Rights?????????????

Discussion in 'GA Laws and Politics' started by kechols15, May 10, 2007.

  1. kechols15

    kechols15 Guest

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    My employer has a policy that we can not have a firearm on their property. I have always understood that my vehicle is an extension of my home. As long as my weapon is locked in my vehicle can they tell me I can't have while I am parked on their property?
     
  2. mzmtg

    mzmtg Active Member

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    How would they know that there might be a gun in your car?
     

  3. kechols15

    kechols15 Guest

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    I have a cwp. I drive 51 miles one way @ 0400 hrs. My Fire Department has recently fired someone for having a pistol in his locked truck. I carry for protection but the county feels that once the vehicle is on thier property it is open season.
     
  4. USMC - Retired

    USMC - Retired Active Member

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    Can you park nearby off their property?
     
  5. Adam5

    Adam5 Atlanta Overwatch

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    It's my understanding that they can prohibit them anywhere in their property. It becomes an issue of your empolyers private property rights. That's the reason the NRA tried to pass a bill last session that would ban employers from prohibiting guns in employer parking lots. Unfortunately they could not the bill to pass. Some people think that the tactics they used were a little too heavy handed and the State Legislature didn't pass the bill as a warnin gthat they didn't like being threatened with an 'F' rating if they didn't pass it. Others say that it didn't get passed due to the fact the Legislature was supposed to hear it right after the VT killings, and that it was bad time for a pro gun bill.
     
  6. lsu_nonleg

    lsu_nonleg New Member

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    +1 . Are they documenting their intention to search your vehicle for "contraband" anywhere? If not... Much like shooting coyotes, keep thy mouth shut and give no one an excuse to suspect, one way or the other.
     
  7. tj2000

    tj2000 Guest

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    Whoa!!!!

    +1 Don't ask don't tell, Concealed is concealed.
    :2cents:
     
  8. kkennett

    kkennett New Member

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    That's the best I can think of, particularly given that the FD building is a public gathering.
     
  9. lsu_nonleg

    lsu_nonleg New Member

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    But technically, wouldn't he still be traveling to a public gathering (the FD), no matter where he parked, making him still in violation of state law?

    I won't even try to figure out how in the hell a fire station is a public gathering. Just because it's a "public building?"
     
  10. gsusnake

    gsusnake Token Liberal Hippie

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    Publicly owned buildings are EXPRESSLY indicated in 16.11.127 as off-limits, right?
     
  11. gsusnake

    gsusnake Token Liberal Hippie

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    O.C.G.A. § 16-11-127
    Carrying deadly weapons to or at public gatherings; affirmative defenses

    (a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.

    (b) For the purpose of this Code section, "public gathering" shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.
     
  12. Rammstein

    Rammstein New Member

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    With a reading like that, if I were to run out of gas five miles away from the courthouse (which I planned to park in a lot 1000ft away from) and I leave my gun in the car I could still be charged, because I intended to eventually go to a place that is a PG. I don't buy it.
     
  13. GAGunOwner

    GAGunOwner Active Member

    https://www.georgiapacking.org/caselaw/bicevstate.htm
     
  14. jrm

    jrm Sledgehammer

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    The notion that a vehicle is an extension of a home is dead. The SCOTUS has carved up so many exceptions to the 4th amendment for cars that it almost does not apply to cars. It still applies (rigidly in many instances) to homes most of the time.

    It's important not to confuse property rights with employment law when talking about the parking lot bills (like the one that failed to pass this session). The proposed bill would have benn an employment law bill, not a property rights bill. It regulated the relationship between employer and employee, by restricting job actions against employees under certain circumstances. It did not affect, directly, the ability of companies to enforce their property rights. The property rights of your employer should be of much less concern to you than the employer's right to fire you for having a gun in the car.

    The answer to your question is that GA is an employment at will state. You can be fired for a good reason, a bad reason, or no reason at all, as long as it is not an illegal reason. SB 43 would have made firing for a gun in the car an illegal reason. As it stands today, it is not an illegal reason. So, regardless of your employer's property rights, you can be fired for carrying a gun in your car, on your person, in your dreams, etc.