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Thread: Defend your right to own a car.

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    Moderator BanginJimmy's Avatar
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    Quote Originally Posted by Sinfix_15 View Post
    I would protest it in court. A company policy doesnt override constitutional rights or the law. What if the company policy said you had to work for $3 an hour and ignore safety standards?

    Legally, my employer shouldnt be able to restrict me from having a gun in my car any more than they can restrict me from having a gun in my house. My car is private property, a rolling extension of my home, pulling into their parking lot does not change that.
    You would lose in court also.

    OCGA 16-11-135 on GeorgiaPacking.org


    Like I said, your employers right to search your car is very limited, but if they do have probable cause or the firearm is in any way visible, they do have the right to take action.

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    Quote Originally Posted by BanginJimmy View Post
    You would lose in court also.

    OCGA 16-11-135 on GeorgiaPacking.org


    Like I said, your employers right to search your car is very limited, but if they do have probable cause or the firearm is in any way visible, they do have the right to take action.
    I dont understand how that works against me?

    "k) Nothing in this Code section shall restrict the rights of private property owners"

    My car is private property. A company police does not override my legal rights. Could they fire me for having a gun in my house? if they saw me carrying a gun on my day off?

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    Quote Originally Posted by Sinfix_15 View Post
    I dont understand how that works against me?

    "k) Nothing in this Code section shall restrict the rights of private property owners"

    My car is private property. A company police does not override my legal rights. Could they fire me for having a gun in my house? if they saw me carrying a gun on my day off?
    Are you dense or just stopped reading when you found something you could use?

    subsection K applies to the real estate property owner, not the owner of the vehicle.

    Quote Originally Posted by OCGA 16-11-135
    (k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern.
    Read the bolded part again. You will see that he entity in control of the property has the right to restrict weapons on the property.

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    Quote Originally Posted by BanginJimmy View Post
    Are you dense or just stopped reading when you found something you could use?

    subsection K applies to the real estate property owner, not the owner of the vehicle.



    Read the bolded part again. You will see that he entity in control of the property has the right to restrict weapons on the property.
    I understand that. My car is private property, it doesnt stop being my private property when it is parked in a parking lot. Am i wrong in thinking that the rights revolving around my vehicle dont cease to matter when i go to work?
    Last edited by Sinfix_15; 11-15-2013 at 03:10 PM.

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    Petrolhead Browning151's Avatar
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    Quote Originally Posted by Sinfix_15 View Post
    I understand that. My car is private property, it doesnt stop being my private property when it is parked in a parking lot. Am i wrong in thinking that the rights revolving around my vehicle cease to matter when i go to work?
    According to the law, their property rights trump yours when it comes to having a gun in your vehicle on their property looks like to me.



    I do have a question about this though, if an employer leases property does the law apply? Does an employers no gun policy still extend to the parking lot on leased property or does it only apply to entering the business with a gun and the actual property owners policy applies to the surrounding lots?

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    Quote Originally Posted by Browning151 View Post
    According to the law, their property rights trump yours when it comes to having a gun in your vehicle on their property looks like to me.



    I do have a question about this though, if an employer leases property does the law apply? Does an employers no gun policy still extend to the parking lot on leased property or does it only apply to entering the business with a gun and the actual property owners policy applies to the surrounding lots?
    The law specifically speaks to who controls the property. That would include those who lease or sublet the property.

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    Petrolhead Browning151's Avatar
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    Quote Originally Posted by BanginJimmy View Post
    The law specifically speaks to who controls the property. That would include those who lease or sublet the property.
    Does an employer have the right to have an employee of another business car searched in a multi-unit property if he feels it "necessary to prevent an immediate threat to human health, life, (and) safety" or does his ability to do so only extend to his own employees or designated parking spaces since he doesn't control the entire property?

    Not being pedantic, genuinely interested in how the law would apply as I can see it being complicated when enforcing in certain situations.

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    THIS ARTICLE DIRECTLY CONTRADICTS THE POINT YOU MADE IN POST #2118. Thanks for proving me correct.

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    Quote Originally Posted by BanginJimmy View Post
    THIS ARTICLE DIRECTLY CONTRADICTS THE POINT YOU MADE IN POST #2118. Thanks for proving me correct.
    I'm not trying to make a point or prove you wrong, i'm asking for clarification on a topic i am unsure about.



    does the law in layman's terms say "my employer cant search my car, but if they do search my car and find a gun, they can fire me" ?

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