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Employer's parking lot question

5.4K views 14 replies 11 participants last post by  sgt413  
#1 ·
Hey All,
I was just talking to a coworker who got told that it's now OK to store a firearm in your car AND your employer can't search it. She thought this is a recent change.
Now as far as I recall, it's not against the law to have it, but your employer can force you to open your car for a search and then fire you, especially if it's in something you signed (got forced to sign or no job, like that's not coercion, but that's another story). Where I work, this includes hooch, "adult stuff," etc.
Did this change and I missed it?
 
#2 ·
As I understand NC law (I'm not a lawyer but do play one on TV), the employer can terminate you (or your coworker) because you're able to spell the word gun, unless you're protected by a written agreement that says otherwise. In other words, you work for the company's pleasure (at will) and can be terminated without cause.

http://www.nclabor.com/wh/fact%20sheets/eaw.htm
 
#3 ·
I agree that it's up to the private employer.  The Parking Lot is his/her property and, unless you part on the street or public parking, they have the right to exclude whatever they want especially if you did wave your rights when you were hired on by signing a piece of paper. However, if you didn't sign a piece of paper, there will need to be, most likely, some suspicion/probable cause on the private employer's part in order to conduct the search, but I think it can be conducted without a warrant.  However, public companies are, more or less exempt from this due to their relationship with the government and the 4th amendment. 

This is an "at will" employment state and unless company policy says different, they can dismiss you without any explanation other than maybe saying, "bu-bye"."
 
#4 ·
Thanks for the replies so far.
I knew NC is an at-will state, but was more asking if NC had recently enacted a so-called guns-at-work law. Oklahoma is also an at-will state, but passed a law limiting the ability of an employer to search an employee's vehicle after the Weyerhauser fiasco a few years back. A supervisor with more than 25 years had a hunting rifle in his car and it got randomly searched - he was fired on the spot.
I think there are 15 such states and I was wondering if NC had become #16 and it escaped my notice.
 
#5 ·
NC does NOT have a "parking lot storage" law overriding an employer's rule to not have a gun in their parking lot. My wife works for the City of Raleigh and we're painfully aware of the lack of such law. Many states have a law that prohibits an employer from banning guns on their lot secured in an employee's personal vehicle.
 
#6 ·
Replace the lock on your trunk/glove box (very simple), separate/hide the key, if questioned, it's broke, your keys can't open it :)
 
#8 ·
Larry T said:
NC does NOT have a "parking lot storage" law overriding an employer's rule to not have a gun in their parking lot.  My wife works for the City of Raleigh and we're painfully aware of the lack of such law.  Many states have a law that prohibits an employer from banning guns on their lot secured in an employee's personal vehicle.
Well, now that Governor Pooper is in charge, we can expect the state legislature to pass some good gun laws  :rolleyes:
 
#10 ·
JohnMc said:
Hey All,
I was just talking to a coworker who got told that it's now OK to store a firearm in your car AND your employer can't search it.  She thought this is a recent change.
Now as far as I recall, it's not against the law to have it, but your employer can force you to open your car for a search and then fire you, especially if it's in something you signed (got forced to sign or no job, like that's not coercion, but that's another story).  Where I work, this includes hooch, "adult stuff," etc.
Did this change and I missed it?
This has been a concern of mine for some time. My wife works at a corporate-owned family medical practice and it is their policy that employees are not allowed to have a gun locked in their car. Nothing barring patients from having weapons in their car, just employees. If my wife has a patient who gets angry with her about not getting their pain medication, they can be waiting in the parking lot with their gun and she will have nothing. Further, if my wife has to stop and get gas on the way home, she has no way to defend herself.
 
#12 ·
JohnMc said:
Hey All,
I was just talking to a coworker who got told that it's now OK to store a firearm in your car AND your employer can't search it.  She thought this is a recent change.
Now as far as I recall, it's not against the law to have it, but your employer can force you to open your car for a search and then fire you, especially if it's in something you signed (got forced to sign or no job, like that's not coercion, but that's another story).  Where I work, this includes hooch, "adult stuff," etc.
Did this change and I missed it?

https://www.ncleg.net/Sessions/2013/Bills/House/PDF/H49v1.pdf

everyone below is wrong. The law states you are allowed to and prohibits employers to prohibit them in your vehicle.
 
#13 ·
Did that pass? I looked at the history of the bill. It said "] [quote='JohnMc said:
Hey All,
I was just talking to a coworker who got told that it's now OK to store a firearm in your car AND your employer can't search it.  She thought this is a recent change.
Now as far as I recall, it's not against the law to have it, but your employer can force you to open your car for a search and then fire you, especially if it's in something you signed (got forced to sign or no job, like that's not coercion, but that's another story).  Where I work, this includes hooch, "adult stuff," etc.
Did this change and I missed it?

https://www.ncleg.net/Sessions/2013/Bills/House/PDF/H49v1.pdf

everyone below is wrong. The law states you are allowed to and prohibits employers to prohibit them in your vehicle.
[/quote]
 
#14 ·
mitchellm203 said:
JohnMc said:
Hey All,
I was just talking to a coworker who got told that it's now OK to store a firearm in your car AND your employer can't search it.  She thought this is a recent change.
Now as far as I recall, it's not against the law to have it, but your employer can force you to open your car for a search and then fire you, especially if it's in something you signed (got forced to sign or no job, like that's not coercion, but that's another story).  Where I work, this includes hooch, "adult stuff," etc.
Did this change and I missed it?

https://www.ncleg.net/Sessions/2013/Bills/House/PDF/H49v1.pdf

everyone below is wrong. The law states you are allowed to and prohibits employers to prohibit them in your vehicle.
No you are the one that is wrong that bill went no where and was never sign into law it didn't even make it out of the house. Please don't give advice if you don't understand how a bill works someone following your bad advice on this subject could find themselves in trouble

https://www2.ncleg.net/BillLookUp/2013/hb49
 
#15 ·
Joseph said:
Yeah said:
https://www.ncleg.net/Sessions/2013/Bills/House/PDF/H49v1.pdf

everyone below is wrong. The law states you are allowed to and prohibits employers to prohibit them in your vehicle.
No you are the one that is wrong that bill went no where and was never sign into law it didn't even make it out of the house. Please don't give advice if you don't understand how a bill works someone following your bad advice on this subject could find themselves in trouble

https://www2.ncleg.net/BillLookUp/2013/hb49