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Work parking lot question
Posted:
Thu Oct 29, 2009 7:30 am
by gotigers
Is it legal to lock your carry weapon in your vehicle while it is parked on your employers parking lot? Assuming you have a CCW.
My employer bans firearms in any facility. "the possession of a gun is absolutely prohibited in any (co. name) facility". That is the only written policy i can find. Does this include the parking lot. The word "facility" typically does not include a parking lot.
Are there any state laws that prohibit someone from leaving and locking their permitted firearm in their vehicle while parked on employer's parking lot?
Re: Work parking lot question
Posted:
Thu Oct 29, 2009 8:07 am
by johnharris
Not in Tennessee - depending on the facts.
If the property is posted in compliance with TCA 39-17-1359, then leaving the gun in your car on the property is criminal activity punishable under that section.
If the property is posted but not in compliance with TCA 39-17-1359, then leaving the gun in your car on the property may be criminal activity punishable as criminal trespass.
If the property is a prohibited property (e.g., school grounds, a federal property, etc.), then leaving the gun in your car on the property may be criminal activity under other specific statutes related to those locations.
Finally, whether an activity is criminal or not is a separate question from whether it can be the basis for a termination of employment for violation of company policy.
Re: Work parking lot question
Posted:
Thu Oct 29, 2009 8:30 am
by gotigers
both?
Criminal: The property is not posted with signs and it is not one of the prohibited sites listed by the state.
as to "criminal trespass", an employee would be considered trespassing even though there is no stated policy or posted sign?
Termination: The co. policy states "facility" with no mention of property.
As a seperate question. TCA 39-17-1359, if a property is posted properly, the sign will be at the entrance of the establishment. Technically, you are breaking the law when you park and walk up to the entrance before you ever read the sign. Wow, what a dangerous loop hole. Know your establishment before you pull in the parking lot.
thanks
Re: Work parking lot question
Posted:
Thu Oct 29, 2009 4:56 pm
by johnharris