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Can my employer search my car?

4/17/15 @ 11:36 PM
ORIGNAL POST
rottenfisher1
rottenfisher1
User since 11/8/10
My company gave out a new handbook that says for security purposes, they can search any private vehicle without advanced warning if it is on company property.

Can they legally do that and can they fire somebody for refusing a search?

DISPLAYING 1 TO 10 OF 14 POSTS
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4/27/15 @ 11:26 PM
Lectrotech
Lectrotech
User since 11/19/09
So I have to write a company policy regarding firearms possession. Here is the rough draft.

If you are on the grounds of Central Power Resources and do not have a firearm one can be provided for you upon verbal or written request. If you prefer to bring your own that is fine, however, if you bring your own we must see it and be assured the chamber is empty.

(Background checks are done prior to entrance of the property.)

4/19/15 @ 8:28 AM
Dave (Golden)
Dave (Golden)
MEMBER since 6/22/01
40yrs..

What you posted ONLY applies to individuals that HAVE a CCW permit.

The laws also still permits certain owners and occupants of property to prohibit persons from carrying a concealed firearm in or on the property.

Wisconsin Stat 943.13(1m)(b)

Once the employer notifies in writing (employee handbook, etc) and or signage that weapons and/or concealed carry is not welcome on their property you can no longer bring a weapon onto their property, under the possibility of revocation of your CCW permit. SO if they "own" the property and have posted or notified I would be VERY careful, I think your skating on thin ice.

I think the key is "used by" the employer, if they own the property they have the right to prohibit weapons on it.

(15m) Employer restrictions. (a) Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment. (b) An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

I am pretty lucky, we cannot bring weapons onto company property regardless, but since they don't own the properties (parking lot) they have a rule that as long as the weapon is secured, and unloaded, we can have it in our cars, this even goes for people that drive company cars. This came to be when we would do Customer events like Skeet Shooting, Pheasant hunts, etc. They use what I would call common sense.

4/19/15 @ 7:38 AM
40 yrs + on black lake
User since 5/6/04
Am employer can search you car but cannot prohibit a CCW permit holder from having a weapon their vehicle.

From the Wisconsin DOJ CCW FAQ 01/23/2014

Can an employer prohibit employees from carrying concealed weapons on the job? Yes. An employer may prohibit an employee from carrying a concealed weapon or a particular type of concealed weapon in the course of the employee‘s employment or during any part of the course of the employee‘s employment. Wis. Stat. § 175.60(15m)(a).

Does that prohibition apply to my car or the employer’s parking lot? No. An employer may not prohibit a person with a CCW license, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee‘s own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer. Wis. Stat. § 175.60(15m)(b)

4/19/15 @ 12:45 AM
amaranthlost
User since 5/31/10
Part of the terms of employment at my work is that we abide by the members' guide (their term for employee handbook). They also state that the guide is subject to change without notice. They already have the right to search any employee locker or desk (company property. If they decided to implement vehicle searches while on company property, there is nothing we could do.

4/18/15 @ 9:33 PM
rottenfisher1
rottenfisher1
User since 11/8/10
Thanks for the replies.

I'm supposed to sign an acknowledgment form, but the handbook claims that the rules apply, whether or not the form is signed.

Wondering

4/18/15 @ 8:13 AM
lawdog616
lawdog616
User since 1/20/04
If it is part of the employee handbook and you signed it as part of your employment with them, then yes. If it is just a snap decision by them, I would say no.........No one has the right to search your car without Probable Cause or a warrant, unless you consent. signing an employment agreement would be consent.

4/18/15 @ 8:03 AM
BugleTrout
BugleTrout
User since 9/27/01
We are not allowed to have alcohol or firearms in our vehicles while they are parked on company property. In signing our mandatory code of conduct agreement, we do have allow a search of our vehicles if asked. So if I'm going up north, going hunting, going out to the range, etc after work and have a 30 pack and an AR15 and a 12 gauge in the truck, I park on the public street right in front of the visitor's entrance and reception area. I do of course point out that I have a firearm in my vehicle and it's parked closer to the building than if it were in the lot to every HR person I pass on the way in. They know that I'm harmless and being a smartarse but I know it gets under their skin a little.

4/18/15 @ 7:05 AM
pike eyes
User since 12/28/10
absolutely!!! there's nothing to even argue about.

4/18/15 @ 6:56 AM
Dave (Golden)
Dave (Golden)
MEMBER since 6/22/01
You guys don't have a clue. If he is parking on company property and the employee handbook states that vehicles may be subject to search it was probably part of the employment agreement and they certainly can.

I just spent three days working at ATK in Kansas, they Manufacture ammunition for the military. There is a sign as you enter, all vehicles subject to search, and they do it.

Simple fix, don't park on their property.

4/18/15 @ 6:08 AM
Bozo
User since 7/29/02
Yes and no. If you are so afraid of saying no to them that you agree to it then they can. If you stand up to them,then they can't. They can of course retaliate against you...... Call a lawyer but most stuff like this never gets that far.

DISPLAYING 1 TO 10 OF 14 POSTS
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