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 Employee handbook gun rules; does this violate the 2nd? 
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PostPosted: Mon May 04, 2009 8:33 pm 
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M.S. 624.714 18 (c) reads: "Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area."

Most larger employers are aware of this, because they subscribe to one of the high buck human resources publications that goes through employer-employee laws and regulations on a state by state basis.

There have been challenges in other states based on the idea that the OSHA requirement to provide a safe workplace creates federal preemption.

I wouldn't want to be a test case, and for this and many other reasons I carry with great discretion.


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PostPosted: Mon May 04, 2009 9:30 pm 
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Jai9100 wrote:
I thought we can't carry inside our employer's building, if so posted??

Well, I'm still reading the Minn. Stat. 624.714, so maybe I'll come across it (or not come across it?) sometime around midnight maybe. :lol:


Wasn't trying to bust your balls, sorry about that.

Joel and company covered it. A posting is a posting, regardless of whether it's your employer or any other business. It serves as notice.

You aren't committing any different "violation" carrying into your place of work than you are into a posted store.

As others have said, though, you can certainly be fired. That's an entirely different ballgame.

-Mark


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PostPosted: Mon May 04, 2009 10:20 pm 
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If you mention you have a gun in your car to anyone, it's a risk. If Word got around the company can get rid of you for many different reasons.

Don't tell a soul, your best friend, nobody.

Don't risk losing your job.


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PostPosted: Mon May 04, 2009 10:33 pm 
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You also have to keep in mind that Minnesota is an "at will" state. A private employer can fire you for practically any reason or no reason at all.


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PostPosted: Tue May 05, 2009 5:39 am 
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PocketProtector642 wrote:
I am questioning this statement. If it is true, an employer could be racist or sexist (as long as it's their policy). There are all sorts of lawsuits over those issues. Why do they have to accept all races and pay sexes equally, but they dont have to allow the 2nd amendment in the workplace?


Federal law says employers may not discriminate against you based on race, gender, disability or sexual preference. They are protected classes under the law.....gun owners are not a protected class....


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PostPosted: Tue May 05, 2009 7:55 am 
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I realize on what I was wrong about. About laws against carrys vs. Employment contract against carrying. I'll be more cautious with my typing in the future.


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PostPosted: Tue May 05, 2009 8:41 am 
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We tend to do this a bit around here:

Image


:lol: :lol:


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PostPosted: Tue May 05, 2009 12:31 pm 
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mrokern wrote:

Those monkeys are not looking for nits, they are looking for fleas.


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PostPosted: Tue May 05, 2009 12:39 pm 
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ah an endless loop of nit picking the nit picking ... well played.

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PostPosted: Thu May 07, 2009 9:39 pm 
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Dee wrote:
You also have to keep in mind that Minnesota is an "at will" state. A private employer can fire you for practically any reason or no reason at all.


You'll have to keep in mind that the Police are "at will" people. They can shoot you for practically any reason or no reason at all. Regardless of if they get in trouble, you're still shot.


The biggest thing that needs to be repeated is this:

M.S. 624.714 18 (c) reads: "Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area."


So if your employer fires you for carying in the parking lot, you're fired...but at least you have a bit of the law on your side.

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PostPosted: Fri May 08, 2009 3:13 pm 
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Thanks all.


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PostPosted: Fri May 08, 2009 6:51 pm 
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gyrfalcon wrote:
Dee wrote:
You also have to keep in mind that Minnesota is an "at will" state. A private employer can fire you for practically any reason or no reason at all.


You'll have to keep in mind that the Police are "at will" people. They can shoot you for practically any reason or no reason at all. Regardless of if they get in trouble, you're still shot.


The biggest thing that needs to be repeated is this:

M.S. 624.714 18 (c) reads: "Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area."


So if your employer fires you for carying in the parking lot, you're fired...but at least you have a bit of the law on your side.


You should at least be able to collect Unemployment Compensation based on unjustified firing. :lol:


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PostPosted: Fri May 08, 2009 7:36 pm 
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My employer used to have a policy manual with some contradictory statements about guns in vehicles in the parking lot. We were recently acquired by a large international company and now our policy manual is boiler plate containing nothing specific about concerns with specific state firearm laws. Just the basic "thou shalt nots...."


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PostPosted: Sat May 09, 2009 7:33 am 
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Rodentman wrote:
My employer used to have a policy manual with some contradictory statements about guns in vehicles in the parking lot. We were recently acquired by a large international company and now our policy manual is boiler plate containing nothing specific about concerns with specific state firearm laws. Just the basic "thou shalt nots...."


Rodentman,

My advice to you, pay lip-service to the commandments that have been handed down from on high, but if you want to, carry anyway, but carry really well concealed. Do not tell anyone that you are carrying, even if they ask (with the exception of a sworn officer of course). It sucks, but if you want to maintain your 2A rights at work, and you want to be able to defend yourself, that's about the way it has to work for now.

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PostPosted: Sun May 17, 2009 11:45 pm 
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nmat wrote:
Rodentman,

My advice to you, pay lip-service to the commandments that have been handed down from on high, but if you want to, carry anyway, but carry really well concealed. Do not tell anyone that you are carrying, even if they ask (with the exception of a sworn officer of course). It sucks, but if you want to maintain your 2A rights at work, and you want to be able to defend yourself, that's about the way it has to work for now.



"...nor shall be compelled in any criminal case to be a witness against himself..."


Do you actually have to admit to an officer that you're carrying a weapon? I thought all you needed to do is turn over your permit card and state identification. I've done so even when I haven't been carrying a weapon.

I may be mistaken but it doesn't always matter if you have a weapon, as long as you have the right to carry one. If an employer is actually going to get a law officer on the premises to search you, I would probably depart work under some sort of mitigating circumstances.

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