Bringing a gun to work

[muttman]

Hi. New member to the board and had a question about bringing a gun to work.

I work for a company that has never allowed employees to carry or bring a firearm to work or have in a personal vehicle on campus.

Now that VA passed SB 408 (http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308) I understood that (specifically Section B:10) it allowed me to bring my firearm legally to work as long as it was in a locked container and my company couldn't stop me. I was told by my company legal department that their rules 'trump' those of Virginia.

Am I reading the bill incorrectly? Can my company still keep me from bringing a firearm to work even when it is kept in my vehicle and in a locked container?

If I am reading it incorrectly, what exactly did that new law do for us? Where can I now have a firearm, where I couldn't before?

[chfaunce]

The new rule did a little for some of us, but not much. Your employer may still be right - it really depends on where you work:

"...The provisions of the bill would not apply to possession of firearms on property on which a person is prohibited from possessing a firearm; (ii) vehicles on property (a) to which access is restricted or limited through the use of a gate; or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access;..."

So, if you work for a Wal-Mart which is located in a strip mall and park in a public parking space not controlled or secured by a single employer, you're right - state law sets precedent.

[Mindflayer]

"O. The granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property."

[muttman]

Thanks very much for the reply. That makes sense. I guess my employer wins this time.

Where did you find the wording that you quoted above?

[chfaunce]

Here:

http://leg6.state.va.us/cgi-bin/legp604 ... 0171+RCHB3

And MindFlayer made another excellent point - if you're parking on private property, the property owner is without a doubt within his/her/their right to prohibit firearms.

[ShortMan]

Control over private property generally trumps any other law, even something in the Bill of Rights.
Of course, by that logic I think I should be allowed to have hookers and blow in my house, but for some reason I cant do that either.

Bastards!

[Mindflayer]

IANAL, but this provision: " or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access; " is sometimes a loophole. Many companies in NoVA are not sole occupants, and many have some sort of public storefront on the ground floor - like, say, a Starbucks. I am neither confirming or denying I carry at work, but I have been told by a lawyer that is one way around the ruling.

[chfaunce]

IANAL, but this provision: " or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access; " is sometimes a loophole. Many companies in NoVA are not sole occupants, and many have some sort of public storefront on the ground floor - like, say, a Starbucks. I am neither confirming or denying I carry at work, but I have been told by a lawyer that is one way around the ruling.

Again, this would come back to whether or not the property was privately owned. Lots of storefronts / cafes, etc, lease square footage from a larger entity. That doesn't necessarily make the property itself "public".

[Mindflayer]

Again, this would come back to whether or not the property was privately owned. Lots of storefronts / cafes, etc, lease square footage from a larger entity. That doesn't necessarily make the property itself "public".

Aye, and if the owner of said building or absolute renter thereof prohibited firearms. It's interesting how much photography laws and firearms laws fall together in this realm.

[chfaunce]

Aye, and if the owner of said building or absolute renter thereof prohibited firearms. It's interesting how much photography laws and firearms laws fall together in this realm.

No kidding!

[Chasbo00]

A friend of mine who worked on a military installation did not want to be without his handgun during his two-hour commute each workday. His solution was to make an arrangement with a nearby business to store his handgun while he was at work. Far from an ideal situation perhaps, but at least he was armed during his commute.

[MDukes]

got to love working at a shooting range

[ProShooter]

got to love working at a shooting range

or a firearms training company!

[Riana]

got to love working at a shooting range

or a firearms training company!

or a gun shop.

[MDukes]

got to love working at a shooting range

or a firearms training company!

or a gun shop.

or all of the above ... not to brag... love it!

[jrswanson1]

I used to work for a web hosting company many years ago. I worked the overnight shift, by myself, for over a year. My manager was nice enough to let me bring in and keep a shotgun at my cube. I miss that job, too bad I make double now or I'd go back.

Jim

[wally626]

The new rule did a little for some of us, but not much. Your employer may still be right - it really depends on where you work:

"...The provisions of the bill would not apply to possession of firearms on property on which a person is prohibited from possessing a firearm; (ii) vehicles on property (a) to which access is restricted or limited through the use of a gate; or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access;..."

So, if you work for a Wal-Mart which is located in a strip mall and park in a public parking space not controlled or secured by a single employer, you're right - state law sets precedent.

This is a provision I am pretty sure of a law that was not passed. The law that was passed said guns in cars in sealed containers are allowed concealed weapons, whether the driver has a CPP or not. No change was made to private property provisions. That is to say if a private property owner wants to ban all weapons or just those of employees he has a right to do so on his property. Maybe next session we can get a parking lot law passed, hopefully one with a lot less weasel clauses in it.

[shootergdv]

Worked for many years at a place where they didn't want guns on work premises. Just left mine in the car - sure, they might could fire me if I told 'em, but I don't think they can search your car w/o permission . Don't ask, don't tell ! Your life is more important than your job.

[chfaunce]

Agreed. It's a tough choice, though, particularly in this economy. Sure, my life is worth more than my job, but do I really want to end up unemployed with a misdemeanor on my record? Yeah, I'd like to see a better parking lot law, but I'm not holding my breath. And even if it did pass, I don't park on public property.

[Diomed]

Just left mine in the car - sure, they might could fire me if I told 'em, but I don't think they can search your car w/o permission .

True, they would almost always need your consent. However failure to give consent would almost certainly result in termination.

It's a great weapon to use against coworkers if you're disgruntled and know they carry.