Employer Car Searches

CHL discussions that do not fit into more specific topics

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Has your car ever been searched at work?

Poll ended at Sun Jan 31, 2010 10:01 pm

Yes. I work somewhere firearms are prohibited by State or Federal law.
5
4%
Yes. I work in a critical infrastructure facility or other facility with armed guards. Searches are routine and expected.
4
3%
Yes. I work somewhere firearms are legal but prohibited by company policy. We have a private lot. The search was random and unexpected.
3
3%
Yes. I work somewhere firearms are legal but prohibited by company policy. We share a parking lot. The search was random and unexpected.
1
1%
Yes. I did something to attract unwanted management attention. They asked to search my car and I consented. (please explain)
0
No votes
No.
103
89%
 
Total votes: 116

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The Annoyed Man
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Re: Employer Car Searches

#16

Post by The Annoyed Man »

I voted "No," but I should amend that to say that my car has never been searched at work unless I forgot my reading glasses in it, or something like that. My place of work is maybe 25 ft from my place of sleep, and my car is parked right outside my "office" door.

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Re: Employer Car Searches

#17

Post by FlynJay »

I've had my car searched going into a NASA facility, which has a codified prohibition against firearms. The search was not random, they had a specific threat that they were searching for.

The were searching the engine compartments of all white trucks entering the facility. They did not search the cab of the truck, or even the covered bed for that matter.
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TLE2
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Re: Employer Car Searches

#18

Post by TLE2 »

I found out recently that I can leave my weapon in the vehicle in the parking garage at work. I just can't carry into the building. Well, better than...
Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes... (Jefferson quoting Beccaria)

... tyrants accomplish their purposes ...by disarming the people, and making it an offense to keep arms. - Supreme Court Justice Joseph Story, 1840
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Re: Employer Car Searches

#19

Post by gregthehand »

C-dub wrote:But have you ever signed anything that said you've read the employee handbook or your company's policies or been given a handbook that has this policy in it? Maybe no one has shown that specific page, but they didn't really have to if you've been given the book.
No and if they searched me and found one I'd just say nobody ever told me I couldn't. Which they haven't. I seriously doubt they will ever search though.
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Re: Employer Car Searches

#20

Post by chabouk »

C-dub wrote:
gregthehand wrote: I just did a search of our internal site and we do in-fact have a policy but nobody has ever shown it to me.
But have you ever signed anything that said you've read the employee handbook or your company's policies or been given a handbook that has this policy in it? Maybe no one has shown that specific page, but they didn't really have to if you've been given the book.
Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.
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ScottDLS
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Re: Employer Car Searches

#21

Post by ScottDLS »

chabouk wrote: Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.
Oral notice is valid and does not require any specific wording. That's why I follow the "Don't ask, don't tell rule", so I don't inadvertently receive oral notice.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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Re: Employer Car Searches

#22

Post by RocTrac »

My "commute" is 9 hours one way and through some interesting areas. My personal safety trumps company policy. I haven't bee searched and will not submit to one unless presented with a warrant.
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Re: Employer Car Searches

#23

Post by GhostTX »

I work somewhere that doesn't allow "weapons" on the premise. I've recently tried to have management change their ways, but to no avail. Just falls on deaf ears.

I do, however, commute with a gun and keep it in the car. At least, by law, I'm allowed to do that.
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ScottDLS
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Re: Employer Car Searches

#24

Post by ScottDLS »

GhostTX wrote:I work somewhere that doesn't allow "weapons" on the premise. I've recently tried to have management change their ways, but to no avail. Just falls on deaf ears.

I do, however, commute with a gun and keep it in the car. At least, by law, I'm allowed to do that.
Until you told them and got them to give you ORAL notice, you could have legally carried in the building too. On the other hand, they could have fired you.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Re: Employer Car Searches

#25

Post by GhostTX »

ScottDLS wrote: Until you told them and got them to give you ORAL notice, you could have legally carried in the building too. On the other hand, they could have fired you.
No. It's been communicated to me in non-CHL discussions and the policy ("zero-tolerance policy") is posted in several employee notification boards. I don't think I could have pleaded ignorance if I ever was caught.
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ScottDLS
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Re: Employer Car Searches

#26

Post by ScottDLS »

GhostTX wrote:
ScottDLS wrote: Until you told them and got them to give you ORAL notice, you could have legally carried in the building too. On the other hand, they could have fired you.
No. It's been communicated to me in non-CHL discussions and the policy ("zero-tolerance policy") is posted in several employee notification boards. I don't think I could have pleaded ignorance if I ever was caught.
Fair enough. My company has never given me oral notice, though they have non-30.06 language in handbook. I'm not asking, and hopefully they are not telling! :lol:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Re: Employer Car Searches

#27

Post by chabouk »

ScottDLS wrote:
chabouk wrote: Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.
Oral notice is valid and does not require any specific wording. That's why I follow the "Don't ask, don't tell rule", so I don't inadvertently receive oral notice.
And my point is, "Oral notice isn't worth the paper it's written on."

Got a witness?
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WildBill
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Re: Employer Car Searches

#28

Post by WildBill »

chabouk wrote:
ScottDLS wrote:
chabouk wrote: Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.
Oral notice is valid and does not require any specific wording. That's why I follow the "Don't ask, don't tell rule", so I don't inadvertently receive oral notice.
And my point is, "Oral notice isn't worth the paper it's written on."

Got a witness?
"They" will probably have a witness. You won't.
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C-dub
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Re: Employer Car Searches

#29

Post by C-dub »

And all those new to CHL or unsure of the law (lol) remember that there is and can be a difference between violating a company policy that can get you fired and violating the law that can get you prosecuted.
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Re: Employer Car Searches

#30

Post by TrueFlog »

chabouk wrote:In Derrick A. Wiley v. Department of Justice, a federal employee was suspected of having a pistol in his car, and investigators received a written tip. The investigator requested to search Wiley's car. He declined, said he was taking sick leave, and left the property. A short time later he returned and submitted to a search of his car.
That's more or less what I'd do if my company tried to conduct a search. I'd leave immediately regardless of what I did or did not have to hide. I don't know that I would consent to a search when I returned, but I suppose I'd eventually have to or else I'd run out of sick days. I might just have to start parking across the street.
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