Federally Controlled Property

[ncpatriot]

I recently started a new job, working a project at a major pharmaceutical company. The boss said we can’t keep firearms in our vehicles because it is an FDA controlled property. I consider this a major 2A infringement, as it disarms me after work as well as the workday. Going back home is not doable most days if I have other places to go in the evening.

Can anyone verify if this is really law or just hype? Chapter &?verse would be great too if you have it handy.

Thanks for any help.

 

[Pahoo]

Condition of Emplyment

Can anyone verify if this is really law or just hype?

May not be a State or Federal law but "certainly; a condition of employment !!!

"Be Safe !!!"

 

[HiBC]

A cockroach who argues with a chicken is always wrong.

 

[Doyle]

It would not be any different if you were and ACOE employee. They don't allow firearms on their property either (other than hunting arms during hunting seasons).

 

[rickyrick]

Many bosses enforce company rules by saying “its a federal law” in an attempt to pacify the employee, pass the buck and avoid discussion.

Doesn’t really matter who the progenitor of the rule is, I would advise following the rule. If it’s a federal rule, an employer is allowed to make the rule more stringent but, they can lessen the rule.
The best practice would be: don’t take a firearm anywhere someone doesn’t want it.

 

[44 AMP]

The boss said we can’t keep firearms in our vehicles because it is an FDA controlled property.

What does the FDA say? The boss MAY be right, he may not be.

I knew of a place that DOE leased, to hold training classes in. The parking lot was also a "no gun" zone (though only the building proper was posted at the time).

The parking lot across the street from the Federally leased training building belonged to the Racquet Club. They didn't care.

Find out what the actual regulations are to be certain.

 

[Aguila Blanca]

The logical place to start would be your boss -- ask him/her what federal law allows the FDA to ban firearms. If he/she doesn't know, go to the company's security department.

 

[Pahoo]

Choices

I retired from a chemical plant that had no federal connection. However, when we hired in, our procedures manual stated that no firearms were allowed on the property, including the parking lots. It was a condition employment and we all had to sign on the dotted line. You'd be better informed if you can locate this requirement in your plant's procedure manual. If you ask your plant manager, it will raise a red-flag and he will likely follow his CYA program. …..

If he/she doesn't know, go to the company's security department.

These folks are primarily contractors and may not be of much help. It makes little difference on your 2-A rights unless you want to go to court. Lots of luck on that one….

At any given point in time, you only have two choices that leads to consequences.

Be Safe !!!

 

[FITASC]

Fl has exemptions for no guns allowed. In regular environments, an employer cannot legally prevent you keeping a gun in your car in the employee parking lot. HOWEVER, certain areas are off limits no matter what - a power plant or cruise ship terminal are two examples; so see what YOUR state law has to say about that

 

[Aguila Blanca]

Fl has exemptions for no guns allowed. In regular environments, an employer cannot legally prevent you keeping a gun in your car in the employee parking lot. HOWEVER, certain areas are off limits no matter what - a power plant or cruise ship terminal are two examples; so see what YOUR state law has to say about that

The OP is in North Carolina, not Florida. What Florida allows or prohibits does not apply. Although Florida enacted a law protecting people's right to keep a firearm in a car while parked on company property, most states have not enacted similar legislation.

In any event, if the boss is correct that the ban stems from federal law, then a state law would not override the federal prohibition.

I wonder if the boss is referring to (and probably misinterpreting) 18 U.S. Code 930. That's a federal law that prohibits possession of firearms and dangerous weapons in federal facilities. IF that's the law the boss refers to, there are two reasons why it may not apply:

1. 18 USC 930 applies to buildings owned or leased by the federal government, where federal employees are regularly present for work. Even if a pharmaceutical company has federal inspectors on the premises, the federal government (presumably) doesn't own or lease the facility.
2. The law clearly states that a federal facility is a "building." The prohibition is against guns "in" a "federal facility" (i.e. in the building). 18 USC 930, if properly construed, would not cover the parking lot.

 

[FrankenMauser]

If it qualifies as a 'federal facility' and the parking area has controlled access (gated, security checkpoint, etc.), the parking lot is likely also a prohibited area.
But if it is not a federal facility; or is one, but the parking lot is uncontrolled, the law likely does not apply. (At a federal level. State law may differ.)

 

[cjwils]

It is not a condition of employment unless it is in writing in the personnel manual, or what ever that document is called there. You can ask to see the personnel manual without saying why. The only reason a condition of employment would not be in the manual is if you have a specific employment contract, where conditions of employment would be stated.

 

[USNRet93]

In regular environments, an employer cannot legally prevent you keeping a gun in your car in the employee parking lot.

Correct but he can certainly fire you if you do..

It is not a condition of employment unless it is in writing in the personnel manual, or what ever that document is called there.

Disagree...if the 'boss' says no firearms in this business, then no firearms..if the
business is a private firm. I don't think it need be 'written' down. Kinda like a business, like DisneyLand or Wallmart saying 'no firearms'..NOT illegal but grounds for removal if you choose to break that 'rule'..

For the OP, I'd say go see HR and ask but also, if the OP makes too much noise, he may be looking for a new job. He's brand new...

 

[Onward Allusion]

Do some more research on your own. Don't depend on an Internet forum for your legal advice. However, if it is indeed just POLICY and NOT LAW, I know what I would do.

Let me give you a real life example. One of our senior executives have had credible death threats against them and their family because they cracked a multi-million dollar criminal case. We now have armed security. We HAVE "No Gun" signs all over the property. It's known that this executive shoots. What do you think this person is doing? No, I don't think this person's gonna quit a $400K job with stock options.

 

[Aguila Blanca]

We had "No Gun" signs all over the property.

"Had" is past tense. Are you saying that you no longer have "No Guns" signs on the property?

 

[Onward Allusion]

^^^
We currently have no-gun signs all over the property.

One thing about being boss, it's easy to break the rules/policies and get away with it. It's life.

 

[raimius]

This is one where you might actually need a lawyer, if you want an accurate answer.

For example: FL law generally protects employee's rights to keep a firearm in a car, but Disney World is an exception because of their licences for explosive production/handling.

 

[USNRet93]

This is one where you might actually need a lawyer, if you want an accurate answer.

For example: FL law generally protects employee's rights to keep a firearm in a car, but Disney World is an exception because of their licences for explosive production/handling.

BUT 'private property' trumps Florida law in this case, no? In spite of a law saying one can EDC or have a gun in your car, if on a 'company' parking lot, if the private business owner's say no, then it's no..NOT against the law but against 'company policy'..and getting fired or disciplined can be a result..
If an employee makes a point of carrying or storing on 'private property', against company policy..pretty sure I know what the result wll be in majority of cases.

 

[olddav]

Perhaps I’m wrong but the question is will you be arrested after your fired. Risk versus reward. Depending on where you travel both to and from work, you may or may not want to risk your job security. Choose your path wisely and good luck.

 

[Doyle]

BUT 'private property' trumps Florida law in this case, no?

No. Florida passed a law that specifically protects concealed permit holders who store their firearms in their vehicles while parked on employee parking lots (other than the legally off limits places like post offices, schools, Disney, etc.).