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Tennessee Firearms Assoc. Inc. • View topic - Work parking lot question

Work parking lot question

This forum section is primarily to allow individuals to post questions that they have concerning topics on which TFA members may have expertise or experience.

Work parking lot question

Postby gotigers » Thu Oct 29, 2009 7:30 am

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?
gotigers
 
Posts: 25
Joined: Wed Apr 15, 2009 7:01 am

Re: Work parking lot question

Postby johnharris » Thu Oct 29, 2009 8:07 am

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.
John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
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Posts: 2211
Joined: Fri Jun 06, 2003 12:03 pm
Location: Nashville, Tennessee

Re: Work parking lot question

Postby gotigers » Thu Oct 29, 2009 8:30 am

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
gotigers
 
Posts: 25
Joined: Wed Apr 15, 2009 7:01 am

Re: Work parking lot question

Postby johnharris » Thu Oct 29, 2009 4:56 pm

John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
Site Admin
 
Posts: 2211
Joined: Fri Jun 06, 2003 12:03 pm
Location: Nashville, Tennessee


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