School Contracts and CHL

[AcesFull]

I work for a general contractor and unfortunately the school contract we are required to sign states that the contractor's employees are not allowed to bring firearms on school property.

Unless we park on private property and walk to the jobsites, this effectively keeps us from even being able to just carry in the car. Schools shouldn't be allowed to have these stipulations.

If for some reason (K9 in parking lot) it's determined I legally have a firearm in my vehicle, we can be blamed for breaching a contract. Most likely the district will throw a fit and end up forcing the contractor to remove that person from the project.

[Keith B]

I work for a general contractor and unfortunately the school contract we are required to sign states that the contractor's employees are not allowed to bring firearms on school property.

Unless we park on private property and walk to the jobsites, this effectively keeps us from even being able to just carry in the car. Schools shouldn't be allowed to have these stipulations.

If for some reason (K9 in parking lot) it's determined I legally have a firearm in my vehicle, we can be blamed for breaching a contract. Most likely the district will throw a fit and end up forcing the contractor to remove that person from the project.

You fall into a gray area. As a employee of the contractor, you basically are an employee of the school who hires you. In this case schools are exempted from state law forcing them to allow a legally owned gun in the car. Now, if you park off of school property on the public street you would not be on school property and they cannot prohibit it.

[srothstein]

I agree that you are in a gray area, but I tend towards the other end of the spectrum on interpretation. The law says that a private or public employer may not stop an employee from having the gun in the car. It then goes on to say that it does not apply to school districts.

There is a lot of case law that would define the contractor v. employee relationship. Most of it is based on single person jobs for tax purposes, but there are some based on contract jobs. If the school sets your work hours and job, then you are effectively an employee and I think the law might apply. If the school hired the contractor to just do a job and the contractor sets your hours and duties (like a construction job normally), then I don't think they can stop you from having the gun in the car.

And if it helps, there is a lot of case law that would say the contract cannot have a clause requiring someone to break the law. If my second interpretation is correct, then the clause in the contract about no guns is unenforceable.

Obviously, this is all a lot of guesses and suppositions and personal opinions. I would not recommend testing your boss, because even with a wrongful termination suit in your favor, you never really get back where you were. But I think, even if I am wrong about the firing and you have the gun in your car, you cannot be arrested. Having a gun in your car is not illegal, even on a school parking lot, unless it is posted properly for 30.06.

[Cjwglock19]

As I understand the law, if im picking my kid up at school legally my gun can stay in my truck. But my employer, which is a school district, prohibits me from keeping a firearm in my truck. I have considered talking to some of our board members about this. As a chl I should be able to arm myself in my commute to and from work, knowing many times I don't go straight home.

[gringo pistolero]

There's two easy solutions.
1. Don't park on their property.
2. Don't consent to a search.

[cb1000rider]

There's two easy solutions.
2. Don't consent to a search.

For most reasons where an LEO would search you or your car on school grounds, your consent is going to be irrelevant.

[function12]

You might get away with when does work start? Works starts when you get to your work area. Not when you leave your car. As long as you are not going to and from your car during the work time you might be OK. I.e. If you trip going into the building your are NOT covered by work comp because you are not on the clock yet. Yes, it is a grey area but I think a lawyer could fight this.

[AcesFull]

Just glanced at the specifications, general conditions and supplementary conditions earlier and it is very clear that we are independent and not considered as employees.

"The contractor shall at all times be an independent contractor, not an employee or agent of the owner, and the relationship of the parties here under shall in no event be construed as constituting any other relationship."

"Firearms shall not be brought onto the owner's property at any time. Anyone found to be in possession of a firearm(s) will be immediately referred to the local authorities and will be permanently expelled from the project."

Some projects are on active campuses. Some are not. I don't think the school districts should be able to remove my rights via a contract...

If this language was not allowed to be in the contract, some employers might feel differently about hindering their employees from even carrying a secured weapon in their vehicles much less as allowed by law concerning CHL.