Is it legal to have a gun in your car while parked in a school parking lot?

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bigfug

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Probably not. But the bottom line is, if they don't like a teacher having a gun in their car, they can show em the door.

If you could prove thats why they were shown the door, that would be a a violation of the law and the SDA explicitly allows monetary compensation for violating our states 2A laws.

TITLE 21 § 1289.7a TRANSPORTING OR STORING FIREARMS IN LOCKED MOTOR VEHICLE ON PRIVATEPREMISES – PROHIBITION PROSCRIBED – LIABILITY ENFORCEMENTA. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transporting and storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle. .C. An individual may bring a civil action to enforce this section. If a plaintiff prevails in a civil action related to the personnel manual against a person, property owner, tenant, employer or business for a violation of this section, the court shall award actual damages, enjoin further violations of this section, and award court costs and attorney fees to the prevailing plaintiff.D. As used in this section, “motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under the Oklahoma Vehicle License and Registration Act.
 
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If you could prove thats why they were shown the door, that would be a a violation of the law and the SDA explicitly allows monetary compensation for violating our states 2A laws.

TITLE 21 § 1289.7a TRANSPORTING OR STORING FIREARMS IN LOCKED MOTOR VEHICLE ON PRIVATEPREMISES – PROHIBITION PROSCRIBED – LIABILITY ENFORCEMENTA. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transporting and storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle. .C. An individual may bring a civil action to enforce this section. If a plaintiff prevails in a civil action related to the personnel manual against a person, property owner, tenant, employer or business for a violation of this section, the court shall award actual damages, enjoin further violations of this section, and award court costs and attorney fees to the prevailing plaintiff.D. As used in this section, “motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under the Oklahoma Vehicle License and Registration Act.

Yes, the law may trump school policy. However, Oklahoma school teachers are considered "at will" employees.
 

bigfug

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Yes, the law may trump school policy. However, Oklahoma school teachers are considered "at will" employees.

Here are some things to know about at-will employment:

Exceptions
Employees cannot be fired for illegal reasons, such as discrimination, retaliation, or for exercising a legal right.


Hence my first statement, "If you could prove that's why they were shown the door, that would be a violation of the law". Obviously without proof there is no case. I have seen HR or admins fire people over policies that violated law and they employer was stupid enough to put that in writing and people get their jobs back or fat settlements.
 

Ahall

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"6. A handgun carried in a motor vehicle pursuant to a valid handgun license authorized by the Oklahoma Self-Defense Act onto property set aside by a public or private elementary or secondary school for the use or parking of any vehicle; provided, however, said handgun shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property."
I'm sure this was written prior to OK going constitutional. Besides the license is for you to carry not for storage.

Last edit to the referenced regulation was 2015.

According to google, on February 27, 2019, Governor Kevin Stitt signed constitutional carry into law.
 

beast1989

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Here are some things to know about at-will employment:

Exceptions
Employees cannot be fired for illegal reasons, such as discrimination, retaliation, or for exercising a legal right.


Hence my first statement, "If you could prove that's why they were shown the door, that would be a violation of the law". Obviously without proof there is no case. I have seen HR or admins fire people over policies that violated law and they employer was stupid enough to put that in writing and people get their jobs back or fat settlements.

I’m not siding with either of you but I get what Glock ‘em down is saying. There are an infinite amount of ways to get legitimately fired that would be against company policy but not illegal to do.

For example, you are well within your right to invoke your freedom of speech (obviously there are legal boundaries to this) and say things at work that are unprofessional or be rude to customers and employees that would be clear grounds for termination.

Policy doesn’t always have to equal law. And drudging your way through court to figure out whether you or an employer were right gets expensive quick.
 

Aries

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This is from the Oklahoma SDA (Self-Defense Act) which is where discussions like this should start. Everyone carrying a gun in Oklahoma should probably have read it at least once... This is on page 25 of the pdf on OSBI website.


TITLE 21 § 1277 UNLAWFUL CARRY IN CERTAIN PLACES

B. It shall be lawful for a person to carry a concealed or unconcealed firearm on the following properties:

5. Any property set aside by a public or private elementary or secondary school for the use or parking of any
vehicle, whether attended or unattended; provided, however, the firearm shall be stored and hidden from
view in a locked motor vehicle when the motor vehicle is left unattended on school property; and

Colleges and universities are addressed separately on page 26

G. No person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-
Defense Act or who is carrying or in possession of a firearm as otherwise permitted by law or who is carrying or
in possession of a machete, blackjack, loaded cane, hand chain or metal knuckles shall be authorized to carry
the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles into or upon any college, university
or technology center school property, except as provided in this subsection. For purposes of this subsection, the
following property shall not be construed to be college, university or technology center school property:

1. Any property set aside for the use or parking of any motor vehicle, whether attended or unattended,
provided the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are carried or stored
as required by law and the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are not
removed from the motor vehicle without the prior consent of the college or university president or
technology center school administrator while the vehicle is on any college, university or technology center
school property;
 

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