anything in writing, OR they will give a generic like 'policy violation'.

If you DO get 'firearm in vehicle' as a reason, that would help in a lawsuit. Otherwise, spend your time and effort on your job search.

[JustaShooter]

Now, next revision of the employee handbook / policy / contract / whatever cannot legally include it. Again, *even if they don't remove that when they revise the handbook / policy / contract*, I'd just keep my mouth shut unless I was dead certain they wouldn't try to get rid of me or I had a backup employment plan.

Sure it can. It still applies to any employee who does not have a CHL or fails to secure their firearm as specified in the law.

Here's the thing. I work for a multinational corporation. In the US we have operations in something like 20 states now, and at least half of those have parking lot laws. We have one employee handbook for the US. It says no firearms or other weapons allowed on the premises, including parking lots. The handbook has never been updated when a new state gets parking lot carry and no grand announcements have come down from HR. However, in the Introduction section on the first page it says "where any provisions of this handbook are in conflict with state or local law, the state or local law shall control."

They're covered. I'm covered. Time to shut up and get back to work.

Good points, thanks for that.

[WY_Not]

Only the REALLY, REALLY stupid ones who actually fess up to it being firearm related. And if that is the case then paying a stupid tax is not necessarily a bad thing.

That may very well be the point of the law but well.. unintended consequences and all that. No matter what this law was intended to do, if an employer wants to fire you after discovering a firearm in your vehicle or even just hearing about same, they WILL do so, they WILL find an excuse, and you WILL be fired.

and some number of them WILL be sued successfully and WILL write a B.F. check. It won't stop everyone from not obeying the law, but will influence compliance significantly.