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goosemama
Regular Member
| Joined: | Mon May 19th, 2008 |
| Location: | Hooper, Utah USA |
| Posts: | 55 |
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Posted: Thu Aug 27th, 2009 10:48 am |
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I'm sorry to kick a dead horse, but I cannot find the statue for the new law that went into effect in May re: having a gun in your car at your empoyment and they cannot fire you for it. I'll be attending an annual motorcycle ride on Saturday and wanted to make sure I had the statue with me. Also, how does this pertain to OC? If I OC my gun on my chaps, but do not go inside the work place, can they get nasty with me?
Thanks! I would appreciate any input (no trolls though).
Goosemama
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turbodog
Regular Member
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Posted: Thu Aug 27th, 2009 12:36 pm |
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goosemama wrote: I'm sorry to kick a dead horse, but I cannot find the statue for the new law that went into effect in May re: having a gun in your car at your empoyment and they cannot fire you for it. I'll be attending an annual motorcycle ride on Saturday and wanted to make sure I had the statue with me. Also, how does this pertain to OC? If I OC my gun on my chaps, but do not go inside the work place, can they get nasty with me?
Thanks! I would appreciate any input (no trolls though).
Goosemama
Goosemama,
Glad to read about a lady who OC's.
I don't know the wording of the law in your state, but if it's anywise similar to Louisiana's, it (in a nutshell) allows one to have a firearm in your vehicle in a parking lot of your employer.
Carrying it on your person while being on a bike isn't technically "in" your vehicle, but it's something usually overlooked in most other cases because of the open nature of motorcycles. No guarantee your company will see it that way of course. But if you dismount the bike you will ceratinly lose any protection you might have had from the parking lot law. Now your walking about "armed" on company property even if it's just the parking lot. If your going to OC at this run, I'd definitely recommend stashing the firearm in a saddlebag if your going to be on company property or join the run once it leaves the property.
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SGT Jensen
State Researcher
| Joined: | Sat Feb 24th, 2007 |
| Location: | Santaquin, Utah USA |
| Posts: | 2168 |
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Posted: Thu Aug 27th, 2009 02:08 pm |
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Goosemama, the bill was Senate Bill 78, and it inacted U.C.A Title 34, Chapter 45.
http://le.utah.gov/~code/TITLE34/34_45.htm Protection of Activities in Private Vehicles
If your employer is a "State Entity", then you are free to carry however you please.
If they are a private employer, your firearm needs to remain in your locked vehicle, out of sight, in order to receive protection from this law.
Make sure to read the whole chapter, as some places of employment are not covered by this law.
34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion.
(1) Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:
(a) prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
(i) the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
(ii) the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
(iii) the firearm is not in plain view from the outside of the motor vehicle; or
(b) prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion.
(2) A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:
(a) the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:
(i) alternative parking for individuals who desire to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle at no additional cost to the individual; or
(ii) a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area; or
(b) the person complies with Subsection 34-45-107(5).
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goosemama
Regular Member
| Joined: | Mon May 19th, 2008 |
| Location: | Hooper, Utah USA |
| Posts: | 55 |
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Posted: Thu Aug 27th, 2009 11:37 pm |
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Thanks guys, I really appreciate it. I'll read up on it and search for information on the company.
Well, I figure that once I get off the bike, I'm no "longer in the vehicle". I'm planning on stopping to top off my tank, etc. before I get to the check-in point. I'll put my weapon in the trunk there and then remove it and place it back in my holster at our first stop. That way they cannot say that I was "wearing" it on company property. Better safe than sorry.
Thanks again.
Last edited on Thu Aug 27th, 2009 11:43 pm by goosemama
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thx997303
Regular Member
| Joined: | Wed May 7th, 2008 |
| Location: | Lehi, Utah USA |
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Posted: Fri Aug 28th, 2009 01:41 am |
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Yeah, in this economy I would definitely suggest keeping it out of sight. They just may decide to fire you for something else.
Annoying that we would have to deal with this.
So.......How's the goose?
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Manlaan
Regular Member
| Joined: | Tue Oct 28th, 2008 |
| Location: | Riverton, Utah USA |
| Posts: | 7 |
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Posted: Sun Aug 30th, 2009 12:05 pm |
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Just remember that Utah is a right to work state, meaning they can fire you for anything they want, including not telling you at all why you've been discharged. As long as they dont admit to the gun as being a reason to fire you, there is absolutely nothing you can do about it legally.
It being a Saturday (assuming your day off), I cant see why or how they would care what you do in your spare time. It being a company event on the other hand, I'd just be careful if your place is that anti-gun that you'd have to worry about it. Its up to you, but personally, I'd rather have a job and keep the gun hidden than to not have a job and open carry all over the place.
Just be careful, as you dont want to turn into the person that everyone starts rumors about carrying M16s and AK47s around the office... I know how you women like to gossip. I just dont want you to be in the position that you end up being the "crazy gun nut" and after management finds out, decides its not worth the risk to have you around, true or not.
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goosemama
Regular Member
| Joined: | Mon May 19th, 2008 |
| Location: | Hooper, Utah USA |
| Posts: | 55 |
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Posted: Sun Aug 30th, 2009 02:42 pm |
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Well, I went. I rode, I persevered. The main reason I was so concerned about it is because we work in a secure facility and have several govt contracts. They may think a little differently than a regular employer. I understand our"right to fire" status and don't generally do anything to rock the boat in that area. Believe it or not!!
As it was, before I got to the parking lot I stopped at a nearby gas station and topped off my bike. Got a few sundries from the store and before I left, placed my gun in the trunk of my bike hidden under other materials. I still had my serpa on the outside of my chaps in plain sight. Nobody said anything about the holster and I didn't replace the weapon until we had made our first stop on the Poker run at Goldenspike Harley. After that, a few people asked why I had a gun and I just told them I take personal responsibility for my own safety. All in all, we had a great time.
Thanks again for all the help. I hate putting out threads that have been discussed over and over again, but I looked and couldn't find the information. You guys are the bestest!!
Gooosemama
Last edited on Sun Aug 30th, 2009 02:43 pm by goosemama
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Mike
Super Moderator
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Posted: Sun Aug 30th, 2009 04:17 pm |
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| what do you mean by "AOL parking lot law" - I never heard of this.
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thx997303
Regular Member
| Joined: | Wed May 7th, 2008 |
| Location: | Lehi, Utah USA |
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Posted: Sun Aug 30th, 2009 04:52 pm |
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It's the parking lot preemption law.
Refer to SGT Jensen's post.
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Mike
Super Moderator
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Posted: Sun Aug 30th, 2009 05:36 pm |
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thx997303 wrote: It's the parking lot preemption law.
Refer to SGT Jensen's post.
Why is it called an "AOL" law - what is the history of this? Why use the term? That is why I am asking?
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thx997303
Regular Member
| Joined: | Wed May 7th, 2008 |
| Location: | Lehi, Utah USA |
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Posted: Sun Aug 30th, 2009 05:49 pm |
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Ah, well AOL fired some Utah employees after a security guard viewed them transferring firearms from one vehicle to another.
http://www.thegunzone.com/rkba/antigun-aol2.html
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