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ChadShaft

Possesion in the work place

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I know that a business owner can carry in his place of business, but what about an employee that doesn't won the business. I work late after hours in my place of business and have had 3 break ins over the last 10 months. One break in was about 20 minutes after I left, so I think they watched the place waiting for me to leave. They caught the person that broke in and he has in the past had gun charges brought against him

 

My question is what is the law regarding me carrying at a place of business that I don't own? (I know my company's policy) I want to be able to feel safe at 10 pm when doing inventory in a warehouse alone.

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I'm pretty sure the only way you can carry is if the company proves it is necessary for you to carry while you are working, as in a security guard can carry if the company deems it necessary for your job, and then you would have to be certified for your CCL. It would have to be a job requirement. But don't quote me!

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The NJ statutes do NOT say you must be the business owner. It says "place of business". What that means is anyones guess, but the general consensus is that you must hold some proprietary interest in said business...in other words, you are thee or one of the owners.

 

See below threads for some further discussion on the topic. 

 

 

 

http://njgunforums.com/forum/index.php?/topic/30128-carrying-at-work/
 

http://njgunforums.com/forum/index.php?/topic/23021-place-of-business/

 

http://njgunforums.com/forum/index.php/topic/30818-conceal-at-work-place/

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I recommend seeking professional legal advice on this topic.

 

Not internet forum advice, recommendation, suggestions, or "my friend's brother's cousin's worker's girlfriend who knows someone, who read in a gun forum told me is true" advice. 

 

In the event you actually had to use it, you will have more solid ground to defend your position.

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In lots of gun shops, everyone behind the counter carries and I know they don't all own a part of the business.  Different rules for FFLs?

I know of a few who are former LEOs, so there is that possibility.  I was curious about the same thing at other places, where some employees are certainly too young to have been LEOs before working there.  I'm wondering if places with ranges qualify as an 'exemption' of sorts, since you can bring handguns to a range legally?

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I recommend seeking professional legal advice on this topic.

 

Not internet forum advice, recommendation, suggestions, or "my friend's brother's cousin's worker's girlfriend who knows someone, who read in a gun forum told me is true" advice. 

 

In the event you actually had to use it, you will have more solid ground to defend your position.

+1 for this

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Trust, I have no plans to run out and start carrying at work just based on some interenet talk. I was just hoping that maybe there was a specific law I hadn't been able to find that someone could point me to. I'm new to firearms and just wanted to make sure I cross me T's and dot my lower case J's. For a state that has so many rules regarding firearms they sure don't seem to make it easy to find the rules are make them easy to understand.

 

As for talking to my company about better security, they just tell me there's no need to work so late. It's a catch 22, if I don't stay late my work doesn't get done, but that's big business I guess.

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Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be afixed location.

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In lots of gun shops, everyone behind the counter carries and I know they don't all own a part of the business.  Different rules for FFLs?

 

Yes.... different rules.....  Employee;s can be put in for a "pink" card, which allows them to carry at work....

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Yes.... different rules.....  Employee;s can be put in for a "pink" card, which allows them to carry at work....

 

 

I was wondering about that.

I thought they were able to carry because the place was an exempted location. Guess not.

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Definitely get legal advice, from a flesh-and-blood attorney.

 

Curious: What sort of business are you in? 

 

You might think twice about asking your boss, especially if he/she does not carry. Your next post might be about carrying on the unemployment line.

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This was discussed many times. Two choices. ..

 

1. Apply for ccw for work.

2. Become owner.

 

You have to be business owner, as confirmed in court a few times.

 

Sent from my SGH-T889 using Tapatalk 2

 

 

Btw, there are attorneys on this board, and in the 4 plus years, we got the law down pretty well. ;)

 

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As bad as it is, some states like Maryland are a bit more reasonable than NJ about this. They allow employees to carry with owner's permission. In fact in most other places it's reasonable.

 

My cousin mans the cash register at a convenience store. He doesn't have his own gun, but his boss leaves a pistol for him below the counter. This is in Florida. So anyone who tries to rob the store will probably be met with deadly force. 

 

This can never happen in NJ. 

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Definitely get legal advice, from a flesh-and-blood attorney.

 

Curious: What sort of business are you in? 

 

You might think twice about asking your boss, especially if he/she does not carry. Your next post might be about carrying on the unemployment line.

 

I work in HVAC. The large amount of copper tends to attract crack heads and the type. My company's policy is actually no fire arms, but I'd be here alone with nobody to notice. The only way they would ever find out is if I did have to defend myself and at the point my safety is worth more than the job.

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I work in HVAC. The large amount of copper tends to attract crack heads and the type. My company's policy is actually no fire arms, but I'd be here alone with nobody to notice. The only way they would ever find out is if I did have to defend myself and at the point my safety is worth more than the job.

 

 

and unfortunately you would probably go to jail.. 

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and unfortunately you would probably go to jail.. 

 

Yeah, that's why I wanted to know if there was a clear cut law on this. Now when some scumbag breaks in I'll just hide under my desk and hope he doesn't find me before the cops get here. Lucky for me criminals can't pass background checks to obtain firearms

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Yeah, that's why I wanted to know if there was a clear cut law on this. Now when some scumbag breaks in I'll just hide under myself and hope he doesn't find me before the cops get here. Lucky for my criminals can't pass background checks to obtain firearms

 

 

yup definitely ridiculous.. 

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I work in HVAC. The large amount of copper tends to attract crack heads and the type. My company's policy is actually no fire arms, but I'd be here alone with nobody to notice. The only way they would ever find out is if I did have to defend myself and at the point my safety is worth more than the job.

 

My friend...this is NEW JERSEY. It is not Pennsylvania, Vermont, North Dakota, etc. If you feel your job puts you in danger you have two choices: quit (suggested) or carry, in which case you will eventually get caught, lose your job, and everything else. And you'll make everyone else on this board look bad because you're breaking the law.

 

Even if you win, you lose. Even if you shoot a copper-eating motherfucking zombie between the eyes 19 times with your 14-round magazine you lose.

 

I'm tempted to add "don't be an asshole" but I have a sneaky suspicion you are not a genuine poster. Ergo, you already are.

 

 

HVAC, eh??

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Yes.... different rules.....  Employee;s can be put in for a "pink" card, which allows them to carry at work....

Pink card only allows employee to work behind the counter in a store and handle firearms. It also allows that person, who has a pink card, have the ability to deliver a firearm that is not his or hers to the gun owner at a particular legal place.You can not legaly carry in the store unless you are an owner or part owner.You also can not carry if you are a Range Master, unless you are an owner or part owner.

 

Scig

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Maryland has a 10 round mag limit, but it limits the sale / purchase / receipt / transfer (a sale) of them.  Possession is legal, from what I understand.  So your 15+ round mags are still legal there.  No plus in NJ. 

 

Anyone know any different than that on MD handgun magazine laws? 

 

I don't think that law is the law yet. That 10 round limit is a new law, IIRC.

 

MD is still crappy for gun owners.

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Would part owner apply to owning stock in a publicly traded company?  This is a truly theoretical question, but I wonder if an employee at say Starbucks would have legal justification if they also owned one share of the company. 

A more relavent question in this case, even if you are part owner in the business, is the jobsite considered a place of business?

What if you own a food truck, would that be considered place of business when parked at a location?

 

This ambiguity is the main problem I see with attemptoing to write such a law and cover all possibilities.

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