Carry at work - leased building

Discussion in 'General GWL Questions' started by zxd9, Aug 18, 2006.

  1. zxd9

    zxd9 Active Member

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    I couldn't find anything about this so hopefully this is a new question.

    My employer leases the building we are in. We also have not been told that we cannot carry at work. (We actually don't have an employee handbook about anything).

    I assume it is OK to carry at work. Is that correct?

    Also, since they don't own the property can they ever make a rule that says I can't carry? I understand the 'at will' work environment I just want to know if the rule would carry any weight.

    Also, would there be any ramifications if I was to put my gun in a desk drawer and while away from my desk someone happened to find it and called the police? Must it be on my person at all times?
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    If you understand the ramifications of "at will" employment, then you understand that the employer can fire you for carrying a firearm on your person, in your desk, and even in your car in the parking lot. He can fire you just because he does not like gun-toting weirdos. He can fire you for having a bad haircut.

    If, by "legal weight," you mean can you be arrested, well, no, not unless your employer happens to be a government (publicly owned building) or you refuse to leave within a reasonable time after being instructed to leave by somebody who has authority to speak for the property. If that happens, it will sound something like this -

    "You're fired! Get out!"
     

  3. Gunstar1

    Gunstar1 Administrator

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    The only thing I have heard about a lease is from an unofficial opinion (not legally binding) by the AG that says a church that is inside a mall is off-limits only in the defined leased space. So a mall that has a church or restaurant that serves alcohol is still not off limits, however the leased space is.

    Is that leased building owned by the government? I would guess the lease would need to cover firearms for them to be allowed, but I am not sure.

    If the building is owned by a company or private individual, then as long as the business is not a public gathering I don't see why you could not carry.

    Depends on your work. Waiter at Applebee's would be a no. Used car salesman would be yes.

    Your boss can make any rule he wants to. He can say "anybody that brings to or into the office wearing a pink shirt or carrying a firearm will be fired, even if you leave it in your car." If you do it anyway you can be fired. It will not carry any legal weight.

    If someone in the office found the gun and called the police their would be no legal ramifications unless you refused to leave. An employer can still fire you because of it, even though they never told you guns were not permitted.
    So if leaving the gun at your desk, do so in a locked container/drawer.
     
  4. zxd9

    zxd9 Active Member

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    Thanks for the quick responses. I work in a regular 'ol office. Cleared things up nicely.

    Great site. This has been a useful source of information and it has made it easy for me to contact my politicians on pertinent issues.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Thanks for participating. Tell your friends!